GUNERI 105N.4th Street, P.O.) Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 AGENDA Gunter City Council Regular Meeting Thursday, September 19, 2024 6:00 p.m.  EST.1901  Pursuant to Chapter 551 ofthe' Texas Government Code, notice is hereby given ofal Regular Meeting ofthe City Council ofthe City ofGunter, Texas to be held on September 19, 2024, at 6:00 p.m. ini the Gunter Public Safety Building located at 1051 N 4th Street, Gunter, Texas, Pursuant to, Section 551.127, Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using vidcoconferencing technology. The video and audio, feed of the videoconferencing equipment can be viewed and heard by the public at the address, posted above as the Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record ofattendance. Ifyou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration. Form and turn it in to the City, Secretary before the meeting starts. A card tos speak at a public hearing may be CALLTO ORDER SPECIAL CITY COUNCILI MEETING [Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally, posted pursuant to the Open Meetings Act. During the course of the meeting, members ofthe audience wishing to speak must be recognized by  at which time the following will be discussed and considered:  location of the meeting.  submitted any time before the public hearing is closed.  the. Presiding Officer.)  INVOCATION AND PLEDGE OF ALLEGIANCE  1. CITIZEN COMMENTS [The City Council invites citizens to speak to the Council on topics not already scheduled for public hearing or on the agenda. Citizens may address the Council fora a maximum oft three minutes. Citizen comments shall bei made from the podium. Please state your name and address for the record. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in  response tot the inquiry.]  AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on topic. Citizens may address the Council for aj maximum of three minutes. Comments shall be made from the podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council 2. CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may bei removed for open discussion by ai request from a  members to respond.]  Councilmember.]    A. Consider approval ofN Minutes from August 15, 2024 Regular Meeting, August 24, 2024 Workshop, September 5, 2024 Regular Meeting, and September 9, 2024 Special B. Consider approval of the Gunter Police Department Activity Report for August 2024. C. Consider approval of the Gunter Financial Report for August 2024.  Meeting.  3. Police Chief] Report  Introduction ofnew Patrol Officer Elder Quinones 2025-2029 Gunter PD Strategic Plan presentation  4. Mayor's Report  RFP: for Texas Community Development Block Grant Fund Program  TCEQ SEP Program update FY2023-2024. Audit update 1145 Stonebridge - Burned house  REGULAR AGENDA 5. PUBLICI HEARING  Public Comments: Tol hear public comments regarding proposed FY2024-2025 Tax 6. - Discuss, consider, and act upon an Ordinance for Adoption of the FY2024-2025 Tax 7. Discuss, consider, and possibly take action to Ratify the Property Tax Revenue increase 8. Discuss, consider, and act upon a Resolution Authorizing and Ratifying the agreement with the State ofTexas ComptrollerofPublic Accounts regarding the repayment of 9. Discuss, consider, and act upon Amending Plat to create lots 2A and 2B, East College Addition in the Houston Tap & Brazoria Railroad Company Survey, Abstract No. 606, 10. Discuss, consider, and act upon a Development Agreement for a proposed 208 single- family lot subdivision. The 66 acre tract of property is currently in the Gunter ETJ and located generally at the North-East ofN Main Street and 9th Street. (Gunter 66)  Rate.  Rate for the City of Gunter. (Roll Call)  reflected in the budget with the adoption of the proposed Tax Rate.  overpaid Local Taxas.  generally known as 297 and 299 East College Street.  11. PUBLIC HEARING    Public Comments: To hear public comments regarding an Adoption oft the 2024 Grayson County Thoroughfare Master Plan as the adopted Thoroughfare Master Plan for 12. Discuss, consider, and act upon an Ordinance adopting the updated 2024 Grayson County Thoroughfare Plan as the Thoroughfare Plan oft the City of Gunter, as said plan  the City of Gunter.  may be amended from time to time by Grayson County.  13.] PUBLICHEARING  Public Comments: To hear public comments regarding an Adoption of the Parks, Recreation & Open Space Master Plan 2024-2039 for the City of Gunter, Texas. 14. Discuss, consider, and act upon the Adoption of the Parks, Recreation & Open Space 15. Discuss, consider, and act upon an Ordinance Adopting the 2021 International Building 16. Discuss, consider, and act upon Authorizing an Interlocal Agreement between Grayson 17. Discuss, consider, and act upon Authorizing an Interlocal Agreement between Grayson County and the City of Gunter for 2024-2025 Fire Protection Services. 18. Discuss, consider, and act upon Authorizing a Resolution approving a Facilities Agreement with the Gunter Volunteer Fire Department. (GVFR) 19. Discuss, consider, and act upon an Ordinance amending the City of Gunter Code of Ordinance Ch. 1, "General Provisions," Article 1.03, "City Council," to add provisions 20. Discuss, consider, and act upon a Resolution approving the scheduling of two monthly 21. Discuss, consider, and act upon Authorizing an Online Community Software. 22. Discuss, consider, and act upon Approving and Authorizing the Request for Proposals  Master Plan 2024-2039 for the City ofGunter, Texas.  Codes for the City of Gunter, Texas.  County and the City of Gunter for 2024-2025 EMS Services.  for two monthly City Council meetings.  City Council meetings.  (RFP) for Bank Depository for the City of Gunter, Texas. 23. Discuss, consider, and act upon Appointing vacant seat on thel EDC.  24. Discuss, consider, and act upon a Resolution for Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ): received from Andrew Pennington.    25. Discuss, consider, and act upon a Resolution for Senate Bill 2038 petition for releasee from the Extraterritorial Jurisdiction (ETJ) received from Gary & Kathryn Harris.  26. COUNCIL BUSINESS EXECUTIVE SESSION  Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City Attorney on a matter in which the duty oft the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re:  executive session (closed meeting) to discuss the following:  a. BNSF Litigation  RECONVENE TO OPEN SESSION  In: accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in Executive Session. 27. Discuss, and take appropriate action on any Executive Session item.  28. Discuss, consider, and act on determining agenda items to be placed on: future City Council meeting agendas and direct the City Secretary as to which future agendas the  item should be placed upon.  ADJOURN  Itheu undersigned authority, dol hereby certify thatt the abovel Noticed ofCity Councill Meeting oft the City ofGunter, Texas is at true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the window of City Hall of said Gunter, Texas, a place convenient to the public, and said) Notice was posted on or before September 16, 2024, at 6:00 p.m. and remained so posted continuously for at least seventy-two hours  immediately preçeding the date of said meeting. D2 Detra Gaines, City Secretary  Ifduring the course oft ther meeting covered by this notice, the City Council should determine that a closed or executive meeting ors session oft the City Council ora ac consultation" with the attorney fort the City should bel held ori isr required, then such closed or executive meeting consultation with attorney as authorized byt the Texas Open Meetings Act, Texas Government Code: 551.001 et.s seq, will bel held ors session or Council att the date, hour andj place giveni int this notice ast the City Council may conveniently meeti ins such closed ore executive meeting by the ors City session. or consult with the attorney for the City concerning any anda alls subjects and for any and all purposes permitted by the Act, including, but not  limitedt to, the followings sections andj purposes: Texas Government Code Section:  551.071 Private consultation with the City'sa attorney on any item listed ont the agenda or authorized by law. 551.072) For thej purpose of discussing the purchase, exchange, lease or value ofr real property. 551.0731 For thep purpose ofc considering a negotiated contract fora aj prospective gift or donation. or employee ort tol hear complaints or charges against aj public officer ore employee. 551. .076 To consider the deployment, specific occasions for implementation, ofs security personnel or devices. 551.0 084 Fort thej purpose of excluding witnesses during examination ofa another witness. 551.0 0871 For the purposes of considering economic development negotiations. Persons with disabilities who plant toa attendt this meeting and who may need assistance: should contact Detra Gaines, 5185 two working days prior tot the meeting sot that appropriate arrangements cant be made.  551.0741 For the purpose ofc considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal ofaj officer  public  City Secretary, at (903).433-    CITY COUNCIL MEETING eptember19,2024 6:001 PM  GUNERI  EST.1901  AGENDAITEM: #1  CITIZEN COMMENTS [The City Council invites citizens to speak to the Council on topics not already scheduled for public hearing or on the agenda. Citizens may address the Council for a1 maximum ofthree minutes. Citizen comments shall be made from the podium. Please state your name and address for the record. The Council is unable to respond to or discuss any issues that are brought up during this section that are: not on the agenda, other than to make statements ofspecific factual information in response to a citizen's inquiry or to recite existing policy in  response to the inquiry.]  AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on topic. Citizens may address the Council for a maximum of three minutes. Comments shall be made from thej podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council members to respond.]  AGENDA ITEM SUMMARYIBACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL, IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY COUNCIL MEETING September 19, 2024 6:001 PM  GUNGERI  EST.1901  AGENDA ITEM#2  CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by ai request from a Councilmember.] A. Consider approval ofN Minutes from August 15, 2024 Regular Meeting, August 24, 2024 Workshop, September 5, 2024 Regular Meeting, and September 9, 2024 Special B. Consider approval oft the Gunter Police Department Activity Report for August 2024. C. Consider approval oft the Gunter Financial Report for August 2024.  Meeting.  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTEDI BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIALIMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    GUNERI 105N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 MINUTES Gunter City Council Regular Meeting Thursday, August 15, 2024 6:00pm Meeting Opened. At 6:00 p.m.  EST.1901  Members Present: Mayor. Karen Souther, Cyndy. Davis, Alan. Richins, Dave Self, Wade Staff Present: Detra Gaines City Secretary, Eric Wilhite Director of Planning & Development, Adam Adams. Director of Parks & Public Services, Police Chief Danny. Jones, Officer. Kyle  Burtsfield, William Stevens  Barton, City. Attorney Courtney. Morris  Pursuant to Chapter 551 ofthe Texas Government Code, notice: is hereby given ofal Regular Meeting oft the City Council oft the City of Gunter, Texas to be held on August 15, 2024, at 6:00j p.m. int the Gunter Public Safety Building located at 105N4 4th Street, Gunter, Texas, at Pursuant. to, Section 551.127, Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The video and audio feed of the ideoconferencing equipment can be viewed and heard by the public at the address posted above as the Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. Ifyou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. A card to speak at a public hearing may be CALL TO ORDER SPECIAL CITY COUNCIL MEETING Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally posted pursuant to the Open Meetings Act. During the course ofthe meeting, members ofthe audience wishing to. speak must be recognized by  which time the following will be discussed and considered:  location ofthe meeting.  submitted any time before the public hearing is closed.  the Presiding Officer.7  INVOCATION AND PLEDGE OF ALLEGIANCE  1. CITIZEN COMMENTS [The City Council invites citizens to speak to the Council on topics not already scheduled for public hearing or on the agenda. Citizens may address the Council fora a maximum ofthree minutes. Citizen comments shall be made from the podium. Please state your name and address for the record. The Council is unable to respond to or discuss any issues that arel brought up during this section that are: not on the agenda, other than to: make statements of specific factual information in response to a citizen's inquiry or toi recite existing policy in  response to1 thei inquiry.]    Citizen comments were given by Renee Marler regarding Texas Ethics Commission Citizen comments were, given by Karl Lenderman regarding an update on storm  (TEC) complaint against Mayor Souther. drainage within The Woods of Preston.  2. CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a A. Consider approval of Minutes from July 18, 2024 Regular Meeting and July 23,2024 B. Consider approval of the Gunter Police Department Activity Report for. July 2024. David, Self made the motion to approve the Consent Agenda items A and B as presented. Alan Richins seconded the motion. Motion passed. 5-0  Councilmember. Special Meeting.  3. Police Chief] Report  Introduction ofnew Patrol Officer Kyle Barton  The introduction of new Patrol Officer Kyle. Barton was given by. Police Chief  Danny Jones.  4. Mayor's Report  TIRZI No. 1 update - discussion during budget TCEQ update - waiting. for approved projects  Delinquent Tax update - City to receive delinquent tax of $40,557.00  REGULAR AGENDA 5. PUBLICHEARING  Public Comments: Tol hear public comments regarding an adoption oft the 2024 Grayson County Thoroughfare Master Plan as the adopted Thoroughfare Master Plan fort the City of Mayor. Karen Souther Opened. Public. Hearing. for discussion at 6:17p.m. Citizen comments were given by Rodney Haire regarding proposed tollway, going Mayor Karen Souther Closed. Public. Hearing, for discussion at 6:19p.m.  Gunter, TX.  through a portion of his property.    6. - Discuss, consider, and act upon an Ordinance adopting the updated 2024 Grayson County Thoroughfare Plan as the Thoroughfare Plan oft the City of Gunter, as said plan Wade. Burtsfield made the motion to Table updated 2024 Grayson County Thoroughfare Plan as the Thoroughfare. Plan of the City of Gunter. Cyndy. Davis 7. Discuss, consider, and act upon al Final Plat for Woody Acres, Lots 1 &2, Block. A, being 17.132 acres to build a single-family dwelling, and the property is located on Bounds Road, David Selfmade the motion to approve the Final. Plat for Woody. Acres Lots I & 2, Block. A, being 17.132 acres located on Bounds Road. Cyndy. Davis seconded the 8. Discuss, consider, and act upon Amending Plat to create lots 1R, 2R, 3R, 4R, 5R, and Block 10, approximately 29,000 square feet. Thej property is located near 3rd Street and W. Oak Street. David. Self made the motion to approve the Amending Plat to create lots IR, 2R,3R, 4R, 5R, and Block 10 located on W. Oak Street. Alan. Richins seconded the motion. 9. Discuss, consider, and act upon a Final Plat for The Bridges Phase 2A containing 140 residential Iots, 3 open space. lots, on 60.827 acres situated in the. Jeremiah Stanley Survey, Abstract 351 and the. John Cochran Survey Abstract A-214, within the City of Gunter. David Self made the motion to approve. Final. Plat for the. Bridges. Phase. 2A. Cyndy Davis seconded. the motion. William Stevens Opposed. Motion passed 4-1 10. Discuss, consider, and acti upon entering into an Interlocal Purchasing Agreement with  may be amended from time to timel by Grayson County.  seconded the motion. Motion passed 5-0  within Gunter City Limits.  motion. Motion passed. 5-0  (Fraser Capital)  Motion passed. 5-0  (Centurian American)  Grayson County.  Wade Burtsfield made the motion to approve an Interlocal. Purchasing Agreement with 11. Discuss, consider, and act upon the adoption of the Parks, Recreation and Open Space  Grayson County. David Selfseconded the motion. Motion passed. 5-0  Master Plan 2024-2039.  Cyndy. Davis made the motion to Table the adoption ofthe Parks, Recreation and Open Space Master. Plan 2024-2039, to September 19, 2024, and post Public. Hearing. David  Selfseconded the motion. Motion passed 5-0    12. Discuss, consider, and act upon authorizing the expenditure oft monies from the Parkland Dedication fund for ballfield improvements not to exceed the amount of thirteen thousand Wade. Burtsfield made the motion to approve authorizing the expenditure from the Parkland. Dedication Fund not to exceed $13,149.99,for ballfield improvements. Alan 13. Discuss, consider, and act upon setting a Preliminary Budget Workshop for Saturday,  one hundred and forty-nine dollars and ninety-nine cents ($13,149.99).  Richins seconded the motion. Motion passed 5-0  August 24, 2024.  Cydny. Davis made the motion to approve, setting a Preliminary. Budget WorkshopJ for Saturday, August 24, 2024 at 9:00 a.m. David, Selfseconded the motion. Motion passed 14. Discuss, consider, and act upon setting schedule of September 19, 2024, for a Public  5-0  Hearing and Adopt FY2024-2025 Budget and' Tax Rate.  William Stevens made the motion to approve, setting a schedule of September 5, 2024, at 5:00 p.m,for a Public. Hearing. for the City of Gunter Budget. Alan Richins  seconded. the motion. Motion passed 5-0  15. Discuss, consider, and act upon authorizing the Order of Special Election on November 5,2024, for the following propositions: Reauthorization ofl local Sales and Use Tax at the rate of one-half of one percent for Street Maintenance, creation of Gunter Municipal Development District subject to Termination oft the Gunter Economic Development Cyndy Davis made the motion to approve authorizing the Order of Special Election on November. 5, 2024,forlhefollowing, propositions: Reauthorization oflocal Sales and Use Tax at the rate ofone-half ofone percent for Street Maintenance, creation of Gunter. Municipal. Development. Districtsubject: to Termination ofthe Gunter Economic Development Corporation. Alan. Richins seconded. the motion. Motion 16. Discuss, consider, and act upon authorizing a. Joint Special Election. Agreement between  Corporation.  passed. 5-0  the City of Gunter and Grayson County for November 5, 2024.  David Self made the motion to approve authorizing a. Joint Special. Election Agreement between the City of Gunter and Grayson Countyfor) November 5, 2024, election. Wade  Burlsfleldseconded. the motion. Motion passed 5-0    17. Discuss, consider, and act upon approving an Ordinance calling al November 5, 2024, Special Election Proposition for a Dissolution ofthe Economic Development Corporation (EDC) and the Creation ofal Municipal Development District (MDD). Wade Burtsfield made the motion to approve Ordinance #2024-08-15-01 calling a November 5, 2024, Special Election Proposition for a Dissolution ofthe Economic Development Corporation (EDC) and the Creation ofa Municipal Development District (MDD).. David, Selfseconded the motion. Motion passed 5-0 18. Discuss, consider, and act upon an Ordinance calling a November 5, 2024, Special Election for the purpose of authorizing the readoption ofa local Sales and Use Tax ini the City of Gunter at the: rate ofc one-half ofone percent (0.50%) toj provide revenue for Alan Richins made the motion to approve Ordinance #2024-08-15-02 calling a November 5, 2024, Special Election for the purpose ofauthorizing the readoption ofa local Sales and Use Tax in the City of Gunter at the rate ofone-halfofo one percent (0.50%) to, provide revenue for maintenance and repair ofmunicipal: streets. Cyndy 19. Discuss, consider, and act upon an Ordinance removing Gunter Code of Ordinance provisions regarding the position ofCity Manager in accordance with the November 7, 2023, in which the citizens of Gunter voted to abandoned the City Manager form of government and adding provisions to allow the City Council to appoint a City Administrator in accordance with Texas Local Government Code Chapter 22,  maintenance and repair of municipal streets.  Davis seconded the motion. Motion passed. 5-0  subchapter C.  Cyndy. Davis made the motion to go back to the drawing board and. Repeal the City Manager, portion and reserve itforfuture use. William Stevens seconded the motion. 20. Discuss, consider, and act upon approving a Resolution for a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's! 2024 Rate Review Mechanism Filing. David Self made the motion to approve Resolution #2024-08-15-1jor a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's. 2024. Rate. Review Mechanism Filing.  Motion passed 5-0  Cyndy. Davis seconded. the motion. Motion passed. 5-0  21. Discuss, consider, and act upon maintenance and repairs for city signs.    Discussion continued with. Director. Adam. Adams regarding repairs to streets signs, street poles, welcome sign, air brakes signage and adopt street sign standards. 22. Discuss, consider, and act upon changing city council meeting times, days, and  occurrences during the football season.  Cyndy. Davis made the motion to change City Council meeting times, days, and occurrences during the football. season and authorize the mayor to draft and sign an  Ordinance as follow:  15+7 Thursday of the month at 5:00 p.m. 3rd Thursday of the month at 6:00 p.m.  Wade Burtsfieldseconded the motion. Motion passed. 5-0 23. COUNCIL BUSINESS EXECUTIVE SESSION  Mayor. Karen Souther Opened. Executive Session at 7:26) p.m., and requested. Eric Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City Attorney on a matter in which the duty oft the attorney to the governmental body under the Texas Disciplinary Rules of] Professional Conduct ofthe State Bar of'Texas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re:  Wilhite, Detra Gaines, and Adam Adams to be in attendance. executive session (closed meeting) to discuss the following:  a. BNSF Litigation . City Administrator Position  b. Discuss Development Agreement for Single-Family Residential on East Main B. $ 551.074 For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal ofaj public officer or employee or to hear  complaints or charges against aj public officer or employee. a. Board Applications for EDC and Parks Mayor. Karen Souther Closed. Executive Session at 9:40 p.m.  RECONVENE TO OPEN SESSION  Ina accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in] Executive Session.  COUNCIL BUSINESS- - OPEN SESSION  24. Discuss, consider, and possibly take action for any Executive Session items.    Cyndy. Davis made the motion to nominate the Park. Board members Juan Ortiz and Robson. Pritchett. Wade. Burlsfieldseconded. the motion. Motion passed. 5-0 Cyndy. Davis made the motion to nominate the EDC. Board members as follows:  Place. 1 Monesa Unger Place 2. Josh. Long Place. 31 Nat McClure Place 4 Chris Atkinson Place 51 Don Anderson Place 61 vacant Place 7Anthony Quintana  Dave Selfseconded the motion. Motion passed 5-0  25. Discuss, consider, and act on determining agenda items tol be placed on future City Council meeting agendas and direct the City Secretary as to which future agendas the  item should be placed upon.  No Action  ADJOURN  Adjourned. Ats 9:43 p.m.  Karen Souther, Mayor  ATEST:  Detra Gaines, City Secretary    GUNERI  EST.1901  105N.4"Street, P.O. Box 349 Gunter, TX75058-0349 903-433-5185 Fax 903-433-8039  MINUTES Workshop Meeting Gunter City Council Saturday, August 24, 2024 9:00: a.m. Meeting Opened At9:14am.  Members Present: Mayor Karen Souther, Cyndy Davis, Alan Richins, David, Self, Wade. Burtsfield, StaffPresent: City Secretary. Detra Gaines, Director of Planning & Development Eric Wilhite, Director of Parks &. Public Services Adam Adams, Police Chief Danny Jones, Fire Captain Cameron. Kraemer,  Mayor. Pro Tem William Stevens  Interim Finance. Director Eddie. Peacock  Pursuant to Chapter 551 ofthe Texas Government Code, notice is] hereby given ofa Workshop Meeting oft the City Council ofthe City of Gunter, Texas to bel held on August 24, 2024, at 9:00 a.m. int the Gunter Public Safety Building, located at 105) N. 4th Street, Gunter, Texas, at which CALLTO ORDER [Mayor will call the meeting to order, establish a quorum ifA present, and declare  time thei following willl be discussed:  notices legally posted pursuant to the Open Meetings Act.] INVOCATION AND PLEDGE OF ALLEGIANCE  OPEN SESSION  1. Discuss, consider, and act upon an Ordinance approving the 2024 Certified Property Tax Roll for Cyndy. Davis made the motion to approve Ordinance #2024-08-24-01 approving 2024 Certified Property Tax Rollj for the City and providing an effective date. David. Selfseconded: the motion. 2. Consider and take appropriate action on aj proposed, not to exceed, Property Tax) Rate for Fiscal Year 2024-2025 calling for aj public hearing on the Proposed' Tax Rate and setting the date for the vote on thej property tax rate at Gunter City Hall, 1051 N 4th Street, Gunter, TX 75058. Wade Burtsfield made the motion to take action on ai Proposed. not to exceed Tax Rate ands set the Tax Rate Public. Hearing and adopt the Proposed Tax Rate on September. 19, 2024. Cyndy Davis seconded the motion. Motion passed. 5-0 (Roll Call) Cyndy. Davis, Alan Richins, David  the City and providing an effective date.  Motion passed. 5-0  Self, Wade. Burtsfield and William Stevens.    3. Discuss, consider, and act upon Amending the September 5, 2024, Public Hearing for the  Adoption FY2024-2025 Budget for September 9, 2024.  David, Self made the motion to approve. Amending the September 5, 2024, Public. Hearingfor the Adoption of FY2024-2025. Budgetf for September 9, 2024. Alan. Richins seconded: the  motion. Motion passed 5-0 4. Budget Workshop  Budget Overview Budget Policies Implementation  The Presentation was, given by Mayor Karen, Souther and Interim Finance. Director Eddie  Peacock.  ADJOURN  Adjourned. At 2:03 p.mm.  Karen Souther, Mayor  ATTEST:  Detra Gaines, City Secretary    GUNERI 105N.4"Street, P.O. Box 349 Gunter, TX75058-0349 903-433-5185: Fax: 903-433-8039 MINUTES Gunter City Council Regular Meeting Thursday, September 5, 2024 5:00 p.m. Meeting Opened. At5:10 p.m.  EST1901  Members Present: Mayor. Karen Souther, Cyndy. Davis, Alan Richins, David, Self, Mayor Pro Staff Present: Detra Gaines City Secretary, Eric Wilhite Director of Planning & Development, Adam. Adams Director of Parks & Public Services, Danny Jones Police Chief, Courtney  Tem William Stevens Phone Conference: Wade. Burtsfield  Morris City Attorney  Pursuanti to Chapter 551 ofthe Texas Government Code, notice is hereby given ofal Regular Meeting oft the City Council ofthe City of Gunter, Texas to be held on September 5, 2024, at 5:00 p.m. in the Gunter Public Safety Building located at 105N4th Street, Gunter, Texas, Pursuant. to, Section 551.127, Texas Government Code, one or more Councilmembers or employees attend this meeting remotely using videoconferencing technology. The video and audio feed of may the Videoconferencing equipment can be viewed and heard by the public ati the address posted above as the Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. Ifyou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City, Secretary before the meeting starts. A card to speak at a public hearing may be CALLTO ORDER SPECIAL CITY COUNCILI MEETING [Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally posted pursuant to the Open. Meetings Act. During the course oft the meeting, members ofthe audience wishing to. speak must be recognized. by  at which time the following will be discussed and considered:  location of the meeting.  submitted any time before the public hearing is closed.  the Presiding Officer.7  INVOCATIONAND PLEDGE OF ALLEGIANCE  1. CITIZEN COMMENTS [The City Council invites citizens to speak tot the Council on topics not already scheduled for public hearing or on the agenda. Citizens may address the Council fora maximum ofthree minutes. Citizen comments shall be made from the podium. Please state your name and address for the record. The Council is unable toi respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to1 make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in  response to thei inquiry.]    Citizen comments were given by Barb Milczarek regarding supportfor the library. 2. AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on1 topic. Citizens may address the Council for ai maximum oft three minutes. Comments shall be made from thej podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council  members to respond.] REGULAR AGENDA  3. Discuss, consider, and act upon authorizing staffto: facilitate the terms of an agreement Citizen comments were, given by Nancy Dechaud regarding supportf for the library. Citizen comments were given by. Fra Mask regarding support for the library. Citizen comments were given by Kathy. Barton regarding supportfor thel library. The Presentation, for the Gunter. Library & Museum was given by, Sue Stratton.  between the City of Gunter and the Gunter Library & Museum.  NoAction. Discussion continued.  4. Discuss, consider, and act upon any revisions needed for the FY2024-2025 Budget, and  Adoption with a Public Hearing on Monday, September 9, 2024.  NoAction.. Discussion continued.  5. COUNCIL BUSINESS EXECUTIVE SESSION  Mayor Karen Souther Opened. Executive Session at 6:57p.m., and requested. Eric Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City Attorney on ai matter in which the duty oft the attorney to the governmental body under the Texas Disciplinary Rules of] Professional Conduct oft the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer: re:  Wilhite to be in attendance.  executive session (closed meeting) to discuss the following:  a. BNSF Litigation  Mayor. Kaen Souther Closed. Executive Session at 8:11 p.m.  RECONVENE TO OPEN SESSION    In accordance with Texas Government Code, Chapter 551, the City Council will reconvene: into Open Session to consider action, ifany, on matters discussed in Executive Session. 6. Discuss, and take appropriate action on any Executive Session item.  NoAction.  7. Discuss, consider, and act on determining agenda items to be placed on future City Council meeting agendas and direct the City Secretary as to which future agendas the  item should be placed upon.  Contractfor executive staff Media Policy Website  ADJOURN  Adjourned. At 8:13 p.m.  Karen Souther, Mayor  ATTEST:  Detra Gaines, City Secretary    GUNERI 1051 N.4 4th Street, P.O.) Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 MINUTES Gunter City Council Special Meeting Monday, September 9, 2024 6:00 p.m. Meeting Opened. At 6:03 p.m.  EST.1901  Pursuant to Chapter 551 ofthe' Texas Government Code, notice is hereby given ofa Special Meeting oft the City Council oft the City of Gunter, Texas to be held on September 9, 2024, at 6:00 p.m. int the Gunter Public Safety Building located at 1051 N 4th Street, Gunter, Texas, Members Present: Mayor Karen Souther, Cyndy Davis, Alan Richins, David Self, Wade Staff Present: Detra Gaines City, Secretary, Eric Wilhite Director of Planning & Development, Adam Adams Director of Parks & Public Services, Courtney Morris City Attorney, Officer Pursuant to, Section 551.127, Texas Government Code, one or more Councilmembers or employees attend this meeting remotely using videoconferencing technology. The video and audio. feed of may the videoconferencing equipment can be viewed and heard by the public at the address posted above as the Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as az record of attendance. Ifyou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn iti in to the City Secretary before the meeting starts. A card to speak at a public hearing may be CALLTO ORDER SPECIAL CITY COUNCIL MEETING Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally posted pursuant to the Open Meetings Act. During the course oft the meeting, members ofthe audience wishing to. speak must be recognized by  at which time the following will be discussed and considered:  Burtsfield, Mayor Pro Tem William Stevens.  Wilbanks, Officer Quinones  location ofthe meeting.  submitted any time before the public hearing is closed.  the Presiding Officer.1  INVOCATION AND PLEDGE OF ALLEGIANCE  1. CITIZEN COMMENTS [The City Council invites citizens to speak toi the Council on topics not already scheduled for public hearing or on the agenda. Citizens may address the Council fora maximum of three minutes. Citizen comments shall be made from thej podium. Please state your name and address for the record. The Council is unable to: respond to or discuss any issues that arel brought up during this section that are: not on the agenda, other than tor make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in  response to1 the inquiry.] No citizen comments    2. AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on topic. Citizens may address the Council for ai maximum of three minutes. Comments shalll be made: from thej podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council  members to respond.] REGULAR AGENDA 3. PUBLIC HEARING  Public Comments: To hear public comments regarding the Proposed FY2024-2024 Mayor. Karen Souther Opened. Public. Hearing, for discussion at 7:02 p.m. Citizen comments were given by. Monesa Unger regarding budgeted line items. Mayor. Karen Souther Closed. Public. Hearing, for discussion at 7:25 p.m. 4. Discuss, consider, and act upon an Ordinance Adopting the Proposed FY2024-2025 Cyndy. Davis made the motion to. Approve Ordinance #2024-09-09-01. Adopting the Proposed. FY2024-2025 Budget. Wade. Burlsfieldseconded. the motion. Opposed William Stevens. Motion passed 4-1 (Roll Call) Cyndy. Davis, Alan Richins, David, Self,  Budget for the City of Gunter.  Budget.  Wade. Burtsfield, William Stevens  5. COUNCIL BUSINESS EXECUTIVE SESSION  Mayor. Karen Souther Opened Executive Session at 7:31 p.m. and requested. Eric Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $ 551.071: Consultation with the City Attorney on aj matter in which the duty oft the attorney to the governmental body under the Texas Disciplinary Rules of] Professional Conduct oft the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re:  Wilhite to be in attendance.  executive session (closed meeting) to discuss the following:  a. BNSF Litigation  Mayor. Karen Souther Closed. Executive Session at 9:13p.m.  RECONVENE TO OPEN SESSION    Ina accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in Executive Session.  6. Discuss, consider, and act upon any Executive Session items.  NoAction  7. Discuss, consider, and act on determining agenda items to be placed on future City Council meeting agendas and direct the City Secretary as to which future agendas the  item should be placed upon. Light Ordinance  ADJOURN  Adjourned. At9:15 p.m.  Karen Souther, Mayor  ATTEST:  Detra Gaines, City Secretary    GUNTER POLCE - DEPARIIMENT  MONTHLYREPORT  SERVICE  POLICE  GUNTER  CE CPOLIEIN  AUGUST 2024    Event Activity Analysis by Day  POLICE  Date Reported: 8/01/204-08/31/2024  GUNTER POLICE DEPARTMENT 102 NORTH PRESTON ROAD GUNTER, TX: 75058 903-433-1717 0 0 0 0 1 1 0 0 0 0 0 0 0 1 2 0 1 0 0 1 0 1 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 1 1 0 0 0  Classification 911 HANG UP CALL ACCIDENTAL/MISDIAL ABANDONED Abandon Vehicle AGENCY ASSIST ASSIST GUNTER FIRE DEPT. Assist Other Agency AGENCY, ASSIST AGENCY, ASSIST AGENCY ASSIST AGENCY, ASSIST AGENCY ASSIST AGENCY ASSIST AGENCY ASSIST ASSISTED GCSO AGENCY ASSIST AGENCY ASSIST AGENCY ASSIST AGENCY ASSIST ALARM Burglary Alarm Business. Alarm Residential Alarm ANIMALI PROBLEM DOG/CATALMINCATLAGE Livestock Other Animal Calls WILD ANIMAL ASSAULT Simple Assault CIVILI PROBLEM Civill Dispute Civil Problem CONTROLLED SUBSTANCE Amphetamine, Possession DISTURBANCE NOISE COMPLAINT DOMESTICPROBLEMI VERBALARGUMENT FIRE ASSISTED GFD Brush, Grass Fire INFORMATION! REPORT INFORMATIONI REPORT  Sunday Monday Tuesday Wednesday Thursday Friday Saturday Totals  0 0 1 1 1 0 2 0 0 0 0 1 0 0 0 0 0 1 1 0 0 2 0 1 1 0 1 0 0 0 0 0 0 0 0 0 0  0 0 0 0 1 1 0 0 0 0 0 0 1 0 0 1 0 0 0 a 0 0 0 0  0 0 1 1 0 0 1 0 0 1 0 0 0 0 2 0 2 0 0 0 0 0  1 1 1 1 1 1 1 0 1 0 0 0 0 0 1 0 0 0 1 1 0 0 1 0 0 0 0 0 0 0 1 0 1 0 0 1 1 0 0 0 0 2 2  0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0  0 a 1 1 0 0 2 0 0 0 1 0 1 2 1 0 1 0 0 2 1 0 1 0 0 1 1 2 2 0 0 0 0 1 1  1 1 4 4 3 2 7 1 1 1 1 1 1 1 8 1 3 1 2 3 1 1 1 5 1 2 1 1 1 1 5 2 3 1 1 3 3 1 1 3 2 1 4 4 1/2  0 0 1 0 0 0 0 1 1 0 0 1  1  0 0 0 0 0 0 2 1 1 0 0  0 a 0 0 0    MEDICAL Ambulance. Assist ASSISTGFD MENTALSUBJECT Hospital7 Transport PUBLICPEACE DISTURBANCE PUBLIC: SERVICE Assist Motorist WELFARE CONCERN SUSPICIOUS Suspicious Person Suspicious Vehicle THEFT Theft Other TRAFFICACCIDENT Traffic Accident, Private Prop Damg Traffic Accident, Vehicle Damage TRAFFICPROBLEMI Reckless Driver Traffic Control Traffic Hazard VEHICLE REPOSSESSION Vehicle Repossession Total Events Total Citation' Violations: Total Citations:  2 0 2 1 1 0 0 a 0 0 1 0 1 0 0 0 0 0 1 1 a 0 0 0 12 24 31  1 0 1 0 0 1 0 1 0 0 0 1 1 1 1 0 1 0 0 1 0 0 15 35 41  0 0 0 1 1 1 1 a 0  2 2 0  2 2 0 0 0 1 1 3 3 0 0 0 0 0 0 0 0 0 2 2 0 0 0 0 20 38 44  8 5 3 2 2 1 1 7 5 2 3 2 1 2 2 3 1 2 14 9 2 3 1 1 89 204 259  1 0 0 1 0 1 0 0  0 0 0 0 1 1 1 1 1 0 3 1 1 1 1 1 15 21 22  0 0 0 1 1 0 0 0 0 0 5 4 1 0 0 14 42 54  1 1 1 0 0 7 24 26  1 1 0 0 0 0 6 20 41  2/2    CITY OF GUNTER BY GRID SH2 289/N. 8HST.  THE WOODS  DOLLARSTORE N. WEST  GUNTER HIGH SCHOOL/MIDDIESCHOO:  SONIC  N. EAST GUNTER CABINETS FM1 121/EAST MAIN ST. GUNTER CENTER  CITYHALL  FM121/WEST MAIN  GUNTER ELEMENTARY SCHOOL  THE BRIDGES  S.WEST  S.EAST  SH: 289/S. 8THST. NOTTOSCALE    EVENTACIMIYCHART FORAUGUST: 2024  7.9%  13.5%  12.4%  25.8%  S.WEST S.EAST OTHER N.WEST N.EAST CNTY  6.7%  33.7%  1/1    EVENTACTWITYCHARTFORAUGUST20AA  35  30  30  25  20  15  12  10  5  1/1    Arrest Report  Date  POLICE  Reported Range: 8/01/2024-08/34/2024 I City: GUNTER  GUNTER POLICE DEPARTMENT 102 NORTH PRESTON ROAD GUNTER, TX 75058 903-433-1717  Classification CONTROLLED SUBSTANCE Total Arrests: 1  Number of Arrests 1  1/1    CHATONACIMIYCHARTFORAUGUST2024  DEFECTVETALLAMPS PASNGATHORLEDENEDEMERGENCYVEHCLE SPEEDING NOLICENSEPIATELIGHT RANREDLIGHT DISREGARDEDTURNMARKSATI INTERSECTION FALTOSIOPDESGNATEDPONTSTOPSGN SPLAYEXPREDLICENSEPLATES DSPLAYFICIITIOUSLICENSEPLATE NOTALLAMPS FALEDTODRIVEINSINGLELANE DEFECINEHEADLAMPS MPROPERTURNORNORSTOPSIGNAL OPERATIONOFVEHCILEWITHOUTUICENSEPLATE FALTOSIOPPROPERPIACETRWFICLIGHT DRIVERLICENSE REQUIRED(NODL) IMPROPER PASSING FALED1 TOMELD, ATSTOPI INTERSECTION NOHEADLAMPS-WHENNOTEQUIPED SPEEDINGINASCHOOLZONE ALEDIOMELDATYELDINTERSECTION ROMETEDMIRVEHGNCOMTROLACCESSHW, DRMNGONIMPROVEDSHOULDER NOINSURANCE DPREDDRMERSLCENSE RANSTOPSIGN DISREGARDEDNOPASSINGZONE DEFECTIVE: STOPLAMPS FALTOREPORICHANGECFAOORESSORNNE  0.4% 0.4% 0.4% 0.8% 0.8% 0.4% 0.4% 0.8% 0.4% 0.4% 0.4% 1.2% 0.4% 0.8% 0.4% 0.4% 0.8% 0.4%  1.5% n 0.4%  5% 0.4%  79.9%  1/1    CHATONACTWITYCHARTFORAUGUST20A  DEFECINVETALLAMPS SPEEDING NOLCENSEPLATELIGHT RANREDLIGHT  PASSNGAUTHORLEDEMEDEMERGENCYVEHCE  207  13  OSREGWDEDTURMMARISATNTERSECTON FALTOSIOPDESGNATEDPONESTOPSGN 3 DISPLAYEXPIREDLICENSEPLATES DSPLAYFICTTIOUSLICENSEPLATE 1 FALEDTODRIVEINSINGLELANE 2 DEFECTIVEHEHEADLAMPS MPROPERTURNORNORSTOPSIGNAL 1  NOTALLAMPS 1  EPAIONOFVEACIEMITQUTLCENSERATE ALTOSIOPROPERPLACETRAFCUIGHT  OAMERLICENSEREGURED (NODL) -3 FAILED TOMELD. ATSTOPINTERSECTION NOHEADLAMPS-WHENNOTEQUIPED ALEDTOMELDATYELDINTERSECTION ROHBTEDMTRVEHGNCONTRCLACESSHW,  MPROPERPASSING  EEDNGNASCMOQZONE 2  DRMNGONIMPROVEDSHOULDER 2 NOINSURANCE 2 DPREDDRMÉRSLICENSE RANSTOPSIGN DISREGARDEDI NOPASSINGZONE DEFECTMESIOPLAMPS  FAIL TOREPORT CHANGE OF ADDRESS ORN NAME  50  100  150  200  250  1/1    GUNTER POLICE DEPARTMENT 1021 NORTHI PRESTONI ROAD GUNTER,TX75058 903-433-1717  Racial Profiling Totals  BOLICE  Category A.Total Statistic TOTALSTOPS Category B. Gender Statistic FEMALE  Count 259  Count 68 0 1 8 8 51 0 191 1 7 23 42 118  FEMALE- ALASKA: NATIVEAMERICAN INDIAN FEMALE- ASIAN ORI PACIFICI ISLANDER FEMALE- BLACK FEMALE-I HISPANIC ORI LATINO FEMALE- WHITE GENDER UNKNOWN MALE MALE- A ALASKA NATIVE/AMERICAN. INDIAN MALE- ASIAN OR: PACIFIC! SLANDER MALE- BLACK MALE- - HISPANIC ORI LATINO MALE- WHITE Category C.F Race or Ethnicity Statistic ALASKA NATIVE/AMERICANI INDIAN ASIAN OR PACIFICI ISLANDER BLACK HISPANIC ORI LATINO WHITE Category Statistic Category E. Reason: for Stop Statistic  Count 8 31 50 169  D.V Was race or ethnicity known) prior to stop? RACE KNOWN PRIOR TOSTOP RACE NOT KNOWN! PRIOR TOSTOP  Count 0 259  Count 245 8 27 0  MOVING TRAFFIC VIOLATION MOVING TRAFFIC VIOLATION-ALASKA NATIVE/AMERICAN INDIAN MOVING1 TRAFFIC VIOLATION- ASIAN ORI PACIFIC ISLANDER MOVING TRAFFIC VIOLATION- BLACK MOVING TRAFFIC VIOLATION. HISPANIC ORI LATINO 48 MOVINGTRAFFICI VIOLATION-UNANOWNK    MOVING TRAFFIC VIOLATION- WHITE PRE-EXISTINGI KNOWLEDGE PRE-EXISTING: KNOWLEDGE-, ALASKA NATIVE/AMERICANI INDIAN PRE-EXISTINGI KNOWLEDGE- ASIAN ORI PACIFIC ISLANDER PRE-EXISTING KNOWLEDGE- BLACK PRE-EXISTING: KNOWLEDGE- HISPANIC ORI LATINO PRE-EXISTING: KNOWLEDGE- U UNKNOWN PRE-EXISTING: KNOVLEDGE-HITE VEHICLE: TRAFFIC VIOLATION VEHICLE: TRAFFIC VIOLATION-/ ALASKA NATIVE/AMERICANI INDIAN VEHICLE1 TRAFFIC VIOLATION-A ASIAN ORI PACIFIC ISLANDER VEHICLE' TRAFFIC VIOLATION. -E BLACK VEHICLE' TRAFFIC VIOLATION-I HISPANIC OR LATINO 1 VEHICLE: TRAFFIC VIOLATION- -UNKNOWN VEHICLE' TRAFFIC VIOLATION. WHITE VIOLATION OF THEL LAW INDIAN ISLANDER  161 0 0 0 0 0 13 0 0 4 0 8 0 0 0 0 0 0  VIOLATION OF THEI LAW- ALASKA: NATIVEAMERICAN 0 VIOLATION OF THEI LAW- ASIAN ORI PACIFIC VIOLATION OF THEI LAW- - BLACK VIOLATION OF THEI LAW- - HISPANIC ORI LATINO VIOLATION OF THEI LAW- UNKNOWN VIOLATION OF THELAW- WHITE Category F.Approximate) Location of Stop Statistic CITY STREET COUNTY: ROAD PRIVATEI PROPERTY OR OTHER STATEI HIGHWAY US HIGHWAY Category G. Was as search conducted? Statistic SEARCH CONDUCTED INDIAN  Count 24 0 0 234  Count  SEARCH CONDUCTED- ALASKA NATIVE/AMERICAN 0 SEARCH CONDUCTED- ASIAN ORI PACIFIC ISLANDER 0 SEARCH CONDUCTED- BLACK SEARCH CONDUCTED- HISPANIC ORI LATINO SEARCH CONDUCTED-I UNKNOWN SEARCH CONDUCTED. WHITE SEARCH! NOT CONDUCTED SEARCH! NOT CONDUCTED- ALASKA NATIVE/AMERICAN: INDIAN SEARCHI NOT CONDUCTED- ASIAN ORI PACIFIC ISLANDER SEARCHI NOT CONDUCTED- BLACK  0 1 0 0 258 8 31    SEARCH NOT CONDUCTED- UNKNOWN SEARCH NOT CONDUCTED- WHITE  0 169  Category H. Reason for Scarch Statistic CONSENT  Count 0 0 0 0 0 0 0 0  CONSENT- ALASKA NATIVEAMERICAN, INDIAN CONSENT- ASIAN ORI PACIFICISLANDER CONSENT- BLACK CONSENT- HISPANIC ORI LATINO CONSENT- UNKNOWN CONSENT- WHITE CONTRABANDAND/EVIDENCE INI PLAIN SIGHT CONTRABANDRVDENCE: INI PLAIN: SIGHT- ALASKA 0 MATVEAMERNCANINDANK CONTRABAND/EVIDENCE INI PLAIN: SIGHT- ASIAN OR 0 PACIFIC! ISLANDER CONTRABANDEVIDENCE INI PLAIN: SIGHT BLACK CONTRABANDEVIDENCE INI PLAIN: SIGHT- -HISPANIC 0 ORI LATINO CONTRABAND/EVIDENCE INI PLAIN SIGHT- UNKNOWN 0 CONTRABANDEVIDENCE INI PLAIN: SIGHT- WHITE INCIDENTTO ARREST- ALASKA NATIVE/AMERICAN 0 INCIDENT TO. ARREST- ASIAN ORI PACIFIC ISLANDER 0 INCIDENT TO ARREST BLACK INCIDENTTO ARREST- HISPANIC ORI LATINO INCIDENTTO ARREST- - UNKNOWN INCIDENT: TO ARREST- WHITE  0  0 1 0 1 0 0  INCIDENTTO, ARREST INDIAN  INVENTORY SEARCH! PERFORMED, AS A RESULT OF 0 INVENTORY SEARCH! PERFORMED AS AI RESULT OF 0 TOWING- ALASKA NATIVEAMERICANI INDIAN INVENTORY SEARCHI PERFORMED AS AJ RESULTOF 0 TOWING- ASIAN OR PACIFIC ISLANDER INVENTORY SEARCH PERFORMED. AS AI RESULTOF 0 TOWING-BLACK INVENTORY SEARCH PERFORMED. AS Al RESULTOF 0 IOWING-HISPANIC ORI LATINO INVENTORY SEARCH PERFORMED, AS AJ RESULTOF 0 TOWING-1 UNKNOWN INVENTORY: SEARCH! PERFORMED AS Al RESULT OF 0 TOWING- WHITE PROBABLE CAUSE OR REASONABLE SUSPICION PROBABLE CAUSE ORI REASONABLE: SUSPICION- ALASKA NATIVE/AMERICAN. INDIAN PROBABLE CAUSE ORI REASONABLE: SUSPICION- ASIAN ORI PACIFIC ISLANDER PROBABLE CAUSE OR REASONABLE SUSPICION- BLACK PROBABLE CAUSE ORI REASONABLE: SUSPICION- HISPANIC OR LATINO PROBABLE CAUSE ORJ EASONABLESUSPICION- UNKNOWN  TOWING  0 0 0 0 0 0    PROBABLE CAUSE ORI EASONABLESUSPCION-  0  WHITE Category Was contraband discovered? Statistic CONTRABANDI DISCOVERED CONTRABAND: DISCOVERED-, ALASKA NATIVEAMERICANI INDIAN CONTRABANDI DISCOVERED. ALASKA NATIVE/AMERICANI INDIAN- ARRESTED CONTRABAND: DISCOVERED- ALASKA NATIVEAMERICANT INDIAN-N NOT ARRESTED CONTRABANDI DISCOVERED- ASIAN ORI PACIFIC ISLANDER CONTRABAND DISCOVERED. ASIAN OR PACIFIC ISLANDER- ARRESTED CONTRABAND: DISCOVERED- ASIAN ORI PACIFIC ISLANDER- -NOT ARRESTED CONTRABAND: DISCOVERED- BLACK CONTRABAND: DISCOVERED- BLACK ARRESTED CONTRABAND! DISCOVERED- - BLACK NOT ARRESTED 0 CONTRABANDI DISCOVERED. -I HISPANIC ORI LATINO 0 CONTRABANDI DISCOVERED -HISPANIC OR: LATINO- 0 CONTRABAND: DISCOVERED- HISPANIC ORI LATINO- 0 CONTRABANDI DISCOVERED. UNKNOWN CONTRABANDI DISCOVERED- - UNKNOWN- ARRESTED 0 CONTRABAND: SCWVPRID-UNCOWI-OT CONTRABAND DISCOVERED- WHITE CONTRABAND! DISCOVERED. WHITE- ARRESTED CONTRABAND! DISCOVERED- WHITE-NOT ARRESTED 0 CONTRABANDI NOT DISCOVERED CONTRABAND: NOT DISCOVERED- -ALASKA NATIVEAMERICAN. INDIAN CONTRABANDI NOT DISCOVERED- ASIAN ORI PACIFIC 0 ISLANDER CONTRABANDI NOTI DISCOVERED-I BLACK CONTRABAND: NOTI DISCOVERED. HISPANICO OR LATINO CONTRABAND NOTI DISCOVERED- UNKNOWN CONTRABANDI NOTI DISCOVERED WHITE Category J.Description of Contraband Statistic ALCOHOL  Count 0 0 0 0 0 0 0 0 0  ARRESTED NOT ARRESTED  0 0 0 0 1 0 0 1 0 0  ARRESTED  Count 0 0 0 0 0 0 0 0  ALCOHOL- ALASKA NATIVE/AMERICAN: INDIAN ALCOHOL- ASIAN OR PACIFIC! ISLANDER ALCOHOL- - BLACK ALCOHOL- -I HISPANIC ORI LATINO ALCOHOL-UNKNOWN ALCOHOL- WHITE CURRENCY    CURRENCY. ASIAN ORI PACIFIC! ISLANDER CURRENCY- BLACK CURRENCY. - HISPANIC OR LATINO CURRENCY. -U UNKNOWN CURRENCY- WHITE DRUGS  0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0  DRUGS-ALASKA NATIVEAMERICAN, INDIAN DRUGS- ASIAN ORI PACIFIC ISLANDER DRUGS -1 BLACK. DRUGS-H HISPANIC OR LATINO DRUGS- UNKNOWN DRUGS WHITE OTHER OTHER- ALASKA NATIVE/AMERICAN INDIAN OTHER -4 ASIAN OR PACIFIC ISLANDER OTHER BLACK OTHER- HISPANIC OR LATINO OTHER- UNKNOWN OTHER WHITE STOLEN PROPERTY INDIAN  STOLENI PROPERIY-ALASKANATIVEAMERICAN STOLEN PROPERTY- ASIAN OR PACIFIC! ISLANDER STOLENI PROPERTY- BLACK STOLEN! PROPERTY- HISPANIC ORI LATINO STOLENI PROPERTY- -UNKNOWN STOLEN! PROPERTY-WHITE WEAPONS  WEAPONS- ALASKA NATIVE/AMERICAN. INDIAN WEAPONS- -ASIAN OR PACIFICI ISLANDER WEAPONS- -I BLACK WEAPONS- - HISPANIC ORI LATINO WEAPONS-UNKNOWN WEAPONS-WHTE Category K. Result oft the Stop Statistic ARREST  Count 0 0 0 1 0 0 172 7 19 42 0 103 In  ARREST- ALASKA NATIVE/AMERICAN INDIAN ARREST ASIAN ORI PACIFICI ISLANDER ARREST- BLACK ARREST- HISPANIC OR LATINO ARREST - UNKNOWN ARREST- - WHITE CITATION  CITATION- ALASKA NATIVE/AMERICAN INDIAN CITATION- ASIAN ORI PACIFIC! ISLANDER CITATION. -] BLACK CITATION. - HISPANIC OR LATINO CITATION- UNKNOWN CITATION- WHITE CITATION. AND ARREST    CITATION. AND ARREST- ALASKA NATIVEAMERICAN 0 CITATION. AND ARREST- ASIAN ORI PACIFIC ISLANDER 0 CITATION. AND. ARREST- BLACK CITATION. ANDA ARREST- HISPANIC ORI LATINO CITATION. AND ARREST- UNKNOWN CITATION. AND. ARREST- WHITE INVESTIGATORY STOP INDIAN  INDIAN  0 0 0 0 0 0 0 0 0 15 0 0 2 3 0 10 71 0 1 10 4 0 56 0 0 0 0 0 0  INVESTIGATORY STOP- ALASKA NATIVEAMERICAN 0 INVESTIGATORY STOP- ASIAN ORI PACIFIC ISLANDER 0 INVESTIGATORY STOP- - BLACK INVESTIGATORY STOP- - HISPANIC OR LATINO INVESTIGATORY STOP- UNKNOWN INVESTIGATORY STOP- WHITE VERBAL WARNING INDIAN  VERBAL' WARNING- ALASKA NATIVE/AMERICAN VERBAL WARNING- ASIAN OR PACIFIC ISLANDER VERBAL WARNING-BLACK VERBAL WARNING- - HISPANICI OR LATINO VERBAL WARNING-UNKNOWN VERBAL WARNING-WHITE WRITTEN WARNING INDIAN  WRITTEN WARNING-, ALASKA! NATIVE/AMERICAN WRITTEN WARNING- ASIAN OR PACIFIC ISLANDER WRITTEN WARNING-BLACK WRITTEN WARNING-HISPANIC ORI LATINO WRITTEN WARNING-UNKNOWN WRITTEN WARNING-WHITE WRITTEN WARNING AND ARREST WRITTEN WARNING AND ARREST- ALASKA NATIVE/AMERICAN. INDIAN WRITTEN WARNING AND ARREST- ASIAN OR PAÇIFIC 0 ISLANDER WRITTEN WARNING. AND ARREST- BLACK WRITTEN WARNING AND ARREST- HISPANICOR LATINO WRITTEN WARNING. AND ARREST- UNKNOWN WRITTEN WARNING. AND. ARREST- WHITE Category L.A Arrest Based On Statistic  Count 0 0 0 0 0 0 0  CITY ORDINANCE VIOLATION CITY ORDINANCE MOLATION-ALASKA NATIVEAMERICAN INDIAN CITY ORDINANCE VIOLATION. ASIAN ORI PACIFIC ISLANDER CITY ORDINANCE VIOLATION- BLACK CITY ORDINANCE VIOLATION-HISPANIC: ORI LATINO 0 CITY ORDINANCE VIOLATION- UNKNOWN CITY ORDINANCE VIOLATION- WHITE OUTSTANDING WARRANT    OUTSTANDING WARRANT- ALASKA NATIVEAMERICANI INDIAN OUTSTANDING WARRANT- ASIAN OR PACIFIC ISLANDER OUTSTANDING WARRANT- BLACK OUTSTANDING WARRANT- HISPANIC OR LATINO OUTSTANDING WARRANT-UNKNOWN OUTSTANDING WARRANT- WHITE PENAL CODE VIOLATION PENAL CODE VIOLATION- ALASKA NATIVEAMERICANI INDIAN PENALCODE VIOLATION- ASIAN OR PACIFIC ISLANDER PENAL CODE VIOLATION-BLACK PENAL CODE VIOLATION- -HISPANICORI LATINO PENAL CODE VOLATON-UNKNOWN PENAL CODE VIOLATION-HITE TRAFFICI LAW VIOLATION TRAFFIC: LAW VIOLATION- ALASKA NATIVEAMERICAN. INDIAN TRAFFICLAW VIOLATION- ASIAN OR PACIFIC ISLANDER TRAFFICLAW VIOLATION. -BLACK TRAFFICLAW VIOLATION-HISPANIC OR LATINO TRAFFICI LAW VIOLATION- UNKNOWN TRAFFICI LAW VIOLATION- WHITE Category Physical Force resulting in bodily injury Statistic FORCEI NOT USED INDIAN  0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 0 0  Count 259 8 31 50 0 169 0 0 0 0 0 0  FORCEI NOT USED- ALASKA NATIVEAMERICAN FORCE NOT USED- ASIAN ORI PACIFIC ISLANDER FORCEI NOT USED. BLACK FORCEI NOT USED- HISPANIC ORI LATINO FORCEI NOTI USED. -U UNKNOWN FORCEI NOT USED- WHITE FORCE USED  FORCE USED 4 ALASKA NATIVEAMERICAN INDIAN 0 FORCE USED- - ASIAN ORI PACIFIC ISLANDER FORCEI USED -] BLACK FORCE USED- - HISPANIC OR LATINO FORCE USED-U UNKNOWN FORCE USED- - WHITE        608  20 0  8 0 8 5  0  1 0 5  0  - d0 00 00    o o  00 00 0 0            0  d0  0 0 00 O  -        &    8    8  6    00    3    6  0  88 00 0 0 o 0 0 O    d0 00  D0 0 o    -  0 00        8  5  88 o o  00 0  0 o  5  00 0    C    CITY COUNCIL MEETING September19,2024 6:00PM  GUNERI  EST.1901  AGENDA ITEM #3 Police Chief] Report  Introduction of new Patrol Officer Elder Quinones 2025-2029 Gunter PD Strategic Plan presentation  AGENDA ITEM SUMMARYIBACKGROUND:  PRESENTED BY: Danny Jones, Police Chief RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    TY TOH GUNERI EST.1901  CITY COUNCIL MEETING September19,2024 6:00 PM  AGENDA ITEM #4 Mayor's Report  RFP for Texas Community Development Block Grant Fund Program  TCEQ SEP Program update FY2023-2024 Audit update 1145 Stonebridge - Burned house  AGENDA ITEM INMARYBACKGROUND  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: FINANCIALIMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY COUNCIL MEETING September 19, 2024 6:00P PM  GUNGERI  EST.1901  AGENDA ITEM #5 PUBLIC) HEARING  Public Comments: To hear public comments regarding proposed FY2024-2025 Tax  Rate.  AGENDA ITEM INMARYBACKGROUND  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    NOTICE OF PUBLIC HEARING  ON TAX INCREASE  A tax rate of $0.564373 per $100 valuation has been proposed by the governing body of CITY OF  GUNTER.  PROPOSED TAX RATE NO-NEW-REVENUE TAX: RATE VOTER-APPROVAL TAX. RATE  $0.564373 per $100 $0.493101 per $100 $0.564373 per $100  The no-new-revenue tax rate is the tax rate for the 2024 tax year that will raise the same amount tax revenue for CITY OF GUNTER from the same properties in both the 2023 tax year and the 2024 of property tax  year.  The voter-approval rate is the highest tax rate that CITY OF GUNTER may  without adopt  election to seek voter approval of the rate.  holding an  The proposed tax rate is greater than the no-new-revenue tax rate. This means that CITY OF GUNTER is A PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE HELD ON September 2024A AT The proposed tax rate is not greater than the voter-approval tax rate. As a result, CITY OF GUNTER is not required tol hold an election at which voters may accept or reject the proposed tax rate. However, you express your support for or opposition to the proposed tax rate by contacting the members of the Council of CITY OF GUNTER at their offices or by attending the public hearing mentioned above. City YOUR TAXES OWED UNDER. ANY OF THE RATES MENTIONED ABOVE CAN BE CALCULATED  proposing toi increase property taxes for the 2024 tax year.  6:00 PM. AT Gunter Public Safety Building, 105 N. 4th St., Gunter, Texas 75058.  19,  may  AS FOLLOWS:  Property tax amount= (tax rate) X (taxable value of your property)/100  FOR the proposal:  Cyndy Davis David Self  Alan Richins Wade Burtsfield  William Stevens, Mayor Pro Tem  AGAINST the proposal:  PRESENT and not voting:Karen Souther, Mayor  ABSENT:  Visit TexasgowProperyTaxes to find a link to your local property tax database on which you can access information regarding your property taxes, including information about proposed tax rates and easily The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit The following table compares the taxes imposed on the average residence homestead by CITY OF GUNTER last year to the taxes proposed to be imposed on the average residence homestead by CITY OF GUNTER  scheduled public hearings of each entity that taxes your property.  the rate of growth of property taxes in the state.  this year.    2023  2024  Change increase of 0.090121 $100, or 19.00% increase of 13.29% increase of 706.95, or 34.82% increase of 308,356, or 32.57%  Total tax rate (per $0.474252 Average homestead $428,083  $0.564373 $484,987 $2,737.14 $1,255,108  $100 of value) taxable value Tax on average homestead properties  per  $2,030.19  Total tax levy on all $946,752  For assistance with tax calculations, please contact the tax assessor for CITY OF GUNTER at 903.813.4223  or miler@cograysontzus, or visit.wwwgunterugov for more information.    CITY COUNCIL MEETING September19,2024 6:00F PM  GUNERI  EST.1901  AGENDA ITEM #6 the City of Gunter. (Roll Call)  Discuss, consider, and act upon an Ordinance for Adoption of the FY2024-2025 Tax Rate for  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED] BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See. Attachments    CITY OF GUNTER, TEXAS  ORDINANCE NO.  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX YEAR ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF GUNTER AS OF JANUARY 1, 2024; TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING AN INTEREST AND SINKING FUND FOR ALL OUISTANDAING DEBT OF THE CITY OF GUNTER; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; APPROVING THE 2024 TAX ROLL CERTIFIED BY THE CHIEF APPRAISER OF THE GRAYSON CENTRAL APPRAISAL DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  2024 (FISCAL YEAR 2024-2025) AT A RATE OF $0.  PER $100  WHEREAS, assessments and renditions of all taxable property in the City of Gunter have been  made for the year 2024 by the Grayson Central Appraisal District; and WHEREAS, the City Council has approved Ordinance No.  adopting the City's annual  budget for fiscal year 2024-2025; and  WHEREAS, the City Council of the City of Gunter, Texas, has determined that a total tax rate for the operations and maintenance obligations of the City and to fund required debt payments; WHEREAS, the City Council of the City of Gunter, Texas, upon full consideration of the matter, is of the opinion the tax rate hereinafter set forth is proper and should be approved and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE SECTION 1. There should be and is hereby levied for the year 2024 on all taxable property, real, personal and mixed, situated within the corporate limits of the City of Gunter, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of $0. each One Hundred Dollars ($100) assessed value of taxable property, which tax shall be  of$0. and  per $100 assessed valuation should be adopted in order to provide funds necessary  adopted.  CITY OF GUNTER, TEXAS:  on  apportioned and distributed as follows:  (a) For the purpose of defraying the current operational and maintenance expenses of dollars ($100.00) assessed value of all taxable property within the City of Gunter.  the municipal government of the City, a tax of $0.  on each one hundred  City of Gunter Ordinance No. (cgm:7/31/24)  Page 1 of4    (b) For the purpose of creating a sinking fund to pay the interest and principal maturities of all outstanding debt of the City of Gunter, not otherwise provided taxable property within the City of Gunter and shall be applied to the payment of interest and maturities ofall such outstanding debt, including paying agent fees. SECTION 2. The rate adopted is (lower or greater) than the no-new-revenue rate and lower than the voter-approval rate as calculated according to the Truth In Taxation provisions of the Texas Tax Code, as amended, and the total levy for maintenance and operations (is equal to  for, a tax of $0.  on each one hundred dollars ($100.00) of assessed value of  or exceeds) last year's levy for same.  THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON  THE TAX RATE WILL EFFECTIVELY BE RAISED BY A$ $100,000 HOME BY APPROXIMATELYS  PERCENT  SECTION 3. All ad valorem taxes shall become due and payable on October 1, 2024, and all ad valorem taxes for the year shall become delinquent if not paid prior to February 1, 2025. There shall be no discount for payment of taxes prior to February 1, 2025. A delinquent  tax shall incur all penalty and interest authorized by law, to wit:  (a) Aj penalty of six percent on the amount of the tax for the first calendar month iti is delinquent, plus one percent for each additional month or portion of a month the tax remains unpaid prior to. July 1 oft the year in which it becomes delinquent. (b) Provided, however, a tax delinquent on July 1, 2025, incurs a total penalty of twelve percent of the amount of delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at the rate of one percent for each month or portion of a month the tax remains unpaid. Taxes for the year 2024 and taxes for all future years that become delinquent on or after February 1 but not later than May 1, that remain delinquent on. July 1 oft the year in which they become delinquent, incur an additional penalty ini the amount oft twenty percent (20%) oft taxes, penalty and interest due, pursuant to Texas Property Tax Code Section 6.30 and 33.07, as amended. Taxes assessed against tangible personal property for the year 2024 and for all future years that become delinquent on or after February 1 ofas year incur an additional penalty on the later of the date the personal property taxes become subject to the delinquent tax attorney's contract, or 60 days after the date the taxes become delinquent, such penalty to be in the amount of twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code Section 33.11. Taxes for the year 2024 and taxes for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in the amount of twenty percent  City ofGunter Ordinance No. (cgm:7/31/24)  Page 2of4    (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code  Section 6.30 and Section 33.08, as amended.  SECTION 4. The taxes are payable at the Grason County Tax Office.  SECTION 5. The City shall have available all the rights and remedies provided law SECTION 6. The assessments and renditions for the year 2024 on all taxable and the Tax Roll certified by the Chief Appraiser of the Grayson Central Appraisal District property as presented to the City Council, with any supplements thereto, are hereby approved.  for the enforcement of the collection oft taxes levied under this Ordinance.  by  SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity oft the remaining portions ofs said ordinance which shall remain in full forceand  effect.  SECTION 8. All ordinances ofthe City of Gunter, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict with the provisions oft this ordinance shall remain in UPON CALLING FOR A VOTE FOR APPROVAL OF THIS ORDINANCE THE  full force and effect.  MEMBERS OF THE CITY COUNCIL VOTED AS FOLLOWS:  Aye  Nay  Cyndy Davis, Councilmember- - Place 1 Alan Richins, Counelmember-Plee 2 David Self, Councilmember - Place 3 Wade Burtsfield, Councilmember - Place 4 William Stevens, Councilmember- - Place5 5  WITH  VOTING "AYE" AND  VOTING "NAY," THIS ORDINANCE NO.  WAS PASSED AND APPROVED BY THE CITY COUNCIL FO THE CITY OF SECTION 9. Effective Date. This Ordinance shall be and become effective immediately upon and after its passage and publication as may be required by governing law.  GUNTER, TEXAS ON SEPTEMBER1 19, 2024.  ITIS ACCORDINGLY SO ORDAINED.  City of Gunter Ordinance No. (cgm:7/31/24)  Page 3 of4    DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  GUNTER, TEXAS, THE  DAY OF  2024.  CITY OF GUNTER, TEXAS  Karen Souther, Mayor ATTEST:  Detra Gaines, City Secretary  City of Gunter Ordinance No. (cgm:7/31/24)  Page 4 of4    NOTICE OF PUBLIC HEARING  ON TAX INCREASE  A tax rate of $0.564373 per $100 valuation has been proposed by the governing body of CITY OF  GUNTER.  PROPOSED TAX RATE NO-NEW-REVENUE TAX RATE VOTER-APPROVAL TAX: RATE  $0.564373 per $100 $0.493101 per $100 $0.564373 per $100  The no-new-revenue tax rate is the tax rate for the 2024 tax year that will raise the same amount of  revenue tax year.  property  for CITY OF GUNTER from the same properties in both the 2023 tax year and the 2024 tax  The voter-approval rate is the highest tax rate that CITY OF GUNTER may adopt without holding an The proposed tax rate is greater than the no-new-revenue tax rate. This means that CITY OF GUNTER is AJ PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE: HELD ON September 19, 2024AT The proposed tax rate is not greater than the voter-approval tax rate. As ai result, CITY OF GUNTER is not required to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the City Council of CITY OF GUNTER at their offices or by attending the public hearing mentioned above. YOUR TAXES OWED UNDER ANY OF THE RATES MENTIONED ABOVE CAN BE CALCULATED  election to seek voter approval of the rate.  proposing to increase property taxes for the 2024 tax year.  6:00 PM. AT Gunter Public Safety Building, 105 N. 4th St., Gunter, Texas 75058.  AS FOLLOWS:  Property tax amount= (tax rate): x (taxable value of your property)/100  FOR the proposal:  Cyndy Davis David Self  Alan Richins Wade Burtsfield  William Stevens, Mayor Pro Tem  AGAINST the proposal:  PRESENT and not voting:Karen Souther, Mayor  ABSENT:  Visit' lexasgovPropetylaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit The following table compares the taxes imposed on the average residence homestead by CITY OF GUNTER last year to the taxes proposed to be imposed on the average residence homestead by CITY OF GUNTER  scheduled public hearings of each entity that taxes your property.  the rate of growth of property taxes ini the state.  this year.    2023  20Z4  Change increase of 0.090121 per $100, or 19.00% increase of 13.29% increase of 706.95, or 34.82% increase of 308,356, or 32.57%  Total tax rate (per $0.474252 Average homestead $428,083  $0.564373 $484,987 $2,737.14 $1,255,108  $100 of value) taxable value Tax on average homestead properties  $2,030.19  Total tax levy on all $946,752  For assistance with tax calculations, please contact the tax assessor for CITY OF GUNTER at 903.813.4223  or miler@cograysontzus, orvsit.wwwgumerggoy for more information.    CITY COUNCIL MEETING September 19,2024 6:001 PM  GUNERI  EST.1901  AGENDA ITEM #7  Discuss, consider, and possibly take action to. Ratify the Property Tax Revenue increase reflected  ini the budget with the adoption of the proposed Tax Rate. AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY COUNCIL MEETING September 19, 2024 6:001 PM  GUNERI  EST.1901  AGENDA ITEM #8  Discuss, consider, and act upon a Resolution Authorizing and Ratifying the agreement with the State ofTexas Comptroller of Public Accounts regarding the: repayment of overpaid Local  Taxas.  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  RESOLUTIONNO.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, AUTHORIZING AND RATIFYING THE AGREEMENT WITH THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS REGARDING THE REPAYMENT OF OVERPAID LOCAL TAXES; AND PROVIDING  FOR AN EFFECTIVE DATE.  WHEREAS, received notice from the Texas Comptroller of Public Accounts ("Comptroller") that the City was overpaid $1,691,006.68 in local taxes due to taxpayer  reporting errors; and  WHEREAS, the Comptroller offered a repayment plan that provided for an eight (8) year payback with a monthly deduction in the amount of $17,614.00 for 95 months and a final  payment of$ $17,676.68, beginning in October 2023 (the "Agreement"); and  WHEREAS, the City Council discussed the terms of the Agreement at its properly WHEREAS, the minutes oft the City Council meeting reflect that no action was taken as ar result oft the discussion, however, the Acting City Manager, Jeff Gibson signed the Agreement  noticed and called meeting on June 15, 2023; and  on July 26, 2023; and  WHEREAS, the City Council of the City of Gunter, Texas finds it to be in the public NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE SECTION1. The findings recited above are incorporated as iff fully set: forth in the body SECTION 2. The execution of the Agreement, attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, by the Acting City Manager are hereby approved and authorized as ifo originally approved by the City Council prior to such actions being  interest to approve, ratify, and authorize the actions oft the Acting City Manager;  CITY OF GUNTER, TEXAS: ofthis Resolution.  taken.  SECTION3 3. That this Resolution shall take effect immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Gunter,  Texas, on the AYES City ofGunter Resolution: No. (mP1I2N.S0I3Hv.D  day of September, 2024.  Pagel    NAYS ABSTENTIONS  CITY OF GUNTER, TEXAS  Karen Souther, Mayor ATTEST:  Detra Gaines, City Secretary  City of Gunter Resolution No. mP1I2NASIEB.D  Page2    EXHIBITA"  GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS  P.O.Box 13528 Austin,TX 78711-3528  July.25,2023 Ms. Loriol Lankford Financel Director City of Gunter POI Box 349 Gunte,TX75058-0349  As stated ini myl letter ofJ June 12, 2023, the City ofGunter was overpaid $1,691,006.68 inl Iocal taxes duet to ataxpayer reporting error and and offer of351 months was given tot the city for repayment, Your requested al 180-month (15) year) payback arrangement iny whicht to1 repay the amount overpaid. Unfortunately, we cannot approve this payback arrangement, We can offer you nor more than eighty years  (96r months) to repayt the overpaid local taxes. The option to repay the erroneous: amounti is asf follows:  Enteri into a! 96- month payback agreement where ai monthly deduction of$17,614.00 will be deducted for 951 months witha a: final deduction of$17,676.68. The deduction: iss scheduled tos starti in October 2023: as requested. Additionally, future significant audit payments may be appliedt toward the1 repayment: amount tor reducet the length oft thej payback and notifications oft those appliçations Noi fees of anyt type willl bes assessed ont thej payback amount, Please mark an, Xi int the applicable box above, have a city official sign att the bottom, and return this letter by emailt tos shirley.kaatz@cpa. lexas.gov orb by mail tot thes address given below. Ifyoul haye any questions orI need additional information, you) may call me toll freea at (800): 531-5441, ext. 50550. Myr mailing address is POI Box. 13528, Austin, TX, 78711 ori my emaili is  willl bes sents as they occur.  lityhatpaicasg, SAKRLCYKAA Sincerely, Shirley] Kaatz Revenue. Accounting Division Tax Allocation: Section  Date oy Mo03 City Officiall Name EF. hIRsoN Title F MMAKEO Signature - MA  EXHIBITA    O EST.1901  CITY COUNCIL MEETING eptember19,2024 6:00PM  GUNERI  AGENDA ITEM #9  Discuss, consider, and act upon Amending Plat to create lots 2A and 2B, East College Addition ini the Houston Tap & Brazoria Railroad Company Survey, Abstract No. 606, generally known as  297 and 299 East College Street.  AGENDA ITEM UNMARYBACKGROUND  PRESENTED BY: Karen Souther, Mayor  Eric Wilhite, Director ofl Planning & Development  KECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See. Attachments    STAFF REPORT TO THE CITY COUNCIL DEPARTMENT OF PLANNING AND DEVELOPMENT Case Type- Amending Plat  TyO GUNGERI EST.1901  Hearing Date: September 19, 2024  Project Description/Location: Amending Plat of East College Addition, Lots 1A and 2A totaling  1.877acres, located on E. College Street.  KERFOOTDR ECOLLEGEST SITEa  OLDTIOGARD HWY A LITTEEIMCREEKRD  Location Map  Staff Analysis:  The applicant Sunflower Williams & Candelaria Esparza purpose in requesting to Amend this Plat is to adjust  the common lines between existing  lots 1&2.  The amended plat request includes a hardship exception request from variance request from Chapter 10 Subdivision Regulations. Two exceptions being requested are 1. Minimum lot width for SF-1 zoning, 2. Allow ai flag lot. The applicants surveyor has submitted a petition letter. This letter is attached to this staff report.  Staff Recommendation:  Because oft the odd configuration of the two existing lots and the subject properties being currently occupied with residential dwelling units, staff recommends allowing the variance as it essentially cleans up the lot    configurations and is somewhat of an unusually circumstance unique to the  subject property.  Planning & Zoning Commission recommends APPROVAL of the  AMENDING PLAT for East College Addition. Move to APPROVE Amending Plat as presented.  Suggested Motion:    PrestonTrail LAND SURVEYING Wednesday, August21,2024 City ofGunter POE Box: 349 105N4+S Street Gunter, TX7 75058 903-433-5185 RE:  ale. 903-186-6029 MBLS 903-271-5371 chrisGuts-liccen  787WA996. Pulistvro. 1X15076  Petition for Hardship Exception for Proposed Amending Plato ofE East College Addition, Lots.1 Minimum Loty width of25-fir instead oft the required 70-tinas SF1 Zoning District Property owners at2 297 East College Street (Candelarial Esparza Garcia, Lot2 2)a and 299 East College Street (Sunflower Williams. Lot 1)w wish to adjustt the common loti linest between theire respeclive lots. No The existing common lot lines were created by plat recordedi in: 2021. The purpose oft the: 2021 pial was toc divide thep propertyi intot two! lots tos sellt two existingr residences that! hadp previously been rental property. Sinced one existingr residences was inf front oft thep property, and the other existingr residence was att ther rear oft the properly, a traditionall lot! layouty was notp practical. Existing plati is attached. as Exhibt A Exisling Lot 2isaf flag! lot, with ther narrowest portions ofLot2 2 being only 15- wide. A7 70-Rx 120-R portionofL Lot2is adjacent to1 thes street, farr removedi from ther residence located att the rear ofle lota andi is wasted space. Access to College Streeti is by ane existing concrete drive thato crosses Lot1. Thep proposed adjustment tot the common lotl lines would make the property more usable forb both parties. Proposed Lot 1AN would bea a more uniform rectangular shapei instead ofL-shaped. Lot 1AN would gaint the portion ofLot2 2thati isolated att the road, andi int turn some oft ther rear portion ofl Lot 1 would bes added to Lot 2A. Lolz 2Ax would have a: 25-fl wide flag alll the way lo College Strect instcad of the curront 15-1 wiie  and 2:297 and 299 East College Street;  Hardship! Exception requestedi for: Toa allow af flagl lot other propertyi isi impacted.  Proposed platis attached as ExhibitB.  flagpole, and be ablet toc constructt theic own driveway.  Sincerely., Chris-Noah d RPLS6 6585 Preston Trail Land! Surveying 7871 WF FM 995 Pottsboro, TX, 75076 Ofc: 903-786-6029 Mb!: 903-271-5377 TBPELS Firm No. 10194175  08-21-2024 Date    ATTACHMENT A AMENDED PLAT    111 - 11 1  :    ATTACHMENT B AERIAL PHOTO ECollege St  ECollegeSt    O EST.1901  CITY COUNCIL MEETING September: 19, 2024 6:001 PM  GUNERI  AGENDAI ITEM# #10  Discuss, consider, and act upon a Development Agreement for aj proposed 208 single-family lot subdivision. The 66 acre tract of property is currently in the Gunter ETJ and located generally at  the North-East of Main Street and gth Street. (Gunter 66) AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor  Eric Wilhite, Director of Planning & Development  RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    E YO GUNGERI EST.1901  STAFF REPORT TO THE CITY COUNCIL DEPARTMENT OF PLANNING AND DEVELOPMENT Case Type- Potential Developer Agreement  Hearing Date: September 19, 2024  Project Description/Location: Developer Agreement, Annexation, Zoning.  Location Map  Staff Analysis:  Fraser Capitol, LLC is requesting a developer agreement on 66.5 acres of property that is currently within the  City of Gunter ETJ and a portion along the Main Street frontage within the City limits. The development is proposing 208 single-family residents, and 3.9 acres commercial, with ini the floodplain and 0.8 acres reserved as a finger park open space.  acres  approximately 8  The development will petition for annexation and zoning immediately following if the developer agreement is approved. The Planned Development zoning proposed will be based on SF-2 Single-Family, and C-1 Office, The primary deviations from base zoning development standards are setbacks. SF-2 requires:  Light Retail, and Neighborhood Services.  Minimum lot width: 60' Front yard setback:25' Side yard setback: 10'  Requesting 20' Requesting 5'  Street side yard setback:25' Requesting 15'  208 Single-Family: 184- 60' and 24-70' wide. Typical lot details are shown below.  The proposed development will have a primary entry from Main Street/FM 121 and secondary access from connecting to the existing Oak Street to the east. Int the future a significant portion of the traffic that currently uses FM 121 will be transferred toi the proposed 121 outer as indicated on the exhibit below from the master  thoroughfare plan.    LOT DETAIL 700 S'SETBACK 60.0 SSETBACK  IGHT-OFWAY  6OFTLOTDETALL NTS BOC 60.0  SITE unte  OFTUTLTYEASENENT  Proposed 1210 Outer Loop  70FTLOTDETALL N.T.S  Along with the development al PID is being requested to help with cost ofi infrastructure expenses of off-site  water line and sanitary sewer line services.    ATTACHMENT A CONCEPT DEVELOPMENT PLAN  LOTTOTALS ors ACREAGE LEGEND LOTDETAIL  AFTLOTDETAL  ZOFTIOTOETAL NOTES    ATTACHMENT B DEVELOPER AGREEMENT    WATERVIEW ESTATES DEVELOPMENT AGREEMENT  BETWEEN FRASER CAPITAL, L.L.C.  AND  THE CITY OF GUNTER, TEXAS  2024    WATERVIEW ESTATES DEVELOPMENT AGREEMENT  This Waterview Estates Development Agreement (this Agreement"): is executed between FRASER CAPITAL,LL.C,: al Texas limited liability company, (the Developer") and the CITY  OF GUNTER, TEXAS (the "City") to be effective on the  day of  2024  (the Effective Date").  RECITALS  WHEREAS, certain capitalized terms used herein are defined in Article I; and WHEREAS, the City is a Type A general law municipality of the state ofTexas located WHEREAS, the Developer and the City (which are sometimes individually referred to as WHEREAS, Paula Jane Autry House, Lou Ann Autry Jackson, and John E. Autry (collectively, the "Owner") owns, and the Developer is under contract to purchase for development, approximately 66 acres of1 land located within the extraterritorial jurisdiction of the City and within Grayson County, Texas and is described by metes and bounds on Exhibit A and  within Grayson County (the "County"); and  a' "Party" and collectively as the Parties") desire to enter into this Agreement; and  depicted in Exhibit A-1, (the Property"); and  WHEREAS, the Developer intends to develop the Property as ai mixed use development WHEREAS, the Parties intend for this Agreement to establish certain restrictions and to WHEREAS, the Parties intend for the Property to be developed in a manner consistent with the City's zoning requirements, building material requirements and building code requirements, except as otherwise provided herein, including in the Development Standards  as described in this Agreement (the "Development"); and  impose certain commitments in connection with the development oft the Property; and  attached hereto as Exhibit C(the Development Standards"); and  WHEREAS, the Parties intend that the Property will be developed in accordance with the concept plan attached hereto as Exhibit B (the "Concept Plan") and the Development Standards;  and  WHEREAS, the Developer intends to construct and/or make financial contributions to WHEREAS, Mustang Special Utility District ("Mustang") holds the certificates of convenience and necessity (the "CCNS") to provide retail water and wastewater service to the Property, and the Parties intend for Mustang to provide retail water and wastewater service to the  certain onsite and/or offsite public improvements to serve the Development; and  Property; and  WHEREAS, subject to any cost participation undertaken by the Mustang for oversizing water or wastewater facilities inside thel Property tos serve surrounding properties, thel Development  DEVELOPMENT AGREEMENT-Page 1    will require Developer to build certain onsite infrastructure, including streets and roads; drainage; water, sanitary sewer, and other utility systems; and dedicate land for all of the onsite public  improvements (collectively, "Onsite Public Improvements"); and  WHEREAS, the City has determined that full development of the Property as provided herein will promote local economic development within the City and will stimulate business and commercial activity within the City, which will drive infrastructure investment andj job creation, and have a multiplier effect that increases both the City's tax base and utility revenues; and  WHEREAS, the Parties have determined that the Development will increase the amount WHEREAS, the City and the Developer agree that the Development can best continue WHEREAS, the Parties havet the authority to enterintot this Agreement pursuant to Section WHEREAS, the Parties: intend that Developer shall execute and return aj petition satisfying all legal requisites for annexation oft the Property under Texas Local Government Code, Chapter  ofq quality housing within the City; and  pursuant to a development agreement such as this Agreement; and  212.171 et seq oft the Texas Local Government Code and other applicable law; and  43, as forth in Article VI below.  NOW, THEREFORE, for and in consideration ofthe mutual covenants oft the Parties set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy  ofwhich are acknowledged, the Parties agree as follows:  ARTICLEI  GENERAL TERMS AND DEFINITIONS  1.1 Definitions. Unless the context requires otherwise, the following terms shall have  the meanings hereinafter set forth:  Agreement is defined in the introductory paragraph. CCNS is defined in the Recitals. City is defined in the introductory paragraph. City Assignee is defined in Section 8.2. City Council means the city council oft the City.  City Regulation(s) means any ordinance, rule, regulation, standard, policy, order, guideline, master plans, or other City-adopted or City-enforced requirement, as amended and adopted by the City for uniform application throughout the corporate limits, and as are applicable  to the Development.  Claims is defined in Section 4.2(a).  DEVELOPMENT. AGREEMENT- Page2    Concept Plan is defined in the Recitals and is attached as Exhibit B, as amended in  accordance with this Agreement.  Developer is defined ini the introductory paragraph. Developer Assignee is defined in Section 8.1(a). Development is defined in the Recitals.  Development Standards is defined ini the Recitals and are attached as ExhibitC.  Effective Date is the date in the introductory paragraph.  End-Buyer is defined in Section 9.1.  HOA means the homeowner's association to be created by Developer to have covenants,  conditions and restrictions on all residential development in the Development.  Indemnified Party is defined in Section 4.2(a). Mustang is defined in the Recitals. Notice is defined in Section 10.2.  Onsite Public Improvements is defined ini the Recitals. Parties means the Developer and the City. Party means the Developer or the City. Property is defined in the Recitals.  Public Infrastructure means water, wastewater, drainage, roadway, and other infrastructure necessary to serve the full development oft the Property, including the Onsite public Public Roadway Improvements is defined in Section 2.1() and depicted in Exhibit D. Water Improvements is defined in Section 2.1(d) and depicted on Exhibit] E. Wastewater Improvements is defined in Section 2.1(e) and depicted on Exhibit E  Improvements.  ARTICLEII PUBLICI INFRASTRUCTURE  2.1 Public Infrastructure.  (a) Standards. Except as otherwise expressly provided for in this Agreement,  all Public Infrastructure shall be designed, constructed and installed by the Developer in  DEVELOPMENT AGREEMENT -F Page3    compliance with the City Regulations. Construction and/or installation of Public Infrastructure shall not begin until complete and accurate plans and specifications have been approved by the City. Each contract for construction of Public Infrastructure shall require a two-year maintenance bond following completion ofsuchl Public Infrastructure, which bond shall runi in favor oft the) Party responsible for maintenance of the completed Public Infrastructure. To the extent easements or rights-of-way are: needed within the Property and/or ont the perimeter ofthe Property, they shall be conveyed or dedicated by the Developer to the City, or to Mustang, as applicable, at no cost to the City or Mustang. The Public Infrastructure willl be installed within easements granted to the City orl Mustang, as applicable, or in the public right-of-way, however utilities must be in an easement separate from the right-of-way. The size oft the Public Infrastructure shall be as finally determined by the City's engineer, or for water and wastewater Mustang's engineer, however, should the City's engineer, or Mustang's engineer, determine oversizing is needed to serve property other than the Development, then the City, or Mustang, shall pay its proportionate share ofs such oversizing costs  as they become due and payable under the construction contract.  (b) ROW Dedication. The Developer shall, either by plat or by deed as  requested by the City, dedicate or convey the right-of-way for thoroughfares, roads, streets, and alleys lying within the Property. Should offsite roadway rights-of-way be necessary across owned lands, the City agrees to dedicate such rights-of-way for public use in a dedication City- instrument reasonably acceptable to the City; any costs to produce surveys, legal descriptions, or other requirements for such City-dedicated rights-of-way shall be borne by the Developer. expense, perform, design and construct, at no cost to the City, all roadway Onsite Public Improvements necessary to serve the Development, and all offsite Roadway Improvements as described in Exhibit C and depicted on Exhibit D (collectively, the "Roadway Improvements"). The Developer shall, during the course of development, construct or improve concrete roadways adjacent to the Property, as depicted on Exhibit D. Provided, the Developer shall not be required too construct or improve such roadways until suchi time as thel Developerisdeveloping suchj portions  (c) Roadway Improvements by Developer. Developer shall, as its sole cost and  oft the Property which are adjacent to such roadways.  (d) Water Improvements by Developer. Developer shall, as its sole cost and  expense, perform, design and construct, at no cost to the City, all water Public Improvements necessary to serve the Development, as depicted on Exhibit E (the' "Water Improvements"). and expense, perform, design and construct, at no cost to the City, all wastewater Public Improvements necessary to serve the Development, as depicted on Exhibit E (the Wastewater  (e) Wastewater Improvements by Developer. Developer shall, as its sole cost  Improvements").  2.2. Inspections, Acceptance ofl Public Infrastructure.  (a) Roadway and Storm Infrastructure. The City shall have the right to inspect,  at any time, the construction ofa all roadway and storm water Public Infrastructure, and any related Public Infrastructure necessary to support the proposed development within the Property, which shall be inspected, designed and constructed in compliance with all statutory and regulatory requirements, including design and construction criteria, and the City Regulations.  DEVELOPMENTA AGREEMENT-Page 4    (b) Water and Wastewater Infrastructure. The City and/or Mustang, as  applicable, shall have the right to inspect the construction of all water and wastewater Public Infrastructure at any time, which water and wastewater shall be inspected, designed and constructed in compliance with all statutory and regulatory requirements, including design and construction criteria, and the City Regulations. The timing of construction of the various components of the water and wastewater Public Infrastructure shall be as required by the City  Regulations and Mustang's regulations.  (c) No Release. The City's and/or Mustang's, as applicable, inspections shall  not release the Developer from its responsibility to construct, or ensure the construction of, adequate Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to the Development provided the City, satisfies its obligations  under this Agreement.  (d) City/Mustang Owned. From and after the inspection and acceptance by the City and/or Mustang, as applicable, ofthel Public Infrastructure and any other dedications this Agreement, such improvements and dedications shall be owned by the City and/or  under Mustang.  required  (e) Approval of Plats/Plans. Approval of plats, permits, plans, designs or  specifications by the City shall bei in accordance with the City Regulations. Approval by the City, the City's engineer or other City employee or representative of any plats, permits, plans, designs or specifications submitted pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed to be a release ofthe responsibility and liability oft the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared the Developer or the Developer's engineer, or engineer's officers, agents, servants, or employees, by itb being the intent oft the parties that approval by the City's engineer signifies the City's approval on only the general design concept oft the improvements to be constructed. All plats and plans of the Developer related to the Property shall meet the requirements of the applicable City Regulations. Plans and approvals required by Mustang for Water Improvements and Wastewater Improvements shall be submitted and reviewed by Mustang as required by Mustang's regulations.  2.3 Operation and Maintenance.  (a) Upon inspection, approval, and acceptance of the water and wastewater  Public Infrastructure or any portion thereof, Mustang, shall maintain and operate the accepted water and wastewater infrastructure or any accepted portion thereof and provide water and  wastewater service to the Property.  (b) Upon inspection, approval, and acceptance oft the roadway and storm water  Public Infrastructure or any portion thereof, the City shall maintain and operate the roadways and  storm water infrastructure or any accepted portion thereof.  (c) Maintenance and operation of open spaces, trails, common areas, right-of-  way irrigation systems, right-of-way landscaping, screening walls, detention ponds and any other  DEVELOPMENT, AGREEMENT - Page 5    common improvements or appurtenances shall be maintained and operated by the HOA, even when located on public property. The City shall provide any maintenance or other easements to  the HOA reasonably necessary for the HOA to fulfill such obligations.  2.4 Temporary Street Closures. To the extent reasonably requested by the Developer in connection with the construction oft the Public Infrastructure, the City shall grant and issue to the Developer all necessary, permits to authorize temporary closures of, and shall grant and issue tot thel Developer all necessary permits toi make cuts or other perforationsi in, demolish and excavate all or portions ofany City street, alley or other publicright-of-way thati is under control ofthe and that is contained in whole or in part within the Property or that abuts any portion of City the Property; provided however, all such actions are subject to the City's obligations toj preserve and protect public health, safety, and: welfare. Developer shall create an alternative route/detour and be responsible for the costs of implementing and maintaining the alternative route/detour, plan  including lawful signage.  ARTICLEIII  DEVELOPMENT REGULATIONS  3.1 Full Compliance with City Standards.  (a) Development of the Property shall be subject to the applicable City (b) The Parties agree the Concept Plan was created by the Developer for  Regulations.  illustrating the boundary, lot mix and general layout of the Development. Specifically, it is anticipated that the Property be developed as a minimum of200 residential lots consisting of 60' foot lots, approximately 8.8 acres of open space, and approximately 7.4 acres of commercial. amendment to the Concept Plan approved pursuant to the City Regulations shall be considered Any an amendment to this Agreement and shall replace the attached Concept Plan and become a of this Agreement. The City Manager oft the City may administratively approve any amendments part to the Concept Plan that the City Manager deems in his reasonable discretion to be minor in nature. Ift the City Manager deems an amendment to not be minor in nature, the Concept Plan  be may  amended as set forth in the City Regulations.  3.2 Plat. The Developer may submit a plat for all or any portion of the Property. Any plat shall be in general conformance with the Concept Plan, including any amendments. The processing and content of all plats must adhere to the City Regulations, as they may be expressly  altered by this Agreement.  3.3 Vested Rights. This Agreement shall constitute a' permit" under Chapter 245 ofthe Texas Local Government Code that is deemed filed with the City on the date upon which the last ofall oft the Parties has approved and duly executed this Agreement. The Developer does not, by entering into this Agreement, waive any rights or obligations arising under Chapter 245 of the Texas Local Government Code. Upon an administratively complete application fora a final plat for any portion of the Property, Developer may claim vested rights as to the portion of the contained: ini the final plat based upon City Regulations in effect att the time offinal plat application, Property  DEVELOPMENT, AGREEMENT- Page 6    except to the extent such claim would cause the City's building material regulations in the  ordinance ori in other City ordinances to be inapplicable.  zoning  3.4 Internet and Gas Lines. Developer shall install withinj public rights-of-way or public easements high-speed internet infrastructure (either fiber or a future technology approved by the City) or gas lines to the perimeter of each lot. The high-speed internet infrastructure/fiber or lines shall be adequately sized to serve the intended use of the lot, with the high-speed internet gas infrastructure/fiber being capable oft transmitting high-speed internet ofa at least 1 gig per second. Oncei installed, the Developer shall have no obligation to own, maintain or upgrade such internet infrastructure or gas lines. Within one hundred twenty (120) days after recording highspeed a final plat, Developers shall complete such internet and gas lines for such portion ofthel  in which  af final plat has been recorded.  Property  ARTICLEIV  DEVELOPMENT PROCESS AND CHARGES  4.1 Capital Recovery Fees. The Developer is responsible for the construction or causing the construction of all Public Infrastructure, to the extent such improvements are necessitated by and attributable to the Development. Except as specifically described below, the Property shall be subject to those fees and charges due and payable to the City in connection with the Development, that are charged pursuant to City Regulations to other developments located in the corporate limits ofthe City. Notwithstanding the foregoing, pro rata fees, impact fees forwater, sewer, and roadways and other capital recovery fees shall not be charged for single-family development against thel Property. Additionally, any present or future roadway impact fees adopted  by the City shall not be charged against the Property.  4.2 INDEMNIFICATION AND HOLD HARMLESS.  (a) THEDEVELOPER ANDITSSUCCESSORS, AND. ASSIGNSSHALL  INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICIALS, EMPLOYEES, OFFICERS, REPRESENTATIVES AND AGENTS (EACH AN "INDEMNIFIED PARTY"), FROM AND AGAINST ALL ACTIONS, DAMAGES, CLAIMS, LOSSES OR EAPENSE OF EVERY TYPE AND DESCRIPTION TO WHICH THEY MAY BE SUBJECTED ORI PUT: (I) BY REASON OF, ORI RESULTING FROMTHE BREACH OF ANY PROVISION OF THIS AGREEMENT BY THE DEVELOPER; NEGLIGENT DESIGN, ENGINEERING AND/OR CONSTRUCTION BY (II) THE DEVELOPER OR. ANY. ACHTECI,ENGINEERORCONTRACTOR HIREDBYTHE DEVELOPER OF ANY OF THEPUBLICINFRASTRUCTURE, CACQUIRED FROMTHE DEVELOPER HEREUNDER; (III) THE DEVELOPER'S NONPAYMENT UNDER CONTRACTS BETWEENTHE DEVELOPER ANDITS CONSULTANTS, ENGINEERS, ADVISORS, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS IN THE PROVISION AND/OR CONSTRUCTION OF THE PUBLIC INFRASTRUCTURE; (IV) ANYCLAIMS OF PERSONS EMPLOYED BY THE DEVELOPER ORITS AGENTSTO CONSTRUCT THE PUBLIC INFKASTRUCTURE: OR (V) ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DEVELOPER'S REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES,  THE  RESPECTIVE  PARTNERS,  OFFICERS,  DIRECTORS,  EMPLOYEES,  DAVLOPENTAGREMENT- Page 7    AND/OR TRUSTEES, REGARDING OR RELATED TO THE PUBLIC INFRASTRUCTURE OR ANY AGREEMENT OR RESPONSIBILITY REGARDING THE. PUBLIC INFRASTRUCTURE, EXCLUDING CLAIMS AND CAUSES OF ACTION WHICH MAY ARISE OUT OF THE PARTIAL NEGLIGENCE OF AN INDEMNIFIED PARTY (THE "CLAIMS"). NOTWITHSTANDING THE FOREGOING, NO INDEMNIFICATION IS GIVENHEREUNDER FOR ANY. ACTION,DAMAGE, CLAIM, LOSS OR EXPENSE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE DIRECTLY ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR NEGLIGENCE OF ANY INDEMNIFIED PARTY. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS, AND CITY IS REQUIRED TO REASONABLY COOPERATE AND ASSIST DEVELOPER IN  PROVIDING SUCH DEFENSE.  (b) IN ITS REASONABLE DISCRETION, CITY SHALL HAVE THE  RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS OBLIGATIONS HEREUNDER TO DEFEND AND INDEMNIFY THE INDEMNIFIED PARTIES, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. THE INDEMNIFIED PARTIES RESERVE THE RIGHT TO PROVIDE A PORTION OR ALL OF THEIR/ITS OWN DEFENSE, AT THEIR/ITS SOLE COST; HOWEVER, INDEMNIFIED PARTIES ARE UNDER NO OBLICATIONTODOSO. ANY SUCH ACTION BY ANI INDEMNIFIED PARTYI IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND INDEMNIFIED PARTIES OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY INDEMNIFIED PARTIES PURSUANT TO THIS AGREEMENT. DEVELOPER SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN BUSINESS DAYS OF WRITTEN NOTICE FROM AN INDEMNIFIED PARTY THAT IT IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILSTO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, INDEMNIPEDPARTISSHALLHAVETIE RIGHTTO RETAINDEFENSE COUNSEL ON THEIR OWN BEHALE, AND DEVELOPER SHALL BE LIABLE FOR ALL REASONABLE COSTS INCURRED BY INDEMNIFIED PARTIES. THE CITY AGREES, UNLESS ADVISED BY DEFENSE COUNSEL TO THE CONTRARY, TO ASSERT ITS IMMUNITY FROM. LIABILITY AND IMMUNITY FROM SUIT AND/OR  OTHER. AVAILABLE AFFIRMATIVE DEFENSES  (c) THIS SECTION 4.2 SHALL SURVIVE THE TERMINATION OF (d) THE PARTIES AGREE AND STIPULATE THAT THIS  THIS AGREEMENT.  INDEMNIFICATION AND THE EXPRESS NEGLIGENCE TEXT COMPLIES WITH THE CONSPICUOUSNESS REQUIREMENT AND IS VALID AND ENFORCEABLE  AGAINST' THE DEVELOPER.  4.3 THE DEVELOPER'S ACKNOWLEDGEMENT OF THE CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS. STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND  DEVELOPMENT AGREEMENT- Page 8    KEGULATIONS/DEVELOPERS WAIVER AND RELEASE OF CLAIMS FOR PROVIDEDTHERE ARE NO CITY DEFAULTS UNDER THIS AGREEMENT: THAT,  OBLIGATIONS EXPRESSLYS SET FORTH INTHIS AGREEMENT.  (a) THE DEVELOPER ACKNOWLEDGES AND AGREES  (i) THE PUBLIC INFRASTRUCTURE EXPRESSLY SET  FORTH IN THIS AGREEMENT TO BE CONSTRUCTED UNDER THIS AGREEMENT, AND THE FEES TO BE IMPOSED BY THE CITY PURSUANT TO THIS AGREEMENT, REGARDING THE PROPERTY, IN WHOLE OR IN  A,DONOTCONSTTUT: A:  (A) TAKING UNDER THE TEXAS OR UNITED STATES (B) VIOLATION OF THE TEXAS LOCAL  CONSTITUTION;  GOVERMMENTCODE, ITERRPOANVTIEANNUIN AND/OR  (C) NUISANCE.  (11) THE AMOUNT OF THE DEVELOPER'S FINANCIAL AND  INFRASTRUCTURE CONTRIBUTION FOR THE PUBLIC INFRASTRUCTURE EXPRESSLY SET FORTH IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT THE DEVELOPER'S ANTICIPATED IMPROVEMENTS AND DEVELOPER'S DEVELOPMENT OF THEPROPERTY PLACES ON THE CTYSINFRASTRUCTURE  (iii) THE DEVELOPER HEREBY AGREES, STIPULATES AND  ACKNOWLEDGISTHAT: (A) ANYI PROPERTY WHICHITCONVEYSTOTHE CITY OR ACQUIRES FOR THE CITY PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY THE DEVELOPER FOR SUCH LAND, AND THE DEVELOPER HEREBY WAIVES ANY CLAIM THEREFOR THAT IT MAY HAVE; AND (B) ALL PREREQUISITES TO SUCH DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND ANY VALUE RECEIVED BY THE CITY RELATIVE TO SAID CONVEYANCE IS RELATED BOTH IN NATURE AND EXTENT TO THE IMPACT OF THE DEVELOPMENT OF THE PROPERTY ON THE CITY'S INFRASTRUCTURE. THE DEVELOPER FURTHER AGREES TO WAIVE AND RELEASE ALL CLAIMS IT MAY: HAVE AGAINST THE CITY UNDER THIS AGREEMENT RELATED TO ANY AND ALL: (A) CLAIMS OR CAUSES OF ACTION BASED ON ILLEGAL OR EXCESSIVE EXACTIONS; AND (B) ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLANV. CITY OF TIGARD, 512 U.S. 374 (1994), AND ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE  PROJECTED IMPACT OF THE. PUBLIC! INFRASTRUCTURE.  DEVELOPMENT AGREEMENT- Page 9    (b) THIS SECTION 4.3 SHALL SURVIVE THE TERMINATION OF  THIS AGREEMENT.  ARTICLEV TERM  5.1 Thet term ofthis Agreement shall be effective upon full execution by all Parties and will: run: for the shorter of( (a) aj period ofthirty (30): years after the Effective Date, unless shortened by mutual agreement of the Developer and the City, or (b) the date the Parties acknowledge in writing that all Parties have fulfilled their obligations hereunder. Should the Developer not close on its sale of the Property from the Owner by December 31, 2024, the Developer may terminate  this Agreement.  ARTICLEVI ANNEXATION  6.1 Annexation.  (a) Within thirty (30) days ofclosing ont the Property, the Developer will submit  a voluntary petition for annexation, covering only the Property, in a form acceptable to the by which thel Developer will voluntarily petition the City Council ofthe City to annex thel Property City, into the City's limits. The City shall commence annexation proceeding immediately upon the receipt of such petition. Developer agrees to execute and supply any and all instruments and/or other documentation necessary for the City to annex the Property into the City's corporate limits. Developer and City agree that the following procedures, which are the procedures in Section 43.0673 of the Texas Local Government Code on the Effective Date, shall be used by the City for any annexation in lieu of any other Local Government Code Chapter 43 procedures, as they may  (b) Pursuant to Section 212.172(b)(7), Texas Local Government Code, the  subsequently be amended:  (i) Before adopting an ordinance annexing the Property, the governing (1i) . During the public hearing, the governing body must provide persons (iii) After the public hearing, the governing body may  body oft the City must conduct one public hearing; interested ini the annexation the opportunity to be heard;  an adopt  ordinance  annexing thel Property; and  (iv) The City must post notice of the hearing on the City's Internet  website and publishi notice oft thel hearing in the official newspaper ofthe City. Specifically,  the notice for the hearing must be:  (A) mailed to the owner of the Property as indicated on the most  recent five certified tax roll for the county;  DEVELOPMENT AGREEMENT- Page 10    (B) published atl least once on orafter the 20th day but before the (C) posted on the City's Internet website on or after the 20th  10th day before the date of the hearing; and  but before the 10th day before the date oft the hearing and must remain posted until day  the date oft the hearing.  (c) Developer acknowledges and agrees that: by Section 43.0672 of the Texas Local Government Code;  () this Agreement is a written agreement for services as required (ii) Developer is not required to enter into this Agreement; (ii) thez annexation procedures described in this Agreement require  the Developer's consent, and by entering into this Agreement, Developer hereby has provided Developer thewritten disclosure required by Section 212.172(b-I)ofthe City 6.2 Zoning of Property. While thel Parties expressly acknowledge that the be voluntarily annexed in accordance with Section 6.1 oft this Agreement, the Parties Property agree that the Concept Plan, Development Standards and the applicable provisions of this memorialize the plan for development of the Property as provided for in Section 212.172 Agreement of Texas Local Government Code and other applicable law. The City shall consider Property consistent with the Concept Plan, Development Standards and applicable provisions zoning this Agreement contemporaneously with the annexation oft the Property. Through this Agreement, of the Developer expressly consents and agrees to the zoning oft the Property consistent with and as contemplated by this Section 6.2. Int the event ofa conflict between this Agreement and the of the Property, the Parties agree that this Agreement shall control. The Developer agrees zoning that nothing in this Agreement shall prevent Exhibit C, Section 3.4 of this Agreement, and the Regulations, including but not limited to: zoning, from being enforced against an End-Buyer. City  voluntarily provides such consent; and  (v) with this Agreement and the provisions contained herein,  Texas Local Government Code.  will the the  ARTICLE VII  EVENTS OF DEFAULT: REMEDIES  7.1 Events of Default. No Party shall be in default under this Agreement until Notice of the alleged failure of such Party to perform has been given in writing (which Notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been reasonable time to cure the alleged failure (such reasonable time to be determined based givena on the nature of the alleged failure, but in no event more than 30 days after written Notice oft the failure has been given). Notwithstanding the foregoing, no Party shall be in default under alleged this Agreement if, within the applicable cure period, the Party to whom the Notice was given begins performance and thereafter diligently and continuously pursues performance until the failure has been cured and within such 30-day period gives written Notice to the non-defaulting alleged  DEVELOPMENT AGREEMENT- Page 11    Party of the details of why the cure will take longer than 30 days with a statement of how  days are needed to cure.  many  7.2 Remedies. Ifal Party isi in default, the aggrieved Party may, ati its option and without prejudice to any other right or remedy under this Agreement, seek any reliefavailable atl law orin equity, including, but not limited to, an action under the Uniform Declaratory Judgment actions for specific performance, mandamus, or injunctive relief. NOTWITHSTANDING Act, THE FOREGOING, HOWEVER, NO DEFAULT UNDER THIS AGREEMENT SHALL ENTITLE THE AGGRIEVED PARTY TO TERMINATE THIS AGREEMENT AND PREVENT DEVELOPER OR THE CITY FROM RECEIVING ANY REIMBURSEMENTS THE OR PAYMENTS DUE AND OWED TO THE DEVELOPER OR THE CITY UNDER THIS  or  AGREEMENT OR ANY REIMBURSEMENT AGREEMENT.  ARTICLEVII  ASSIGNMENT AND ENCUMBRANCE  8.1 Assignment by Developer to Successors.  (a) The Developer has the right (from time to time without the consent oft the  City, but upon written Notice to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of the Developer under this Agreement, to any person or entity (an "Developer Assignee") that (i) is or will become an owner of any portion of the Property or (ii) is controlled by or under common control by the Developer and becomes an owner of any portion of the Property, provided that the Developer is not in default of this Agreement at the time of such assignment. Any receivables due under this Agreement, or under any Reimbursement Agreement may be assigned by the Developer without the consent of, but upon written Notice to the City, provided however, Developer shall be limited to a maximum of six (6) such assignments and any additional assignments after the sixth such assignment shall require the consent ofthe City. A Developer. Assignee is considered the' Developer" and a' under this Agreement for purposes of the obligations, rights, title, and interest assigned "Party," to the Developer Assignee. Notice of each proposed assignment to a Developer Assignee shall be provided to the City at least fifteen (15) days after the effective date of the assignment, which Notice shall include a copy ofthe assignment document together with the name, address, telephone number, and e-mail address (ifavailable) ofa contact person representing the Developer. Assignee. Developer shall not request the City to execute any assignment documents when the City's consent  isi not required hereunder.  (b) Each assignment shall be in writing executed by the Developer and the  Developer Assignee and shall obligate the Developer Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. A copy of each fully executed assignment to a Developer Assignee shall be provided to alll Parties within fifteen (15) days after execution. From and after such assignment, the City agrees to look solely to the Developer Assignee for the performance of all obligations assigned to the Developer Assignee and agrees that the Developer shall be released: from: subsequently performing the assigned obligations and from any liability that results from the Developer Assignee's failure toj perform the assigned obligations; provided, however, ifa copy ofthe assignment is not received  DEVELOPMENT AGREEMENT- Page 12    by the City within 15 days after execution, Developer shall not be released until the  such copy oft the assignment.  City receives  (c) No assignment by Developer shall release Developer from any  that  resulted from an act or omission by Developer that occurred prior to the effective liability date of the  assignment unless the City approves the release in writing.  (d) The Developer shall maintain written records of all assignments made to  Developer Assignees, including a copy ofeach executed assignment and the shall provide ac copy ofs suchi records to the requesting person or entity.  Notice information as required by this Agreement, and, upon written request Developer from another Assignee's  Party,  8.2 Assignment by the City. The City has the right (from time to time without the consent oft the Developer, but upon written Notice to the Developer) to assign this whole or in part, and including any obligation, right, title, or interest of the City Agreement, under this in Agreement, to any agency, authority, or political subdivision of the state Notice of each proposed assignment to a City. Assignee shall be provided to (a each "City other Assignee"). at least 15 days prior tot the effective date ofthe assignment, which Notice shall includeac copy Party ofthe proposed assignment document together with the name, address, telephone number, and e-mail address of a contact person representing the City Assignee who the other Party additional information. Each assignment shall be in writing executed by the City may and the Assignee and shall obligate the City Assignee to be bound by this Agreement to the extent City this Agreement applies or relates to the obligations, rights, title, or interests being assigned. A each fully executed assignment to a City Assignee shall be provided to all Parties within copy 15 after execution. From and after such assignment, all Parties agree to look solely to the days Assignee for the performance ofall obligations assigned to the City Assignee and agrees that City the City shall bei released from subsequently performing the assigned obligations and: from that results from the City Assignee's failure to perform the assigned obligations; anyl provided, liability however, if a copy of the assignment is not received by the other Parties within 15 days after execution, the City shall not be released until the other Parties receive such copy ofthe assignment. No assignment by the City shall release the City from any liability that resulted from an act or omission by the City that occurred prior to the effective date of the assignment unless the other Parties approve the release in writing. The City shall maintain written records of all assignments made by the City to City Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written another Party, shall provide a copy ofs such records to the requesting person or entity. request 8.3 Collateral Assignments. The Developer and Developer Assignees have the from time to time, to collaterally assign, pledge, grant a lien or security interest in, or otherwise right, encumber any oftheir respective rights, title, or interest under this Agreement for the benefit of their respective lenders without the consent of, but with prompt written Notice to, the City. The collateral assignment, pledge, grant of lien or security interest, or other encumbrance shall not, however, obligate any lender toj perform any obligations ori incur any liability under this Agreement unless the lender agrees in writing toj perform such obligations or incur such liability. Provided the City has been given a copy of the documents creating the lender's interest, information for the lender, then that lender shall have the right, but not the obligation, including to cure default under this Agreement and shall be given al reasonable time to do SO in addition to the cure any  contact for  of  from City  Notice  DEVELOPMENT AGREEMENT- Page 13    periods otherwise provided tot the defaulting Party by this Agreement; and the City agrees to accept a cure offered by the lender as if offered by the defaulting Party. A lender is not a Party to this Agreement unless this Agreement is amended, with the consent of the lender, to add the lender as a Party. Notwithstanding the foregoing, however, this Agreement shall continue to bind the Property and shall survive any transfer, conveyance, or assignment occasioned by the exercise of foreclosure or other rights by a lender, whether judicial or non-judicial. Any purchaser from or successor owner through a lender ofany portion ofthe Property shall be bound by this Agreement and shall not be entitled to the rights and benefits oft this Agreement with respect to the acquired portion oft the Property until all defaults under this Agreement with respect to the acquired portion  oft the Property have been cured.  8.4 Transfer of Warranties. Any Public Infrastructure that are transferred to the City shall be accompanied by all applicable third-party bonds and warranties related to construction  and maintenance ofs such Public Infrastructure.  8.5 Assignees as Parties. An assignee authorized in accordance with this Agreement and for which Notice ofassignment has been provided in accordance with this Agreement shall be considered a "Party" for the purposes oft this Agreement. With the exception of the End-Buyer of al lot within the Property, any person or entity upon becoming an owner of1 land or upon obtaining an ownership interest in any part ofthe Property shall be deemed to be a Developer" and have all oft the obligations oft the Developer as set forth in this Agreement and all related documents to the  extent ofs said ownership or ownership interest.  8.6 No Third-Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by, thel Parties. No other person or entity shalll have any right, title, ori interest under this Agreement or otherwise be deemed to be a third-party beneficiary oft this Agreement.  ARTICLEIX  RECORDATION AND ESTOPPEL CERTIFICATES  9.1 Binding Obligations. This Agreement and all amendments hereto (including amendments to the Concept Plan as allowed in this Agreement) and assignments hereof shall be recorded in the deed records ofeach county within which the Property is located. This Agreement binds and constitutes a covenant running with the Property. Upon the Effective Date, this Agreement shall be binding upon the Parties and their successors and assigns permitted by this Agreement and forms aj part of any other requirements for Development within the Property. This Agreement, when recorded on or after the Effective Date, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property; however, except the obligations of Developer, its successors and assigns, for annexation and compliance with City Regulations, including but not limited to zoning ordinances, as they currently exist or may be amended, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any nd-buyet/homebuyer ofa fully developed and improved lot (an  End-Buyer").  9.2 Estoppel Certificates. From time to time upon written request of the Developer, if needed to facilitate a sale ofa all or a portion ofthe Property or a loan secured by all or aj portion of the Property, the City will executea a written estoppel certificate ina a form and substance satisfactory  DEVELOPMENT, AGREEMENT- Page 14    to the City, to its reasonable knowledge and belief, identifying any obligations oft the under this Agreement that are in default. The Developer shall pay the City $1,250 at the Developer time of the Developer's request for an estoppel certificate for each request in excess of one per calendar  year.  ARTICLEX ADDITIONAL PROVISIONS  10.1 Recitals. The recitals contained in this Agreement: (a). are true and correct as Effective Date; (b) form the basis upon which the Parties negotiated and entered into ofthe this Agreement; (c) are legislative findings of the City Council of the City; and reflect the final intent oft the Parties with regard to the subject matter of this Agreement. In the (d) event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by therecitals, shall bet takeni into consideration and, tot the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent oft the Parties reflected by the recitals, would not have entered  into this Agreement.  10.2 Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any Party shall be deemed to have been received when personally delivered or 72 hours following deposit of the same in any United States Post Office,  registered or certified mail, postage prepaid, addressed as follows ("Notice"):  To the City:  Attn: City Manager City of Gunter 105 N. 4th Street Gunter, TX 75085 Attn:  With a copy to:  To the Developer:  Attn: Stephen Smith Fraser Capital LLC 17250 North Dallas Parkway Dallas, Texas 75248 Attn: Sarah Landiak Winstead PC 27281 N. Harwood Street, Suite 500 Dallas, Texas 75201  With a copy to:  Any Party may change its address or addresses for delivery ofNotice by delivering written Notice  ofs such change ofaddress to the other Party.  DEVELOPMENT AGREEMENT-I Page 15    10.3 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application ofany provision ofthis Agreement, thej provision will bei interpreted fairly and reasonably and neither: more strongly for nor against any  of which Party originally drafted the provision.  Party, regardless  10.4 Time. In this Agreement, time is oft the essence and compliance with the times for 10.5 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not] limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the been duly authorized to do SO. The Developer represents and warrants that this Agreement City has been approved by appropriate action of the Developer, and that the individual executing this Agreement on behalfofthe Developer has been duly authorized to do SO. Each Party respectively acknowledges and agrees that this Agreementi is binding upon: such Party andi is enforceable such Party, in accordance with its terms and conditions and to the extent provided by law. against 10.6 Entire Agreement. This Agreement, any agreement referenced herein tol be entered by the Parties in the future, and any agreement related to fees to be charged by a homeowner's association to support public education, constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the subject matter of this Agreement. This Agreement shall not be modified or amended except in writing signed the  performance herein is required.  has  Parties.  by  10.7 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent provision and upon mutual agreement oft the Parties, be rewritten to be enforceable and to give effect possible to the intent of the Parties; and (c) the remainder oft this Agreement shall remain in full force and effect  and shall bei interpreted to give effect to the intent ofthe Parties.  10.8 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced, in accordance with, the laws of the State ofTexas, and all obligations of the Parties are performable in each county in which the Property is located. Exclusive venue for any action to enforce or construe this Agreement shall be in the County District Court in which  any of the Property is located.  10.9 Non-Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision oft this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions oft this Agreement. No provision oft this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific for which it is given. No waiver by any Party ofa any term or condition ofthis Agreement purposes shall be  DEVELOPMENT AGREEMENT- - Page 16    deemed or construed to be a waiver of any other term or condition or subsequent waiver of the 10.10 Counterparts. This Agreement may be executed in any number of each of which shall be deemed an original and constitute one and the: same instrument. counterparts, 10.11 Further Documents. The Parties agree that at any time after execution of this Agreement, they will, upon request of another Party, execute and deliver such further documents and do such further acts and things as the other Party may reasonably request in order to effectuate the terms of this Agreement. This provision shall not be construed as limiting or otherwise hindering the legislative discretion oft the City Council seated at the time that this Agreement  same term or condition.  executed or any future City Council. incorporated herein for all purposes:  is  10.12 Exhibits. The following exhibits are attached to this Agreement and are  Exhibit A Exhibit A-1 Exhibit B Exhibit C Exhibit D Exhibit E  Legal Description oft the Property Depiction of the Property Concept Plan Development Standards Roadway Improvements  Water Improvements and Wastewater Improvements  10.13 Governmental Powers; Waivers of] Immunity. By its execution oft this Agreement, the City does not waive or surrender any of its respective governmental powers, immunities, or rights except as provided int this section. The Parties acknowledge that the City waives its sovereign immunity as to: suit solely for the purpose ofa adjudicating a claim under this Agreement. Thisi is an agreement for the provision of goods or services to the City under Section 271.151 et oft the  Texas Local Government Code.  seq.  10.14 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within three (3) business days after the occurrence of a force majeure event, the Party claiming the right to temporarily suspend its performance, shall Notice to all the Parties, including a detailed explanation of the force majeure and a description give of the action that will bet taken toi remedy the force majeure andi resume: full performance at the earliest possible time. A Party that fails to provide timely Notice of an event of force majeure will be deemed to be able to resume full performance within thirty (30) days of such event. The term "force majeure" shall include events OT circumstances that are: not within the reasonable control of Party whose performance is suspended and that could not have been avoided by such the good faith exercise of good faith, due diligence and reasonable care.  with Party  10.15 Amendments. This Agreement cannot be modified, amended, or otherwise varied, except in writing signed by the City and the Developer expressly amending the terms of this  Agreement.  DEVELOPMENT AGREEMENT- Page 17    10.16 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. 10.17 Form 1295 Certificate. The Developer represents that it has complied with Texas Government Code, Section 2252.908 and in connection therewith, the Developer has Texas Ethics Commission Form 1295 Certificate (the "Form 1295") generated by the Texas completeda Ethics Commission's electronic filing system in accordance with the rules promulgated the Texas Ethics Commission. The Developer further agrees to print the completed certificate by and execute the completed certificate ins such form as is required by Texas Government Code, Section 2252.908 and the rules ofthe Texas Ethics Commission and provide to the City at the time executed counterpart of this Agreement, a duly executed completed Form 1295 ofdelivery Certificate. The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The Parties agree that, except for the information identifying the City and the contract identification number, the City is not responsible for the information contained in the Form 1295 completed by the Developer. The information contained in the Form 1295 completed by the Developer has been provided solely by the Developer and the  ofan  City has not verified such information.  10.18 Anti-Boycott Verification. The Developer hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries, and otheraffiliates, ifany, do not boycottIsrael and, if and to the extent this Agreement is constructed to be a contract for goods or services, will not boycott Israel during the term ofthis Agreement. The foregoing verification is made pursuant to Section 2271.002, Texas Government Code, but only to the extent such section is applicable, and to the extent such section does not contravene applicable federal law. As used in foregoing verification, boycott Israel' means refusing to deal with, terminating business activities otherwise taking any action that is intended to penalize, inflict economic harm on, with, or limit commercial relations specifically with Israel, or with aj person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Developer understands "affiliate" as used in this Section 10.18 to mean an entity that controls, is controlled by, or is under common control with the Developer and exists to make  or  aprofit.  10.19 Iran. Sudan and Foreign Terrorist Organizations. The Developer represents that neither the Developer, nor their parent company, wholly-orn majority-owned subsidiaries, and other affiliates are a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: peongalausgbaiapaelsais The foregoing representation is made pursuant to Section 2252.152, Texas Government Code, and to the extent such section does not contravene applicable federal law and excludes the Developer and each oft the Developer's parent company, wholyormagpriyowned subsidiaries, and otheraffiliates, ifany, that thel United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The  ylsspeaya-alieats yompalsisusgpa-laets  DEVELOPMENT. AGREEMENT- - Page 18    Developer understands "affiliate" as used in this Section 10.20 to mean any entity that controls, is controlled by, ori is under common control with the Developer and exists to make aj profit. 10.20 Verification Regarding Energy Company Boycotts. The Developer that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, hereby do not boycott energy companies and will not boycott energy companies during the term ifany, oft this Agreement. The foregoing verification is made pursuant to Section 2274.002, Texas Government Code, as amended, and to the extent such Section does not contravene applicable Texas or federal law. As used in the foregoing verification, "boycott energy companies," a term defined in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill), shall mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing off fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by (A) above. As used in this Section, the understands 'affiliate' to mean an entity that controls, is controlled by, or is under common Developer control with the Developer within the meaning of SEC Rule 133(f), 17 C.F.R. $2 230.133(f), and exists  verifies  make aj profit.  to  10.21 Verification Regarding Discrimination Against Firearm Entity or Trade Association. The Developer hereby verifies that it and its parent company, wholly- or owned subsidiaries, and other affiliates, ifany, do not haveal practice, policy, guidance, or majority- directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made pursuant to such Section and to the extent such Section does not contravene applicable Texas or federal law. As used int thei foregoing verification andi the  definitions:  following  () discriminate against a firearm entity or firearm trade association,'a  term defined in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill), (A) means, with respect tot the firearm entity or firearm trade association, to () refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a: firearm entity or firearm trade association, refrain from continuing an existing business relationship with the: firearm entity or firearm (ii) trade association based solely on its status as a firearm entity or firearm trade association, or (iri) terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (B) does not include (i) the established policies ofar merchant, retail seller, or platform that restrict or prohibit the listing or selling ofammunition, firearms, or firearm accessories and (ii) a company'sr refusal to engage in the trade ofa any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa) to comply with federal, state, or local law, policy, or regulations ora directive by a regulatory agency or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or  association's status as a firearm entity or firearm trade association;  DEVELOPMENT AGREEMENT-Page 19    (ii) 'firearm entity,' a term defined in Section 2274.001(6), Texas  Government Code (as enacted by such Senate Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles the action of explosive or expanding gases), firearm accessories (defined in Section by 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded cartridge case, primer, bullet, or propellant powder with or without aj projectile) or as sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting);  and  (iii) 'firearm trade association," a term defined in Section 2274.001(7),  Texas Government Code (as enacted by such Senate Bill), means any person, corporation, unincorporated association, federation, business league, or business organization that ()is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of1986, as an organization described by Section 501(c) of that code. As usedi in this Section, the Developer understands 'affiliate' to mean an entity that controls, is controlled by, or is under common control with the Developer within the meaning of SEC 10.22 The provisions of Section 10.181 through this Section 10.22 shall survive expiration or earlier termination oft this Agreement until the applicable statute oflimitations has run.  Rule 133(f), 17CFR_9230.13300. and exists to make a profit.  [signatures on following pages]  DEVELOPMENT AGREEMENT- - Page 20    EXECUTED by the City and the Developer on the respective dates stated below after approval of  the City Council oft the City on  2024.  CITY OF GUNTER, TEXAS  By: Name: Karen Souther Title: Mayor  ATTEST:  Name: Detra Gaines Title: City Secretary STATE OF TEXAS COUNTY OF GRAYSON S  S S  This instrument was acknowledged before me on the  day of  2024, by Karen Souther, the Mayor of the City ofGunter, Texas, on behalf of said City.  Notary Public, State ofTexas  (NOTARY SEAL)  DEVELOPMENT. AGREEMENT - Signature Page    DEVELOPER: FRASER CAPITAL, L.L.C., al Texas limited liability company  By:  55  Name: hephe Smik  Title:  Manager  STATE OF TEXAS COUNTY OF Rallas  S $  This instrument was acknowledged before me on the 15* day of_ Capital, L.L.C.,'aTexas limited liability company on behalfefs said company.  2024 by Skphes Snik  hanagr  Ty, Pof Fraser  ZPALan Notary Public, State ofTexas  (NOTARY: SEAL)  Megan Lee McGuinness My Commission 12/1/2026 Expires Notary ID134085586  DEVELOPMENT. AGREEMENT-: Signature Page    EXHIBIT A Legal Description    PROPERTY DESCRIPTION  Being ai tract of land: situated in the. Jot Gunter Survey (also known as the H.T.& B. R.R. Survey) Abstract No. 1437, and the H.T.& B. R.R. Survey, Abstract No. 606, Grayson County, Texas, and being all of a called 54.11 acres tract of land and all of a called ten acres tract of land described in Deed to Paula. Jane Autry House, Lou Ann Autry. Jackson and. John E. Autry as recorded in Volume 2311, Page 488, Real Property Records, Grayson County, Texas, and being more particularly BEGINNING at a steel fence corner post found in the North Right-of-Way line of F.M. Highway No. 121 (a called 60' R.O.W.- also known as East Main Street) for the Southeast corner ofa as said! 54.11 acres tract and the Southwest corner of the remainder of a called 51.48 acres tract of land described in Deed to Marilyn Davis as recorded in Volume 2249, Page 355, said Real Property THENCE North 87 degrees 18 minutes 23 seconds West, with the South line ofs said 54.11 acres tract and the North line of said F.M. 121, a distance of1323.13 feet to aj point on the South side of a steel fence corner post found for the most Southerly Southwest corner of said 54.11 acres tract and the Southeast corner ofa a called 3.82 acres tract of land described in Deed to Hershal H. Fraze and Sheryl Fraze as recorded in Volume 5690, Page 848, Official Records, Grayson County, Texas; THENCE North 34 degrees 561 minutes 44: seconds East, withi the West line of said 54.11 acres tract and the East line of said 3.82 acres tract, generally along and near at fence, a distance of 485.32 feet to a steel fence corner post found for the Southeast corner ofs said ten acres tract and the Northeast THENCE North 86 degrees 30 minutes 30 seconds West, with the South line of said ten acres tract andi the North line of said 3.82 acres tract, along and near a fence, passing at a distance of 429.79 feet a capped 1/2 inch iron rod found at the Northwest corner of said 3.82 acres tract and the Northeast corner of a called 0.33 acres tract of land described in Deed to. Justin Duncan and Kaeley Duncan as recorded in Instrument No. 2022-25755, said Official Records, and continuing along said course, with the North line ofs said 0.33 acres tract, passing the Northeast corner of said 0.33 acres tract, and continuing for a total distance of 586.16 feet to a mag nail with a washer stamped "Vaughns Survey Co" seti in 9th Street (a public road) fori the Southwest corner of said ten acres THENCE North 11 degrees 53 minutes 52 seconds East, with the West line thereof, along said 9th Street, passing at a distance of 231 feet the North side of said 9th Street, and continuing along said course, passing the Northwest corner of said 10 acres tract and the most) Westerly Southwest corner of said! 54.11 acres tract, and continuing with the West line thereof, passing at: a distance of 1062.59 feet a cross-tie fence corner post at the Southeast corner ofa a called 9.56 acres tract of land described in Deed to Valley Church of Christ as recorded in' Volume 4609, Page 51, said Official Records, continuing along said course, with the East line of said 9.56 acres tract, along andi near a fence, at total distance of 1654.31 feet to a 1/2 inch capped iron rodi found stamped "RPLS 6578" near as steel fence corner post for the Northwest corner of said! 54.11 acres tract and interior conner  described herein as follows:  Records;  corner of said 3.82 acres tract;  tract;  ofs said 9.56 acres tract;    THENCE South 89 degrees 45 minutes 23 seconds East, with the North line ofs said 54.11 acres tract and a South line of said! 9.56 acres tract, a distance of 8.70toa1 1/2 inch capped iron rod found stamped "RPLS 6578" found at the most Easterly Southeast corner of said 9.56 acres tract and: same being the Southwest corner ofl Lot3, Hilltop Estates, according to the Plat thereof as recorded in THENCE South 89 degrees 44 minutes 08 seconds East, continuing with the North line ofs said 54.11 acres tract and the South line of said Lot 3, along and near a fence, a distance of 76.28 feet toa a 3/8 inch iron rod found at the Southeast corner ofs said Lot 3 and the Southwest corner ofl Lot 1, Block. A, Donohoe Addition, according to the Plat thereof as recorded in Document No. 2022-11, said Plat THENCE North 89 degrees 381 minutes 14 seconds East, continuing with the North line of said 54.11 acres tract and the South line ofs said Donohoe Addition, a distance of 622.34 feet to a 1/2 inch iron rodi found for the Southeast corner of said Donohoe, Addition and same being the Southwest corner ofa called 1.03 acres tract ofl land described in Deed to Deana Michelle Reed as recorded in Volume THENCE North 89 degrees 22 minutes 37 seconds East, continuing with the North line of said 54.11 acres tract and with the South line of said Reed tract, passing the Southeast corner of said Reed tract and the Southwest corner of Lot2 of East College Addition, according to the Plat thereof as recorded in Volume 2021, Page 271, said Plat Records, and continuing along said course, with the South line thereof, a distance of 294.98 feet to 1/2 inch capped iron rod found for the Southeast corner of said Lot 2 of East College Addition and same being the Southwest corner ofa a called 0.935 acres tract ofl land described in Deed to L.D. Byrd as recorded in' Volume 1723, Page 667, Deed THENCE North 89 degrees 141 minutes 10 seconds East, continuing with the North line of said 54.11 acres tract and the South line ofs said Byrdi tract, passing the Southeast corner of said Byrd tract and the Southwest corner of a called 1.600 acres tract of land (Tract II) described in Deed to Cynthia Meinen as recorded in' Volume 2260, Page 342, said Real Property Records, and continuing along said course, with the South line thereof, a distance of 261.79 feet to a cross-tie fence corner post found for the Northeast corner of said 54.11 acres tract and the Northwest corner of a called 10.539 acres tract of land described in Deed to Shahi Chadha, as Trustees oft the Shashi Chadha 2004 Trust as recorded in Instrument No. 2018-27861, said Official Records; THENCE South 00 degrees 38 minutes 17 seconds East, with the East line ofs said 54.11 acres tract and the West line of said Chadha tract, along and near a fence, passing the Southwest corner ofs said Chadha tract and the Northwest corner of a called 1.003 acres tract of land described in Deed to Mario Prado and Maria Cristina Prado as recorded in Instrument No. 2019-16843, said Official Records, and continuing along said course, with the West line of said Prado tract, passing the Southwest corner of said Prado tract, and continuing along said course, with the West line of said Davis tract, a distance of 2124.85 feet to the POINT OF BEGINNING and containing, within the  Volume 10, Page 91, Plat Records, Grayson County, Texas;  Records;  5427, Page 421, said Official Records;  Records, Grayson County, Texas;  metes and bounds herein recited, 66.566 acres of land, more or less.    EXHIBIT A-1 The Property        EXHIBIT B Conceptual Plan    LNOIIdO- 1I8IHXE INOAVI 0717 lldvos N3SVHH XL'AINNOO NOSAVIS' 'I38BINN9 JOA ALO JOVL EHOVS 992 BEINNS  pupjyanos  E  - E  EEEEEELEET EEEE  EED  EEEE   J  411 EE EEEE . E EE G    EXHIBIT C  Development Standards    Waterview Estates  AC City of Gunter Planned Mixed Use Community Planned Development: Standards  Thel Planned development is approximately 49.8 acres of Single-Family land, 8.8 acres of open space and 7.4 acres of Commercial Retail. Development planningi includes Single Familyzoning, Commercial - Retail Zoning, Landscape Planningand Open Space planning.  Single Family:  The Single-Family acreage of approximately. 49.8 Acres will bez zoned the base City of Gunter SF2  use, with thet following exceptions: 1. Minimum Side Yard Setback 5' 2. Minimum Side Yard Setback on ComerLot1 15' 3. Minimum Rear Yard Setback 10' 4. Minimum Front' Yard Setback 20' 5. Maxi Lot coverage! 55% 6. Minimum lot width 60' 7. Minimum lot depth 120' 8. Minimum! Lot Size 7,200 SF  Restricted to Traditional Home, Farmhouse Home and Modern Home Styles only: 1. Masonry coverage on: facades facing, siding and backing to aj public street. 2. Ar minimum of 90% oft thet total exterior wall surfaces shalli include glass, natural and/or cultured stone, stucco, brick or any combination thereof. 3. Wood roofing shingles materials are not allowed. 4. Minimum 8/12 Roof pitches on Traditional Home, minimum of 6/121 roof pitches on Farmhouse and Modern Homes Styles.  Street ROWminimum 50' with3 31'of paving back of curb to back of curb  Residential Landscape:  1. Shall comply witht the City of Gunter's Landscape Ordinance, except asi follows:  a. One (1) canopy treei ini thet fronty yard, species as shown int the Gunter Landscape C. 3 Shrubs and Plantings will cover thet foundation front elevation excluding the garage.  Guidelines.  b. One ornamental treei ini thei front) yard.  Open Space Requirements:  1. Open Space shall comply with thei following: a. Turf will cover all open space areas each canopy tree.  b. Canopy Trees will be 3" caliper, measured. ati the 1'vertical foot from the root ball of    C. The distance between canopytrees will be a minimum of 30, unless otherwise adjusted duei toi field conditions as approved byt the City inspectors. 2. AHomeowners Association will be created to manage and govern the residential  community andi its improvements.  East Main Street District:  Thel East Main Street District (identified ini the conceptual plan) will include non-single family uses. 1. Shall comply with the City of Gunter's Landscape Ordinance with thet following exceptions:  Landscape Guidelines for non-Residential uses:  Turfv will cover all open: space areas each canopy tree.  Canopy Trees will be 3" caliper, measured at the 1'verticali footf from the root ball of The distancel between canopyt trees will be a minimum of 30, unless otherwise adjusted due toi field conditions as approved byt the Cityi inspectors.  2. AProperty Owners Association will be created to manage and govern the Thor Districtand Landscape Architecture and Design plans fort this community andi thel East Main Street District will be! prepared and submitted forr review and compliancet tot the respective City ordinances in effect at thet time oft the City's approval of the DevelopmentAgement, Annexation and the Construction  itsi improvements.  Standards.    Pyet Atvy  FENL  SOND WKIL  CORIE ERystl  EKST MAIN STREET PISTRIT  MANST WAErhEV FASTATES ColCEPT TANl  Chandy  PENDINE Ftepp PRABN STuby    EXHIBIT D  Roadway Improvements    EMANST    EXHIBIT E  Water and Waste Water Improvements    21778.285 Gunter 66 (212 Lots)  Preliminary Service! Map CONNEÇT TOE EXISTING 6WATERL LINE (APPROX. LOCATION SHOWN)  3000ifl  !!   PROPOSED 12 WATERLINE (APPROX. LOCATION SHOWN) PROPOSED! LIFTS STATION. (FINALI LOCATION TBDE BY. DEVELOPER)  21  PROPOSEDE WATERI LINE (APPROX. LOCATION SHOWN) PROPOSED 12" WATERL LINE (APPROX. LOCATION SHOWN) CONNECT TOE EXISTING 12WATERLINE (APPROX. LOCATIONS SHOWN)  PROPOSED FORCE MAIN (SIZE TBDE BYC DEVELOPER)  CONNECT TOEXIST STANLEY CREEK WWTP 402  121  Google Earth lmpge02024Aibus  STEGERGIBIZZELL    O EST.1901  CITY COUNCIL MEETING eptember19,2024 6:00PM  GUNGERI  AGENDA ITEM# #11 PUBLIC: HEARING  Public Comments: To hear public comments regarding an Adoption of the 2024 Grayson County Thoroughfare Master Plan as the adopted Thoroughfare Master Plan for  the City of Gunter.  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor  Eric Wilhite, Director of] Planning & Development  RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  NOTICE OF PUBLICHEARING ON ZONING  Public hearing will be held by the Gunter City Council at 6:00 p.m. on September 19, 2024, at the Gunter Public Safety Building, 105N. 4th Street, Gunter Texas. Thej purpose of thel hearing  ist to consider public comments on the following items:  Tol hear public comment regarding an adoption of the 2024 Grayson County Thoroughfare Master Plan as the adopted Thoroughfare Master Plan for the City of  Gunter, TX.  Any member oft the public has the right to appear and comment at thel hearings. Written comments may be submitted to the City Secretary prior to the hearings by mail at] P.O. Box 349, Gunter, TX 75058 or by personal delivery at Gunter City Hall, 105N. 4th Street, Gunter, TX75058.    CITY COUNCIL MEETING September: 19, 2024 6:00 PM  GUNERI  EST.1901  AGENDA ITEM #12  Discuss, consider, and act upon an Ordinance adopting the updated 2024 Grayson County Thoroughfare Plan as the Thoroughfare Plan of the City of Gunter, as said plan may be amended  from time to time by Grayson County.  AGENDA ITEMS SUMMARY/BACKGROUND:  PRESENTEDI BY: Karen Souther, Mayor  Eric Wilhite, Director of Planning & Development  RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  ORDINANCE NO.  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, APPROVING AND ADOPTING THE GRAYSON COUNTY THOROUGHFARE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS PROPERLY NOTICED  AND OPENT TO THE: PUBLIC AS REQUIRED BYI LAW.  WHEREAS, the City of Gunter ("City") is a' Type-A General Law Municipality located in Grayson County Texas, created in accordance with the provisions of the Texas Local  Government Code; and  WHEREAS, Texas Local Government Code Chapter 213 permits the City to adopt and amend, either in a single plan or a coordinated set of plans, documents governing the long-range planning and development oft the municipality toj promote sound development and promote public  health, safety, and welfare; and  WHEREAS, on or about November 16, 2023, at a properly notice meeting of the City Council oft the City of Gunter, Texas, the City Council held aj public hearing and by Ordinance #2023-11-16-03 adopted the Grayson County Thoroughfare Plan 2022 Update for the City of  Gunter; and  WHEREAS, due to certain changes, growth, and development of the City of Gunter, its extraterritorial jurisdiction, and the incorporated and unincorporated areas of Grayson County, Texas, it has become necessary to amend the Grayson County Thoroughfare Plan 2022 Update;  and  WHEREAS, the Sherman-Denison Metropolitan Planning Organization (SDMPO) and the City of Gunter. have: followed all procedures and done all things required by State law for the  preparation oft the Grayson County 2024 Thoroughfare Plan; and  WHEREAS, pursuant to Chapter 212.010 ofthe' Texas Local Government Code, the City of Gunter may require that subdivision plats conform to .the general plan of the municipality and its current and future streets..." and .. ..the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial  jurisdiction.." and  WHEREAS, requirements for right-of-way dedication and construction of street improvements may apply to all subdivision of land within the City's incorporated area and its extraterritorial jurisdiction, and in accordance with the TexasLocal Government Code, the City of Gunter has adopted rules governing plats and the subdivision of land within the municipality's jurisdiction and in the City's extraterritorial jurisdiction, as provided in Chapter 10, titled  Ordinance. No.  Page 1    "Subdivision Regulation", and Exhibit 10A, titled Subdivision Ordinance" oft the City of Gunter  Code ofOrdinances; and  WHEREAS, the City Council oft the City of Gunter, Texas, desires to accept and approve the said Grayson County 2024 Thoroughfare Plan to amend and replace the Grayson County  Thoroughfare Plan 2022 Update. OF GUNTER, TEXAS:  NOW,THEREFORE,BEITORDAINED, BYTHE CITY COUNCILOFTHE CITY SECTION1. That all ofthe above and foregoing recitals and preambles are found to be SECTION2. That the City Council ofthe City of Gunter, Texas, does hereby adopts, the Grayson County 2024 Thoroughfare Plan as the thoroughfare plan oft the City within the corporate limits and the extraterritorial jurisdiction of the City, a copy of which is attached hereto and  true and correct and are: made aj part oft this ordinance forall purposes.  incorporated herein for all purposes as. Exhibit"A".  SECTION4. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity ofthis Ordinance as a whole, or any part or provision thereofother than the part SO decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the  Ordinance as a whole.  SECTION5. That all ordinances or parts of ordinances in conflict with the provisions of SECTION6. That this ordinance shall become effective immediately upon its passage SECTION7. Thati iti isl hereby officially found and determined that att the meeting at which this ordinance was: introduced and passed, there was aj public hearing, the meeting was open to the public and that public notice of the time, place and purpose of said meetings were given all as  this ordinance are hereby repealed.  and the publication oft the caption, as the law shall provide.  required by law.  AND ITISSOC ORDAINED.  DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS  ONTHE AYES NAYS ABSTENTIONS  DAY OF  2024.  Ordinance No.  Page2    Karen Souther, Mayor City of Gunter, Texas  ATTEST:  Detra Gaines, City Secretary City of Gunter, Texas  APPROVED ASTOI FORM:  Courtney Goodman-Morris, City Attorney 12AegmAS1-S05-28  Ordinance No.  Page 3    Exhibit*A"  Grayson County 2024Thoroughfare Plan  Ordinance No.  Page 4        CITY COUNCIL MEETING september19,2024 6:00PM  GUNGERI  EST.1901  AGENDA ITEM #13 PUBLICHEARING  Public Comments: To hear public comments regarding an Adoption oft the Parks, Recreation &  Open Space Master Plan 2024-2039 for the City of Gunter, Texas. AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTEDBY: Karen Souther, Mayor  Adam Adams, Director of Parks & Public Services  RECOMMENDATION:  FINANCIALI IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS NOTICE OF PUBLICHEARING  Public Hearing will be held by the Gunter City Council at 6:00 p.m. on September 19, 2024, at the Gunter Public Safety Building,1 105N.4th Street, Gunter Texas. Thej purpose ofthel hearings  is to consider public comments on the following items:  To hear public comment regarding an adoption of the Parks Recreation & Open  Space Master Plan 2024-2039 for the City of Gunter, TX.  Any member oft the public has the: right to appear and comment at thel hearings. Written comments may be submitted to the City Secretary prior to the hearings by mail at P.O.1 Box 349, Gunter, TX 75058 or by personal delivery at Gunter City Hall, 1051 N. 4th Street, Gunter, TX 75058.     EST.1901  CITY COUNCIL MEETING September19,2024 6:00 PM  GUNERI  AGENDA ITEM # 14  Discuss, consider, and act upon the. Adoption ofthe Parks, Recreation & Open Space Master  Plan 2024-2039 for the City of Gunter, Texas. AGENDA ITEM SUMMARY/BACKGROUND  This plan is the final rendition ofa document that went through aj public vetting process in the Summer of2 2022. The Parks & Recreation Board voted unanimously at their. July 25, 2024  meeting to recommend the document to Council. Adam Adams, Director of] Parks & Public Services  PRESENTED BY:  RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT:  1. Identifies our need for developing future park amenities  2. The plan establishes and provides a basis for park dedication and amenity fees.  LEGAL REVIEW: N/A ATTACHMENIS:  Parks & Recreation Open Space Master Plan 2024-2039    0  o   E Dj @  E 5   D)  @ a a2  a A ao                999899985 RRBSEERSBEBBSBEESSE    5658888        W        R  D8 LE    1153557      5583    - P          a  :D  30804HO9V7: 103 35VIN3DWId  (suvnoa) JWOONI NVIGIW    SNOSH3440'ON    (suvmod) 1505 NVIGIW    DB 9  nhdl    Da    DB                #::88353333 Iswovvawv        IIITS.E  8  PULATONFROIECTION ISITITT.IE  A3 8  9    :6  a ls d6 B  9 N  8    I5    NoBaes    33  her    a    3 :                @00                D8            35            s.  E8    MsrsLah        OF EST.1901  CITY COUNCIL MEETING September19, 2024 6:00PM  GUNGERI  AGENDA ITEM #15 for the City ofGunter, Texas.  Discuss, consider, and act upon an Ordinance Adopting the 2021 International Building Codes  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTEDI BY: Karen Souther, Mayor  Eric Wilhite, Director of] Planning & Development  RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  ORDINANCE NO.  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, ADOPTING THE 2021 EDITION OF THE FOLLOWING INTERNATIONAL CODE COUNCIL CODES: THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL ZONING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE INTERNATIONAL PERFORMANCE CODE FOR BUILDINGS AND FACILITIES, THE INTERNATIONAL WILDLAND URBAN INTERFACE CODE, THE INTERNATIONAL PRIVATE SEWAGE DISPOSAL CODE, THE INTERNATIONAL SWIMMING POOL AND SPA CODE, AND THE INTERNATIONAL EXISTING BUILDING CODE; ADOPTING THE 2018 EDITION OF THE INTERNATIONAL CODE COUNCIL'S INTERNATIONAL SOLAR ENERGY PROVISIONS; ADOPTING THE 2020 EDITION OF THE. NFPA NATIONAL ELECTRICAL CODE; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL CODE COUNCIL'S INTERNATIONAL ENERGY CONSERVATION CODE; PROVIDING FOR RECORDING OF THE CODES AS A PUBLIC RECORD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION INT THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE  DATE.  WHEREAS, the City Council of the City of Gunter, Texas has adopted previous editions WHEREAS, the City Council has reviewed the available updated codes and has determined the City's adopted municipal codes should be updated as set forth below to fully  ofvarious codes established by the International Code Council and NFPA, and  meet the needs ofthe City of Gunter, Texas; and  WHEREAS, the City Council of the City of Gunter, Texas has determined that it is in the best interest of the public and in support ofthe health, safety, morals, and general welfare of the citizens oft the City that the municipal codes be updated and established as hereinafter stated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE  CITY OF GUNTER, TEXAS:  City ofGunter Ordinance. No. C1010A481217146)  Page 1 of6    SECTION 1. Legislative Findings. All of the above premises are hereby found to be true and correct legislative and factual findings oft the City Council and are hereby approved and  incorporated into the body of this Ordinance as ifcopied in their entirety.  SECTION: 2. The City of Gunter Code of Ordinances, Chapter 1, "General Provisions", Article 1.13, "Special Events," Division 1, "Generally" is hereby amended to hereinafter read as  follows:  $1.13.001  Definitions  Tent or canopy. As defined by the 2021 International Building Code (IBC) and the 2021  International Fire Code (IFC).  SECTION 3. The City of Gunter Code of Ordinances, Chapter 3, "Building Regulations", Article 3.03, "Technical and Construction Codes and Standards," is hereby  amended to hereinafter read as follows: $3.03.001 Adoption by reference.  There is hereby adopted by the city for establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the following codes as published by the (1) The International Building Code, being in particular the 2021 edition and appendices, as amended, except as it may bei in conflict with the provisions of any ordinance oft the city. (2) The International Residential Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of any ordinance of the 3) The International Mechanical Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of any ordinance of the (4) The International Fuel Gas Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions ofany ordinance oft the city. (5) The International Plumbing Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of any ordinance ofthe city.  International Code Council:  city.  city.  City of Gunter Ordinance No. 1A124812171-464)  Page 2 of6    (6) The National Electrical Code, being in particular the 2021 edition and appendices, as amended, as published by the National Fire Protection Association, except as it may bei in (7) The International Energy Conservation Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of any (8) The International Property Maintenance Code, being in particular the 2015 edition and appendices, as amended, except as it may be in conflict with the provisions of any (9) The International Swimming Pool and Spa Code, being in particular the 2015 edition and appendices, as amended, except as it may be in conflict with the provisions of any  conflict with the provisions of any ordinance oft the city.  ordinance of the city.  ordinance of the city.  ordinance of the city.  (10)  The International Existing Building Code, being in particular the 2015 edition and appendices, as amended, except as it may be in conflict with the provisions of any  ordinance oft the city.  (11)  The International Code Council - National Storm Shelter Association 500, being in particular the ICC 500-2014 edition and appendices, as amended, except as it may be  in conflict with provisions ofa any ordinance ofthe city.  (12)  The International Performance Code for Buildings and Facilities, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict  with the provisions of any ordinance oft the city.  (13)  The International Wildlife-Urban Interface Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of  any ordinance oft the city.  (14)  The International Private Sewage Disposal Code, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of  any ordinance oft the city.  (15)  The International Solar Energy Provisions, being in particular the 2021 edition and appendices, as amended, except as it may be in conflict with the provisions of any Copies of the code as referenced herein are on file in the office of the city secretary for permanent record and inspection. The code establishes the rules and regulations for construction, alteration, removal, demolition, equipment, use, and occupancy, location and maintenance of buildings and structures, including permits. From the date on which this section shall take effect, the provisions thereof shall be controlling in the construction of all  ordinance ofthe city.  buildings and structures within the corporate limits oft the city.  City ofGunter Ordinance No. C9m1A12A86121746,  Page 3 of6    $3.03.002 Enforcement.  The city building official or their representative shall have the authority and power to enforce  all provisions oft the codes adopted by this Article.  SECTION. 4. The City of Gunter Code of Ordinances, Chapter 5, "Fire Prevention and Protection", Article 5.03, "Fire Code," is hereby amended to hereinafter read as follows:  $5.03.001 Adoption.  (a) Adoption. The International Fire Code, being in particular the 2021 edition and appendices, as amended, is hereby adopted as the Fire Code for the city, except as itn may be in conflict with the provisions of any ordinance ofthe city. (b) Penalty. Any person violating any part of this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense, each day to be considered a  separate violation.  $5.03.010. Annual fire safety compliance inspection.  The adoption of the 2021 International Fire Code, as provided in section 5.03.001, is modified and amended with the addition of the following amendment of section 106 oft the 2021 International Fire Code, entitled inspections, by the addition of subsections 106.1.1-106.1.3 to  read as follows:  106.1.1 Annual fire code compliance inspection. The city hereby establishes an annual fire safety compliance inspection program for the purpose of providing and maintaining functions necessary for the prevention of fire and for the protection ofl life and property from fire and panic. In order to ensure that occupancies within the city are inspected on an annual basis for fire and human safety, the fire department is authorized to enter and inspect all buildings and premises within the city each year to determine compliance with the fire code and human safety  requirements.  106.1.1.1 Exemption. All buildings owned by the United States government, the State of Texas, and residential dwelling structures with less than 4 dwelling units shall be exempt from the annual fire safety compliance inspection and the payment of a fee for the annual fire safety  compliance inspection.  106.1.2 Inspection. fees. The fire code official or his/her authorized representative shall charge an annual fee for each fire safety compliance inspection in an amount set from time to  City ofGunter Ordinance No. (9m7A124A861417-4647  Page 4 of6    time by resolution or ordinance of city council. Every person owning, maintaining, or operating the business or premises shall pay a fee for an annual fire safety compliance inspection of the building or premises and payment of this fee shall be due to the city within thirty (30) days from  the billing date.  106.1.3 Reinspection fees. When it has been determined that a fire hazard or violation of this fire code exists in or upon any property, structure, vehicle, system or process, and the period oft time given to correct the fire hazard or violation has expired, the fire code official or his/her authorized representative shall conduct a reinspection. A reinspection fee willl be set from time to time by resolution or ordinance of city council and payable by the person receiving the order or notice to correct the violation, and payment of this annual fire inspection fee shall be due to the city within thirty (30) days from the billing date. Payment of fees or fines assessed under this chapter does not permit or excuse the continuation ofa violation oft the fire code.  SECTION 5. The City of Gunter Code of Ordinances, Chapter 14, "Zoning", Article 14.03, "Compliance with House Bill 2439 and House Bill 2497," Article 14.03.001,  "Definitions"is) hereby amended tol hereinafter read as follows:  $14.03.001 Definitions.  The following definitions apply to the provisions oft this article:  Building code. Any oft the codes published by the International Code Council and adopted in Chapter 3, Building Regulations", Article 3.03, "Technical and Construction Codes and  Standards," Division 1, "Generally," $3.03.001. "Adoption by reference."  Commercial building. A building for the use or occupation of people for a public purpose or economic gain, or a residence ift the building is ai multi-family residence that is not defined as  ar residential building.  Residential building. A building having the character of a one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the  occupancy oft the structure.  SECTION 6. Severability. If any section, subsection, article, paragraph, sentence, clause, phrase or word in this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall  remain in: full force and effect.  SECTION 7. Repeal of Conflicting Ordinances. All ordinances, orders and resolutions heretofore passed and adopted by the City Council of the City of Forest Hill, Texas are hereby repealed to the extent said ordinances, orders or resolutions or parts thereof are in  City of Gunter Ordinance No. 10I4SITI64  Page 5of6    conflict herewith, except for the City's Zoning Ordinance unless repealed or amended consistent  with state law and city ordinance.  SECTION 8. Proper Notice and Meeting. Iti is hereby officially found and determined that the meeting at which the Ordinance was passed was open to the public and that public notice ofthe time, place and purpose of said meeting was given as required by the Open Meetings Act,  Chapter 551 oft the Texas Government Code.  SECTION 9. Effective Date. This Ordinance shall be and become effective immediately upon and after its passage and publication as: may be required by governing law.  ITISACCORDINGLY SO ORDAINED.  DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  GUNTER, TEXAS, THE  DAYOF  2024.  AYES NAYS ABSTENTIONS  CITY OF GUNTER, TEXAS  Karen Souther, Mayor ATTEST:  Detra Gaines, City Secretary  City of Gunter Ordinance No. C/AI25I17-464)  Page 6 of6    CITY COUNCILI MEETING September: 19, 2024 6:00PM  GUNERI  EST.1901  AGENDA ITEM #16  Discuss, consider, and act upon Authorizing an Interlocal Agreement between Grayson County  and the City of Gunter for 2024-2025 EMS Services. AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    INTERLOCAL COOPERATIVE AGREEMENT BETWEEN COUNTY OF GRAYSON AND CITY OF GUNTER, TEXAS THIS AGREEMENT shall become effective upon execution by both Grayson County, and CITY OF GUNTER, Texas; jointly referred to. herein as "parties." WHEREAS, the respective parties are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including public safety services and functions normally associated with the operation of government;  WHEREAS, it is the desire oft the aforesaid parties to comply with and further the WHEREAS, the parties cannot normally obtain thel best possible contract price for emergency medical (ambulance) services acting individually and without cooperation;  policies and purpose oft the Interlocal Cooperation Act;  and  WHEREAS, it is deemed in the best interest of all parties that said governments do enter into a mutually satisfactory agreement for the procurement for emergency  medical services;  WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or  those payments from current revenues legally available to that party;  WHEREAS, the parties agree that Grayson County shall be the sole procurement agent for the parties for emergency medical services for the duration ofthis agreement; NOW, THEREFORE, the parties hereto, in consideration of the: mutual covenants and conditions contained herein and pursuant to the authority permitted under the  Interlocal Cooperation Act, promise and agree as follows:  I. Purpose  The purpose of this Agreement is to authorize Grayson County to contract for emergency medical services for the City of Gunter and the unincorporated areas as defined in the map attached hereto as Exhibit A ("Service Area") with a service provider ("Contractor"). Participation in this cooperative program will be highly beneficial to the taxpayers oft the participating parties through anticipated savings to be realized.  The emergency medical services procured will provide for 9-1-1 coverage oft the area defined with one (1) mobile intensive care (MICU) ambulance staffed 24/7/365 dedicated solely to 9-1-1 response in Grayson County and stationed at the Gunter Fire Department. Staff shall include a minimum of two (2) paramedics authorized by the Texas Department of State Health Services, and any other authorizations or licenses  Page 1 of3    necessary, to practice in the State ofTexas, Grayson County, and the City ofGunter, that have reputable experience, are reasonably fit for the commensurate services to be performed, and are not under any investigation, probation, or suspension. The ambulance willl be Typel Ior Type II (box style) not to exceed five (5): year in age, unless the parties determine sooner than five (5) years based on mileage, maintenance, or other indicators, that the ambulance is no longer fit for use. In addition, the Contractor will provide: (a) Phillips Tempus critical care cardiac monitors with transmitting capabilities; (d) Pulsara Communication tools for clinical integration with hospitals and (e) GPS tracking and direct dispatch control of units after the local PSAP can transfer caller to Contractor emergency medical dispatch centers; (f) This unit will have 24/7/365 paramedic supervisor coverage available to coordinate service delivery in conjunction with fire departments and first responders. In addition, the contract provider will have six (6) additional ambulances available and based in Grayson County to provide back bill and (g) Continuing education for local personnel, including but not limited to the Gunter Volunteer Fire Department and Gunter Police Department, community classes such as, but not limited to CPR and Basic First Aid, as well as medical direction, protocol support, and medical supply restocking as needed by the Gunter Fire Department as a First Responder Organization at no additional Grayson County's contract with the Contractor shall include insurance  (b) A mechanical CPR device; telehealth services in the field;  (c) Ferno power stretchers for greater patient/crew safety;  mutual aid at any given time;  charge. requirements.  II. Consideration  For the services provided above, the City of Gunter shall pay to the County of 1) The sum of $16,250.00 per quarter during the term of this agreement, which shall be due and payable on the 10th days of October, 2024; January, 2025; 2) In addition, the City of Gunter shall provide a 24/7/365 base location at Gunter Volunteer Fire Department with reasonable accommodations for vehicle(s), equipment, and personnel of Contractor, as well as 24/7/365 access to said location, except that the City Manager of the City shall have the right to prohibit any Contractor personnel access to the Gunter Volunteer Fire Department facilities for any reason at any time. Such dedicated location shall  Grayson:  April, 2025; and July, 2025.  include:  a. BAY #1 & Bunk Room 2;  Page 2 of3    b. Medical Storage Cabinet (provided by Allegiance) located in EOC; C. Oxygen Cylinder Storage (provided by Allegiance) located on north Grayson County shall pay all sums due and payable to the Contractor during the As additional consideration, any complaints or issues with service by Contractor will be forwarded to Grayson County representatives as identified above. Any resolution by Grayson County shall be deemed the final resolution of any complaint or issue locally, not to include failure ofContractor to abide by all city, state, federal and county contracted regulations or conditions, which will be forwarded to the proper authorities. Grayson County's agreement with the Contractor shall include provisions regarding billing to  wall ofbay.  term of this agreement or any renewal thereof.  patients and handling ofdelinquencies.  II.  Duration of Agreement  This Agreement shall be in effect from the date of execution until terminated by either party to the agreement or September 30, 2025, whichever date occurs first, unless  extended by mutual written agreement.  MI. Relationship of Parties  Iti is agreed that Grayson County and the Contractor, in providing services specified int this agreement, shall act as an independent contractors and shall have control of its needs and the manner in which they are acquired. Neither party is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees. Grayson County shall comply with all rules, regulations, and laws in the implementation ofthis agreement, including any competitive procurement laws applicable for the services  procured. herein.  Grayson County Purchasing Agent and the Grayson County OEM Director are hereby designated as the official representative to act for Grayson County, Texas in all  matters relating to this agreement.  The City of Gunter City Manager is hereby designated as the official representative to act for the CITY OF GUNTER, Texas, in all matters relating to this  agreement.  IV.  In the event that any dispute arises between individual parties and a successful bidder, the same shall be handled by and between Grayson County and the Contractor in  accordance with the terms of their agreement.  Page 3 of3    GRAYSON COUNTY, ,TEXAS  By: Bruce Dawsey  By:  Grayson County Judge  CITY OF GUNTER, Texas  Date signed  Date signed  Page 4 of3    WESTUN  a a  PnYein    IY 9F GUNERI EST.1901  CITY COUNCILMEETING September19,2024 6:00PM  AGENDA ITEM #17  Discuss, consider, and act upon Authorizing an Interlocal Agreement between Grayson County  and the City of Gunter for 2024-2025 Fire Protection Services. AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: INANCIALIMPACT N/A LEGALREVIEW: N/A  ATTACHMENTS: See. Attachments    STATE OF TEXAS COUNTY OF GRAYSON $  S $  FISCAL YEAR 2025  AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN GRAYSON COUNTY, TEXAS  AND THE CITY OF GUNTER, TEXAS  WHEREAS, this Agreement is made between Grayson County, Texas ["COUNTY"1 and the City of Gunter, Texas ["CITY"] under and pursuant tot thel Interlocal Cooperation Act, Chapter 791, Texas Government WHEREAS, COUNTY and CITY represent that eachi isi ndependentyautronzed to perform thet functions WHEREAS, the COUNTY currently has a need for fire protection for Grayson County residents who live in WHEREAS, each party has sufficient funds available from current revenues to perform thei functions contemplated by this Agreement and this Agreement is conditioned upon appropriation of sufficient revenue by Grayson County Commissioners Court for payment oft the consideration named herein for NOW, THEREFORE, in consideration of the recitals, mutual benefits and promises each to the other  Code and under Section 352 of the Texas Local Government Code;  contemplated by this Agreement; and  portions oft the COUNTY outside the municipalities;  the COUNTY fiscal year named; and  made herein, the parties named above do hereby agree as follows:  PUBLIC PURPOSE  The purpose of this contract is to provide publict fire protection services within the area oft the COUNTY that lies outside the boundaries of any municipal government. The COUNTY has no authority to provide fire protection within thei territorial limits ofi incorporated municipalities and byt this contract does not attempt to usurp the authority of municipalities to manage, regulate and provide fire  protection and emergency response services within their boundaries.  CTYOBLIGATIONS  The CITY, as part of this Agreement, and as a condition of the payment by COUNTYofa any and all (A) The CITY's fire department will provide fire protection services for all persons and property within the unincorporated area of said COUNTY that lies within the CITY's designated primary service area as set outi ini the map: attached to this Agreement as Exhibit "A" and incorporated  sums called for under this Agreement, agrees that:  Page 1 - Agreement for Fire Protection Services    herein by reference.  (B) The CITY's Fire Department shall use reasonable diligence and effort to provide the fire protection services it has contracted to provide by this contract and to provide immediate and direct supervision of the CITY's Fire Department members, volunteers, employees, agents, contractors, sub-contractors, and/or laborers, if any, int the furtherance of the purposes, terms, (C) The CITY's Fire Department agrees to cause its members and personnel providing fire protection services in performance of this Agreement, when performing said services, to conduct themselves in a professional manner and to comply with all applicable laws, regulations: and standards. All paid firei fighters must comply with all requirements oft the Texas Commission on Fire Protection. Alli firet fighters, whether paid or volunteer, must be properly trained and equipped to perform fire protection duties as determined by applicable laws, regulations and standards, including local departmental regulations and standards. The CITY's Fire Department agrees to maintain all equipment necessary for the performance of this Agreement in good repair. Radio communications willl be conducted! in accordance with any rules, procedures or directives oft the Grayson County Sheriff and/or the Director of the Grayson County Office of (D) The CITY's Fire Department shall cooperate and coordinate with the Grayson County Fire Marshal pursuant to the provisions of the Local Government Code, Chapter 352. (E) The CITY's Fire Department shall provide notice to the Grayson County EOC at 903-818-7694 prior to or concurrent with deployment of resources outside of Grayson County for response (F) Upon request fromi the Grayson County. Judge, his designee or the Grayson County Emergency  and conditions oft this Agreement.  Emergency Management and/or the Grayson County Fire Marshal.  other than mutual aid toi the counties contiguous to Grayson County. Management Coordinator, the CITY's Fire Department shall:  a. Cooperate in a coordinated response, or prioritization of assets, duringal locally b. Respond tor reasonable data requests relevant to services provided under this  declared disaster; Agreement;  Participate in local planning, briefings or trainings if requested by the Grayson County Fire Marshal or the Director of Grayson County Office of Emergency Management; and d. Participate in After Action Reviews as requested by the Grayson County Office of Emergency Management or Office of the Fire Marshal of emergency incidents involving  Page 2- Agreement for Fire Protection Services    aresponse oft the CITY's Fire Department in the unincorporated area pursuant tot this contract. Participation shall be defined to include participation by personnel actually Provide current contacti information for the Chief and Assistant Chief of the CITY's Fire Department, to include active email addresses and telephone contact information, for use by the Grayson County EOC, Sheriff's Office Communication Center and Fire  involved in the incident; and  Marshal.  (G) The CITY's Fire Department warrants that in carrying out the terms of this Agreement, no person under the age ofe eighteen years will be utilized in active fire suppression operations but will be (H) The CITY's Fire Department shall comply with any rules, procedures or directives of the Grayson County Sheriff and/or Grayson County Fire Marshal for determining which fires warrant investigation and shall cooperate with any such investigation made by the appropriate County Official ort the designated agent of the County Sheriff, Grayson County Fire Marshal, State Fire () The books and records maintained in operation oft the CITY's Fire Department shall be open to inspection by the COUNTY or its designated representative during normal business hours, upon (J) The CITY's Fire Department shall file: a TXFIRS report with the State Fire Marshal's Office within two weeks of the end oft the month that an incident occurred. Representatives of the Office of Emergency Management and the Office oft the Fire Marshal are authorized to review all fire incident reports filed by the CITY Fire Department with the State Fire Marshal's Office. (K) The CITY's Fire Department shall file an incident report with the Texas Interagency Coordination Center (Texas A&M Forest Service) via Texas FireConnect Portal, or any successor system, for each wildland fire incident to which the department responded within fourteen (14) days oft the (L) The CITY's Fire Department: shall adopt, andi take all necessary: steps to implement, the National Incident Management System (NIMS) at thel local level. NIMS compliancet for thet term oft this contact must be achieved by completing required actions as outlined by FEMA, the Texas Forest  utilized only in supportroles.  Marshal, and/or other law enforcement agencies ort their designees.  reasonable notice.  incident.  Service and/or the Texas Division of Emergency Management.  Page 3 - Agreement for Fire Protection Services    CONSIDERATION  For the services provided above, the COUNTY: shall provide toi the CITY:  (1) The sum of $2,299.00 per month, during the term oft this Agreement, is due and payable by the 10th day of each month. Thet first payment shall be due on or before October 10, 2024. All sums tol be paid under this Agreement by the COUNTY shall be made from current revenues available (2) In addition to all available remedies pursuant toi the default and termination provisions of this Agreement, the Parties agree that the COUNTY may withhold payment of any sums due and payable as set outi in Paragraph 1 above upon written notice off failure of the CITY to perform the  toi the COUNTY.  services contemplated in this Agreement until such deficiencyi is cured.  GENERAL APPORTIONMENT OF RESPONSIBILITY, AND MMUNITYAGENCY Int the event ofj joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance withi the laws of the State of Texas, without, however, waiving any governmental immunity available to either partyi individually under Texas law. The CITY shall be responsible for its sole negligence. The COUNTY: shall ber responsible fori its sole negligence. The provisions oft this paragraph are: solely for the benefit of the parties hereto and are not intended to  create or grant any rights, contractual or otherwise, to any other person.  Pursuant to Section 352.004 oft the Texas Local Government Code, the act ofa a person or an employee of a municipality providing fire protection services pursuant tot this Agreement in the unincorporated areas of the COUNTY, is considered tol bei the act of an agent oft the COUNTY. A municipality is not liable fort the reasonable acts ofi its employee in fighting fires outside the municipality  under this Agreement.  The COUNTY and the CITY understand and agree that Section 352.004 of the Texas Local Government Code applies toi the services performed byt the CITY fori the COUNTY under this Agreement and that when the CITYis engaged in the scope ofi its dutyt to provide fire protection services in any part oft the area oft the COUNTY that lies outside the limits of any municipality, the CITY acts as an agent of COUNTY tot the limited extent said law mandates. However, iti is understood that the CITYisr notan  agent of the COUNTY for any other purpose.  Page 4- - Agreement for Fire Protection Services    BASIC SAFEGUARDING OF CONTRACTOR NFORMATONSSTEMS  (1) The Contractor shall apply basic safeguarding requirements and procedures to protect the Contractor's information systems whenever thei information systems store, process or transmit anyi information, noti intended for public release, which is provided by or generated for the County. This requirement does not include information provided by the County to the publicor simple transactional information, such asi that necessary to process payments. These requirements and procedures shall include, at a minimum, security control requirements (2) Contactor shall include the substance of this clause in subcontracts under this contract, including information management contracts with billing and other service provider, (and including subcontracts fort the acquisition of commercial items other than commercially available off-the-shelfi items) in which the subcontractor may have County contract information  reflective of actions a prudent business person would employ.  residing in or transiting through its information system.  FORM 1295 ACKNOWLEDGEMENT  City acknowledges that iti is a governmental entity and not: al business entity as those terms are defined in Section 2252.908 oft the Texas Government Code, and therefore, no disclosure of interested  parties pursuant to! Section 2252.908 oft the Texas Government Code is required.  DEFAULT  Int the event either party shall fail to keep, observe or perform any provision oft this Agreement, the breaching party shall be deemed in default. Ifsuch default shall continue fora aj period of thirty days after notice thereof by the non-breaching party tot the other, then the non-breaching party shall be entitled to all available options under the Termination provisions of this Agreement.  EFFECTIVE DATE, TERM AND RENEWAL  The effective date of this Agreement shall be October 1, 2024, andi this Agreement shall expire  at midnight on September 30, 2025.  AUTHORITY TO CONTRACT  Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to  enter into this Agreement.  Page! 5- Agreement for Fire Protection Services    GOVERNING LAW/VENUE  This Agreement shall be interpreted in accordance with the laws oft the State of Texas and  Grayson County is the proper venue for any action regarding this Agreement.  ENTIRE AGREEMENT  This Agreement represents the entire. Agreement of the Parties and supersedes any verbal or  written representations of, to or by the Parties to each other.  AMENDMENT  Ift the Parties desire to modify this Agreement duringi itst term, any modifications may be either incorporated herein by written amendment or set forth in an entirely new written agreement. Any modifications must be properlyapproved and signed by authorized representatives oft the Parties.  TERMINATION  By Mutual Agreement: This Agreement may be terminated by mutual agreement oft the CITY: and the By Either Party: This Agreement may bet terminated at any timei for convenience or fault upon: sixty (60)  COUNTY, as evidenced by written termination agreement.  days written notice to the other party.  NOTICES  By City to County:  Any notice permitted or required to be given to the COUNTY hereunder must be in writing and mailed by United States Postal Service, first class mail AND Certified Mail, Return Receipt Requested,  postage prepaid and addressed to:  Grayson County. Judge 1001 W. Houston, Suite. 15 Sherman, Texas 75090  Page 6- Agreement for Fire Protection Services    By County to City:  Any notice permitted or required tol be given to the CITY hereunder must bei iny writing and mailed by United States Postal Service, first class mail AND Certified Mail, Return Receipt Requested,  postage prepaid and addressed to:  Cityo of Gunter  EXECUTED this day of  2024  Grayson County. Judge Printed Name: Bruce Dawsey  EXECUTED this day of  2024  Mayor, City of GUNTER Printed Name:  Page 7- - Agreement for Fire Protection Services    NOIONIAV  Y  . E E  0  BBINNH JINNA  vo    CITY COUNCIL MEETING September 19, 2024 6:001 PM  GUNAERI TY  EST.1901  AGENDA ITEM #18  Discuss, consider, and act upon Authorizing a Resolution approving al Facilities Agreement with  the Gunter Volunteer Fire Department. (GVFR) AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See. Attachments    CITY OF GUNTER, TEXAS  RSOLUTIONNO.  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, APPROVING AJ FACILITIES. AGREEMENT WITHTHE GUNTER VOLUNTEER WHEREAS, the City desires to enteri into ai facilities agreement with the GVFD: for the use ofCity-  FIRE: DEPARIMENIGVEDA owned and controlled facilities; and  WHEREAS, the city desires to support the GVFD; and  WHEREAS, the residents and property owners of Gunter and the surrounding area benefit from WHEREAS, the City agrees to allow GVFD to use the assigned city-owned facilities in accordance NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Section 1. Recitals. The recitals and findings set forth above are true and correct and are incorporated as if fully set forth in the body of the Resolution and are adopted as the legislative Section 2. Approval. The City Council hereby approves the Agreement attached hereto as Exhibit Section 3. Determination. It is hereby officially found and determined that the meeting at which this resolution is passed is open to thej public as required by law, and that public notice of the time, Section 4. Effective Date. This Resolution shall be effective from and after the date of DULY PASSED AND. APPROVED by the City Council ofthe City of Gunter, Texas on this 19th  the service provided by the GVFD; with the attached agreement. GUNTER, TEXAS, THAT:  finding oft the City Council.  A.  place and purpose ofs said meeting was given as required.  passage as provided by law.  day of September, 2024, by the following vote:  AYES NAYS ABSTENTIONS  Karen Souther, Mayor  ATTEST:  Detra Gaines, City Secretary  4841-1994-8721v1    LASAGREMENTEETWENTREGIYOFGUNER, TEXASANDTHEGUNTERVOLUNTEERFRE Thisl Lease Agreement ("Agreement")ls Is made effective as oft the 1 day ofC October, 2014b between the GityofGunter, Texas( ("City" or" Lessor")andi the Gunter Volunteer Firea andF Rescue, Inc. ("GVFR" WHEREAS, the GVFRI isc organized as a private non-profit corporation fori the purposes of providing WHEREAS, the City desires for the GVFR to provide fire prevention, protection, and emergency services tot the residents and property owners within the City and surrounding area as defined by WHEREAS, the Gity Councili fort the Gity of Gunter has determined that leasing City-owned premises and leasingt the City-ownedi fire department equipment, apparatus, and vehiclest tot the GVFRS serves apublicp purpose, namelyt thez advancement ofa adequatei fire protection, prevention,: ande emergency WHEREAS, the City Council fori the City of Gunter has also determined that the use ofa aj portion of thec cityl building locateda at 105N N.4"Street, Gunter, Texas 75058, byt the GVFRi forf fired operationa and emergency service administration, volunteer training, living quarters for shift volunteers, and storage off fire equipment, apparatus, and vehicles will improve response times and enhance the performance of fire prevention, protection and emergency services ini the City and surrounding NOW1 THEREFORE, in consideration of the mutual obligations contained hereina and other valuable consideration, thes sufficiency: ànd receipt ofv which arel herebya acknowledged, the City and the GVFR 1.1 By entering into this Agreement, the parties do not create any obligations, express or implied, othert than thoses seti forthl herein, andi this Agreement does not create any rightsi inp parties  ANDI RESCUE, INC.  or" "Lessee").  fire protection, prevention, ande emergencyservices; thel InterlocalA Agreement with Grayson County;  servicest tot the Gity: ands surroundinga area;  areas;and agreea asf follows:  SECTIONIRGHTSOFPARTESTOTHE AGREEMENT whoa arer nots signatoriest tot this Agreement. SECTION2TERMINATIONL  2.1 This Agreement shall commence on October 17, 2019, and unless terminated. earlier for breach, shall endo on September 30, 2024;however,t thisAgreementmaybee extendedfor  LeaseAgreement Pagelof8 2019-10-17-00  Initials:Lessor  Lessee    additional terms ona ay year-to-year basis ont the approval of the Gunter City Council andt the GVFR  Board. 2.2 Termination  A. Ifeither party commits a material breacho of any provision of this Agreement, the non-breaching party shallp provide written notice oft thel breach tot the breaching party, and allow atl least thirty (30) days to curet thel breach. Ifthel breachi isr not cured within thet thirty (30) day period: (i)t ther non-breaching party mayi immediatelyt terminatei the Agreement; or (i) where such failure is not ofa a nature which can be cured within such thirty (30) day period, the defaulting party, withins such thirtly (30) day period, shally provide written notice tot the other party oft the time reasonably neededi to cure and why such: additional timei is neededa and commence: substantial effortst toc cures suchi failure, andi thereafter prosecutest to completion with diligence and continuity the curing of such failure and cure such failure withinal maximumo ofninety (90) days. Anyn noticed ofd default givenhereunders shalls specifyin reasonable detailt the nature oft thei failures inj performance byt the defaulting partya andt the manner in whichs such failures of performance may be satisfactorily cured in accordance with the terms and conditions of this Agreement. Any notice of default or notice of eariy termination provided! by Cityt to GVFRn must! bea approved byathree-fourths' (3/4ths) voted of B. lf,foranyf fiscal year, the Cityf failst toa appropriatet fundsi ina amounts sufficient top pay orp perform its obligations under this Agreement, the City shall endeavor to provide thirty (30) days notice ofi its intent not to appropriate the necessary funds for its performance obligations under this Agreement. The GVFR based on1 this notice may either accept the amount appropriated by the City Council ort terminatei the Agreement with thirty (30) days  thee entire City Councilofo City priort tol beings sentt tok bee effective.  noticet tot the City.  SECTION3:GVFRPERFORMANCEANDA OBLIGATIONS  3.1 The GVFR shall provide prevention, fire protection, and emergency rescue and medical servicest tot the! publicwithint the corporate limits oft the Cityo ofG Gunter: andt tot thes surrounding: areaa as defined! bythe! Interlocal Agreement with Grayson County, whichis is attachedh hereto as ExhibitA.  3.2 The GVFRfurther: agrees to:  A. Comply witha allf federal, state, andl localr regulations applicablet tov volunteerfire  departments: andt toe emergencyr medicaloperations;  Lease Agreement Page2of8 019-1047-02  Initials: Lessor  Lessee    B. Assist the Cityi in maintaining thel lowest possible fire insurance classification (ISO rating)v withincorporatel limits ofCityands surroundinga garea; C Use all equipment in the proper manner and for the purposes for which it was designed, makinga ailr reasonable effortst top prolonge equipment! life;a and D. Submit an annual proposed budget toi the Citys showing revenues and anticipated 3.3 The GVFR warrants that in carrying out its obligations under this Agreement, itv will not utilize any person under 18 years of agei in the performance of emergency rescue and medical services. The City acknowledges that the GVFR sponsors an Explorer program through the Boy Scouts of America, andi that members oft the Explorer program who are under 18y years ofa age may gotot the scene ofaf fire ord othere emergency. The GVFRV warrants thatE Explorer activities att thes scene will comply with all Fire and Emergent Services Exploring Program Policies, and that each Explorer: and/or his parent org guardians sign a release: andi indemnity agreementi inf favor oft the City  expenditures for next fiscaly year.  andt the GVFR. 3.4 Certificationand? Training  A. The GVFRS shall endeavor tol have aili its members obtain NIMS (National Incident Management: System)training' fors series 100,200,700, and 800 within oney yearc ofbecoming B. TheGVFRV will promotet trainingo ofit its members through the SFFMA (State Firemen's and Fire Marshals' Association of Texas), and shall maintain minimum training requirements ford operationofanye emergency equipment ons scene. 3.5 The GVFR agrees that prior tos submitting any application to ai federal or state agency or privatee entityf forag grantr requiringr matching fundsf fromi the Gity,t the GVFRS shall obtaint the: approval of the City Council. The Gity Council at the time of approval shali indicate whether the City will provide: any portion oft thei matching funds should the GVFRI receive the grant.1 The GVFR: agrees all real and/or personal property purchased inj part with Cityf fundss shaill become property owned by 3.6 The membership of the GVFR shall appoint a Fire Chief as provided in the corporate documents ofG GVFRandi thel Fire Chiefs shali user reasonable effortst toa attendi meetings oft the Gunter City Councila asr needed. The Cityr may electt tol hirea and payaF Fire Chief, inw which eventt the Citya agrees toc consuita and seeki inputfromt the GVFRr regarding thes selection oft thel Fire  aGVFRmember.  the Gity, unlesst thep parties otherwisea agreei inv writing.  Lease Agreement Page3of8 3019-1047-0  Initials: Lessor  Lessee    Chief. The GVFR acknowledges and agrees that al Fire Chief hired and paid by the Cityi isa city employee, ands subjectt tot the City/spoliciesand; poceuresandsupenision SCTOMALAEOFAT:OMNPN EQUIPMENT,APPARATUSANDVEHCES  4.1 Lessor, inconsideration of the rents tol be paid and the covenants and agreements tol be performed and observed by Lessee, does hereby lease to Lessee the City-owned fire-fighting A. AllCity-ownedi fire: apparatus or vehicles with: agross vehiclev weighto of2 26,000 or more pounds shall only be operated by members with a Class BI license (asr required by Transportation Code Section 521.082), and who have received specific training on the operation oft thet fire apparatus/vehicle: and related equipment. City-owned fire: apparatus orvehicles witha a gross vehicle weighto oflesst than 26,000 poundss shall onlyb be operatedb by members whol have received specific trainingo on the operation oft the operation oft thef fire 8. The City-owned equipment, apparatus, andy vehicles arer maintainedi ing good repair, andr meeta ailf federala ands state requirementsi for usei ine emergency operations; C. Sufficient equipment, apparatus, and/orvehicles: area availablea ata allt timesto protect lives and property within the corporate limits oft the City: and surrounding area as definedk byt thel Interlocal Agreement with GraysonCounty. Lesseea agreest top pay renti inthea amount of$1.00a annually duringt thet term oft the Agreementi fort the City-ownedi fire-fightinge equipment, apparatus, and vehicles. 4.2 Lessora agreest toa allocatet funds through Lessor'sa annuall budget processt fort the maintenance, testing, andi repaird of City-owmned equipment, apparatus, and vehicles. 4.3 Thel Lessee may request thatt the Lessori includei ini its budget the purchase ofe equipment: and personal protection equipment. Based on Lessor's fiscal situation, Lessor may provide funding to SECTIONS5IEASEOFPORTONOFCIYBUIDINGIOCATIDATIOSNORTH4'STREET 5.1 Duringt thet termoft this Agreement, thel Lessor! herebyl leases tol Lesseea ap portionofthe Gityownedbuiding! located at 1051 North4 4" Street, Gunter, Texas 75058, mores sperifitrallyshownin Exhibit B( (the" "Leased Premises").L Lessees shalll have possessiona and control oft thel Leased Premises, including thet trainingr room, apparatus/vehicle! bays, livinga ands sleeping quarters, kitchen, dayroom,  equipment, apparatus, andy vehicles, provided:  apparatus/vehicle: andi relatede equipment;  sisyalopartdterges.  men'sa andy womenlsrestrooms; anda allf four offices (dispatcha and  Lease Agreement Page4of8 2019-10-17-02,  Initials: Lessor  Lessee    three offices on easts side of building). Lessee agrees to pay rent int the amount of $1.00 annually 5.2 The GVFRI leases the Leased Premises "as is/" and only has a dutyt to restore the Leased Premises toi its current condition, reasonable wear and tear accepted: and not required under the terms oft this Agreement tor restoret thel Leased Premises to" "new" condition. The Citya ati itse expense shallr makea allr necessaryr repairst tor majorr mechanicals systems, ther roofa andf foundation,: as wellasfor any damage causedk by defects ord deterioration oft thei mechanical: system, roof, orf foundation. 5.3 The Lessee may improve and alter the Leased Premises, provided that it receives the written consent oft thel Lessori fori ther modification. Anyi improvements or alterations must be made inav workmanlike manner utilizing good quality materials. Lessee: agreest thata anyi improvements or alterationsi itmakes that! become af fixture oft thel buildings shalll becomei the propertyo ofthelessora at 5.4 Provided thati it does not interfere with scheduled use by the City,t the GVFRI may use the Community Centeri inc connection" withi its operations underi this Agreementi by following City policy. Ift the Gty musts schedule use. of Training Room with the GVFR, the City Secretary shall keep a calendars schedulinge eventsf fort the Community Center, andthe City: ati itse expenses shallr maintaina and  duringt thet term oft the Agreementi fort thel Leased Premises.  thet termination ofthis Agreement.  makea any necessary repairst tot thisc common: areas. 5.5 Lesseer may nots subleta any portion oft thel Leased Premises, SECTION6:L IESSORSOBUGATIONS  6.1 Thelessora agreest toa allocatei fundst through thel Lessor'sannual budget process for Lesseet tou uset fori thet followinge expenses relatedi tot thec operationo oft the GVFR:  A. Utility bills for the Leased Premises, to include the cost for electric, natural gas, B. Fuel expenses associated with operation of equipment, apparatus, and vehicles in furtherance of fire protection, prevention, and emergency services operations in the corporate limits oft the Gityo of Gunter andi thes surrounding area: as defined byt thei interlocal C. Maintenance, testing, andr repair of City-owned equipment, apparatus, and vehicles, D. Purchase ofe equipment and personal protective equipment, as providedi in Section  telephone, internet, andy waters services; Agreement with Grayson County; asprovidedins Section43ofthis! Agreement; 4.3ofthisA Agreement;and  Lease Agreement Page5of8 209-10-1703  initials:Lessor  Lessee    E. wmyMoeAComyensin Coveragei fora activer volunteer membersofthe GVFRforinjuries: sufferedint thec course: and scoped ofv worki fort the GVFRduringt the performance ofi itss samec obligationsu undert this Agreement. 6.2 Thel Lessori furthers agrees to allocate ana amounti through the Gity's annuall budget process for the GVFR to use ini its discretion to fund its operations and the services required under this 7.1 Lessors shall maintain property: and casualty insurance coverage on City-owned, equipment, apparatus, and vehicles, asv well: ast thel buildingl located: at 105 North4 4" Street, Gunter, Texas 75058, ins sucha amounts ast top providef for replacement ofsaidp propertyi int thee event ofloss. 8.1 WITHOUT WAIVING ANYI RIGHTS, DEFENSES, ORI IMMUNITIES AFFORDED BV STATE LAW, THE GVFR AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CTY, IS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTION, OR LIABILITY (INCLUDING ALLI EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEYS' FEES) FOR PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH ARISINGI FROMORREATDTOTHE GVFRSUSEOFGIY-OWNED. PROPERIYORLEASED PREMISES, AND THE ACTS OR OMISSIONS OF THE GVFR MEMBERS. m IS THE EXPRESS INTENTION OF THE PARTIES THATT THIS INDEMNITY: SHALL APPLYWHETHER THE CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTIONS, ORL LIABILITIES ARISE INI WHOLE ORI INI PARTI FROMT THE NEGLIGENCE OF1 THEC CITYOF 8.2 Int the execution oft this Agreement, neither partyv waivesr nori intends tov waivea anyi immunity or defense, including but not limited to govemmental immunity, otherwise available toi ita against 9.1 Noticesu undert this Agreement: shallk bes givenk by personal deliveryorbyc certifiedmai,  Agreement. SECTION7AINSURANCE  SECTION8: INDEMNITY  GUNTER, ITSOFFICIALS, OFFICERS, AGENTS, OREMPLOYEES. claimsa arisingi int thes exercise ofgovernmental. powersa andf functions. retum receiptr requested, att thef followinga addresses:  SECTION9:NOTICES  CITY:  Mayor: and Gity Council Cityo of Gunter, Texas P.O. Box3 349 Gunter, Texas 75058  Lease Agreement Page6of8 301910-7-03  Initials:L Lessor  Lessee.    GVFR:  President Gunter Volunteer Firea and Rescue, Inc. P.O. Box1 115 105N.4"Street Gunter, Texas7 75058  SECTION1 10: ENTIRE AGREEMENT  10.1 This Agreement constitutes' the solea ande entire agreement oft the parties ands supersedes all prior written or oral agreements between the parties with respect to the subject matter of the Agreement. The headings of the various paragraphs of this Agréement are for convenience only, and shall not define, interpret, affect orp prescribe the meaning andi interpretation oft the provisions 10.2 This Agreement may only be: amended by the mutual written agreement of the parties. 11.1 This Agreement shall be binding on and inure to the benefit of the parties and their respective administrators, legal representatives, successors and assigns, provided, however, that the/ Agreement may not! bea assigned withouti the written consent ofboth parties.  ofthis/ Agreement.  SECTIONIESUCCESOIS, ANDA ASSIGNS  ECTONIZIEON/ESEE  12.1 Itisunderstood: and agreedt thatt the GVFRisat tenant. Nothing containedi in thisA Agreement shall be deemed or construed by the parties hereto or any other third parly to create the relationship of the principal and agent, partnership, joint venture, or of any other association  whatsoever betweent the! parties. SECTION13:AUTHORIYTOCONTRACT  13.1 The GVFR represents thati itp possess the practical ability and legal authority to enter into this Agreement, andt top perform thes servicest the GVFRisO obligated top performherein. 13.2 The persons signing this Agreement onl behalfo of the GVFRV warrants that hel has been duly authorized! byt the GVFR toe executet this Agreement on! behalf oft the GVFR, andt tok bind the GVFRto  thet termss setf forthl herein.  Lease Agreement Page7of8 2019-10--0B  Initials:Lessor  Lessee    13.3 The person signing this Agreement onl behalf of the Gity warrants that hel has been duly authorized byt the City Councilt to executei this Agreement, onk behalf oft the Gity, andi tok bind the Gity  tot thet termss seti forthl herein. SECTION14:GOVERNINGIAW  14.1 This Agreementi is governed byt the laws of the State of Texas, and venue for any action  concerningt this Agreementshall bein Grayson County, Texas. SECTION15:LEGAL CONSTRUCTION  15.1 Int the event one orr more oft the provisions containedi int this Agreement aret fora any reason held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall nota affecta any other provisions, andt the Agreements shalll be construed: asi ifsuchi invalid, illegal,  oru unenforceable provision! hadr neverk been containedinit.  CIYOFGUNTER,TEXAS mehmik  Printname MckMilr Title: Mayor  ATTESR  By: TnPaki AATPri Title: My  GUNTERVOLUNTERFREANDRESCUE INC BY: Bdh  MwPLGLl Title: Fire Chref  ATTEST: By:  DA Printname: Debabaines  Lease Agreement Page8of8 2019-10-1708  Initials: Lessor  Lessee    CITY COUNCIL MEETING September: 19, 2024 6:00 PM  GUNGERI  EST.1901  AGENDA ITEM #19  Discuss, consider, and act upon an Ordinance amending the City of Gunter Code ofOrdinance Ch.1, "General Provisions," Article 1.03, "City Council," to add provisions for two monthly  City Council meetings.  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED! BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  ORDINANCE NO.  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, AMENDING THE CITY OF GUNTER CODE OF ORDINANCE TO AMEND CHAPTER 1 "GENERAL PROVISIONS, ARTICLE 1.03, "CITY COUNCIL,"TO ADD PROVISIONS FOR TWO MONTHLY CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE  DATE.  WHEREAS, the City Council ofthe City of Gunter currently holds one monthly meeting WHEREAS, as the City of Gunter continues to grow and develop the need to consider issues of vital importance to city operations has required the City Council to conduct several  per month in accordance with $1.03.002 ofthe City of Gunter Code ofOrdinances; and  special meetings in order to address pressing matters in at timely manner; and  WHEREAS, it is difficult to avoid scheduling conflict when a special meetings is necessary, thus a second regular meeting each month would allow the City Council to address  important matters in timely manner; and  WHEREAS, in accordance with the Texas Local Government Code, chapter 22, Council of the City of Gunter should meet twice a month, as needed, to properly and timely address city business and to ensure the health, safety and welfare of the citizens of the City of  subchapter B, the governing body has determined by Resolution Number  that the City  Gunter.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE SECTION 1. The City of Gunter Code of Ordinances, Chapter 1 "General Provisions," Article 1.03, "City Council, $ 1.03.002 "Date, time and place of meetings," is hereby amended to  CITY OF GUNTER, TEXAS:  read as follows:  $1.03.002. Date, time and place ofmeetings.  The city council hereby/-delemmines-that-the-eity-ceumel shall have hold its regular meetings on the first and third Thursday of each calendar month. When appropriate, the mayor or mayor pro tem may instruct the city secretary not to cancel a scheduled and-pesta regular meeting, including but not limited to when the meeting would fall duringthe on a holidays, when it is known that a quorum will: not be available or when there is not sufficient city business to warrant ar meeting. Additional meetings of the city council may be scheduled as deemed appropriate and in accordance with state law. The exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. Meting-aalheamelaemyRtsalene  City of Gunter Ordinance No. (cgm:9/3/24)  Page 10 of2    Awsiww-----adawh.w  amiegnsyiaee"tMepewA  SECTION 2. Severability. If any section, subsection, article, paragraph, sentence, clause, phrase or word in this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall  remain in full force and effect.  SECTION 3. Repeal of Conflicting Ordinances. All ordinances, orders and resolutions heretofore passed and adopted by the City Council of the City of Forest Hill, Texas are hereby repealed to the extent said ordinances, orders or resolutions or parts thereof are in conflict herewith, except for the City's Zoning Ordinance unless repealed or amended consistent  with state law and city ordinance.  SECTION 4. Proper Notice and Meeting. Itis hereby officially found and determined that the meeting at which the Ordinance was passed was open to the public and that public notice oft the time, place and purpose of said meeting was given as required by the Open Meetings Act,  Chapter 551 ofthe Texas Government Code.  SECTION 5. Effective Date. This Ordinance shall be and become effective immediately upon and after its passage and publication as may be required by governing law.  ITISACCORDINGLY SO ORDAINED.  DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  GUNTER, TEXAS, THE  DAYOF  2024.  AYES NAYS ABSTENTIONS  CITY OF GUNTER, TEXAS Karen Souther, Mayor ATTEST:  Detra Gaines, City Secretary  City of Gunter Ordinance No. (cgm:9/3/24)  Page 2of2    CITY COUNCIL MEETING September 19, 2024 6:001 PM  GUNGERI IYL  EST.1901  AGENDA ITEM #20 Council meetings.  Discuss, consider, and act upon a. Resolution approving the scheduling of two monthly City  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: INANCIALIMPACT: N/A LEGALI REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  RESOLUTION NO.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, APPROVING SCHEDULING OF TWO MONTHLY CITY COUNCIL MEETINGS; MAKING FINDINGS; AND PROVIDING AN  EFFECTIVE DATE.  WHEREAS, the City Council of the City of Gunter currently holds one monthly meeting WHEREAS, as the City of Gunter continues to grow and develop the need to consider issues of vital importance to city operations has required the City Council to conduct several  per month in accordance with $1.03.002 oft the City of Gunter Code ofOrdinances; and  special meetings in order to address pressing matters in at timely manner; and  WHEREAS, it is difficult to avoid scheduling conflict when a special meetings is necessary, thus a second regular meeting each month would allow the City Council to address  important matters in timely manner; and  WHEREAS, in accordance with the Texas Local Government Code, chapter 22, subchapter B, the governing body shall meet at the time and place determined by a resultion  adopted by the governing body. CITY OF GUNTER, TEXAS:  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE SECTION 1. All of the above premises are found to be true and correct and are SECTION 2. The City Council of the City of Gunter, Texas hereby adopts the first and SECTION: 3. This Resolution shall be and become effective immediately upon and after  incorporated into the body ofthis Resolution, as ifo copied in their entirety. third' Thursday of the month as the regular meeting date for the governing body.  its passage.  ITISACCORDINGLY sO RESOLVED.  DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  GUNTER, TEXAS, THE  DAY OF  2024.  AYES NAYS ABSTENTIONS City ofGunter Resolution No. (cgm:9/3/24)  Page 1 of2    CITY OF GUNTER, TEXAS  Karen Souther, Mayor ATTEST:  Detra Gaines, City Secretary  City of Gunter Resolution' No. (cgm:9/3/24)  Page 2 of2    9 EST.1901  CITY COUNCIL MEETING September: 19,2024 6:00PM  GUNGERI  AGENDA ITEM #21  Discuss, consider, and act upon Authorizing an Online Community Software.  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    CITY COUNCIL MEETING September 19, 2024 6:00F PM  GUNERI 9  EST.1901  AGENDA ITEM #22  Discuss, consider, and act upon Approving and Authorizing the Request for Proposals (RFP) for  Bank Depository for the City of Gunter, Texas. AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTEDI BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    RFP for Bank Depository: Services August 23.202404:00p.m.  Date Opemeiseptember4.202  Opened By:Detra Gaines and Adam Adams  Vendor Legend Bank Texas Bank Simmons Bank  August 22, 202401:42p.m.  Jaimie Tesdahl  August 23, 2024 @10:40a.m. Jaimie Tesdahl August 23, 2024@12:45 p.m. Jaimie Tesdahl    LEGEND@BANG  August 15, 2024 City of Gunter Ms. Detra Gaines, City Secretary 105 North 4th Street P.O.Box 349 Gunter, TX 75058  Re: City of Gunter Bank Depository To whom iti may concern: participate ini the bid.  On behalf of Legend Bank, Iwantto thank the City of Gunter for allowing us to  As per your request, we have completed this request for proposal to be effective from October: 1, 2024, through September: 30, 2027. Deposit. accounts will be priced at standard rates. Variable rates are: subject to change without notice as set forth in the  account opening agreement and any subsequent re-disclosures.  Legend Bank is proposing a commercial analysis account fori the City of Gunter with standard monthly activity charges, along with an interest-Dearing ICS: sweep account. This sweep account is variable, currently offering an APY of 4% and provides liquidity & earnings on excess deposits. Additionally, ouri fee schedule has been attached for reference. *Rate is subject to change based on market  fluctuations and economic conditions.  Ify youl have any questions, please feel free to contact Kelli Espinosa, Branch Manager, at 903-640-5427 or Gina Arriola, VP Treasury Management at. 817-490-6742.  Sincerely, W Tonil Lucky Chief Retail Officer  101 WTarrant St e Bowie Texas 76365 0 P:940.872.2221 e F:940.872.6352 e legend-bank.com    YOUR ABILITY TO WITHDRAW FUNDS  CHECK CLEARING POLICIES  Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits willl be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before the close of a business day, we will consider that day to be the day of your deposit. However, if you make a deposit after close of business or on a day we are not open, we will consider that deposit was made on the next business day we are open. Our cut-off times for deposits to be credited on day of deposit are as of the posted closing time of each location. Deposits made during business hours on Saturday will be posted on the next business day. Funds deposited by Remote Deposit Capture or Mobile Capture the cut-off time is In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposit, however, may be available on the first business day. Ifv we are not going to make all oft the funds from your deposit available on thet first business day, we will notify you at thet time you make your deposit. We will also telly you when the funds will be available. Ify your deposit is notr made directly to one of our employees, ori if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you Ina addition, funds you deposit by check may be delayed fora a longer period under the following circumstances:  5:00pm.  LONGER DELAYS MAYAPPLY  should ask us when the funds will be available. 1. Wel believe a check you deposit will not be paid. 2. Checks deposited total more than $5,525 on any one day. 3. You re-deposit a check that has been returned unpaid. 4. Youl have overdrawn your account repeatedly in the last six months. 5. There is an emergency, such as failure of communications of computer equipment.  We will notify you if we delay a withdrawal of funds for any of these reasons, and will tell you when the funds will be available. The funds will generally be available no later than the seventh business day after the day of your deposit. Ify you are a new customer, the following special rules will apply during the first 30 days your account is open: Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on thet first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available on the ninth business day after the day ofy your deposit. If your deposit of these checks (other than al U.S. Treasury check) is not made in person to one of our employees, the first $5,525.00 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the ninth business day after the day ofy your deposit.  SPECIAL RULES FOR NEW ACCOUNTS  HOLDS ON OTHER FUNDS (Check Cashing) would have been available ifyou had deposited it. HOLDS ON OTHER FUNDS (Other Account)  If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed  If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the  time periods that are described elsewhere in the disclosure for type of check that you deposited.  FUNDS.s sfx rev 05/22/2020    LEGENDEBANK  Amendment B Service Fee Schedule  Treasury Management & Online Banking Fees (DDA Account Fees Apply. Please: see account Schedule)  Treasury Management Setup Fee One-time setup fee Business Online Banking Basic Online Access (Single User) Treasury Online Access (Multiple Users) ACH Fees (Automated Clearing House) Standard ACH Monthly Fee Per Item Fee Same Day ACH Monthly Fee Same Day Per Item Fee Same Day ACH on Demand ACH File Reversal Per File Fee Return Item Fee Wire Fees Monthly Fee-Wire module Outgoing Wire Fee (online) Incoming' Wire Fee Remote Deposit Capture (RDC) Monthly Fee (1 100i items) Small Business RDC ( 100i items) Scanner Lease Positive Pay Fees Each Additional Account Exceptionl Items Paid Exception Items Returned Other Internal Online Transfers Stop Payment Online Sweep Automation Monthly Fee Tax Payments  $50.00 Free Free $35.00 $0.126 each $40.00 $0.30 each $15.00 per day $20.00 each $7.50each Free $6.00 each Free $15.00 each Free $40.00 $35.00 Free $20.00 $20.00 $1.00 each $2.00 each Free $33.00 each $25.00 $2.00each  Centrix ACH Reporting Only NOCRetumsAdaenda, Monthly $20.00  NOC Violations (Notification of Change)  Check/ACH Positive Pay & Account Reconciliation (15T Acct) $50.00  ACH Reporting Service NOCRetumsAdoenda,  Info Reporting SFTP (Secure File Transfer Protocol) Monthly Fee $20.00  *Other Business/Consumer account fees may apply. **Fees and charges subject to change according to bank's overall changes. ***Fees apply unless otherwise waived or negotiated by bank officer.    LEGEND@BANK  Performance Business Checking Treasury Management  For the business with higher transaction activity that wants to use their account balances tol help  offset fees.  Minimum balance to open: Monthly maintenance fee: Analysis Fees: Electronic items are free Debits/Checks Credits/Deposits Deposited Items (on us and not on us) Paper Statement Reserve Requirement fees for the month. Basic Business Online Banking (inquiry, transfers) Bill Pay Service Unlimited payments/month  $100.00 $12.50  Fees can be offset with earnings credit based on collected account balances.  $ ( 0.15 $ 0.35 $ 0.10 $ 6.00 10%  Av variable ratel Earnings Credit is applied to the account'savailable balance to assist in offsetting  Free  Free  Treasury Management Online Banking available upon request with additional access to Wire transfers, ACH, and Remote Deposit Capture. Fee based on modules accessed  *E-Statement Enrollment (includes account notices)  To sign up: forl E-statements please visit our website, www.Legend.Bank and click "Enroll Now -I Business Online Banking". You may also visit one of our branches sO that we may enroll your Sign upi for E-statements by logging ini to Online Banking. Click Services" and "Statements & Notices". Approve E-Statement & Document Delivery Agreement then enroll each account Note: A fee may be assessed to receive aj paper statement for some products. Yous may sign up  business account in online banking.  separately.  for E-statements to avoid aj paper statement fee.    IntraFi. I ICS  Cash management today for government finance officers  Safety. Return. Freedom. Now you can access ita all for your organization! Through ICS, IntraFi Cash Service'M, government depositors, like you, can make millions eligible for FDIC insurance while earning returns that may compare favorably with other government-backed options. You also save time, receiving detailed reporting  that keeps you confidently in control.  Enjoy peace of mind. With ICS, you can access millions of dollars in FDIC insurance all through a single bank relationship with us, a bank you already know and trust. Earn a return. Earn interest at a rate set by us. Funds placed through ICS may earn returns that compare favorably to Treasuries and government money market mutual funds and avoid the risks associated with prime money Simplify and save time. By providing access to FDIC insurance, ICS can help your organization comply withi investment policy mandates and avoid the hassles associated with ongoing collateral-tracking or having to footnote uninsured deposits in financial statements. Gain transparency. Reporting shows balances, transactions, interest, and other important details associated with your accounts. You also enjoy 24/7 access to information online. Manage liquidity. Enjoy access to funds placed through ICS into demand deposit accounts.  Support the community. Feel good knowing that the full amount ofy your funds can stay local to support lending opportunities that build a  stronger community." How does ICS work?  We, like other institutions that offer ICS, are members oft the IntraFi network. When we place your deposit through ICS, that depositi is divided into amounts under the standard FDIC insurance maximum of $250,000. The amounts are then placed into deposit accounts at multiple, FDIC-insured banks. As a result, you can access FDIC coverage from many institutions while working directly just with us. Receive one statement from our bank and, as always, know that your confidential information  market mutual funds.  isp protected.  LEGENDEBANK  Treasury Management 855-235-7599  Member FDIC  [1When depositedfunds: aree exchangedons ac dollar-f for-dollark basisv witho otheri institutionst that usel ICS, ourb bank canu uset thef fulla amount ofa depositp placedt through ICS for locallending,s satislyingsome depositors" locali investmentgoalsor: mandates. Alternatively, withad depositor's consent, ourk bankr mayio chooset tor receivef feei incomei insteadof Depositp phscamenthouphCpABs. or ICSiss subjecttot thet terms, conditions, and disclosuresina applicable agreements.. Although deposits arep placedi ini incrementst thato do not exceedthe FDICs standardr maximumo depositi insurancea amounteSMDIA7at: anyo one destinationb bank,a depositorsbalances: att thei institutiont thaty places depositsi maye exceed thes SMDIA (e.g., befores settlementf ford depositsora afters settlementfor withdrawals)or! beu uninsured(ifthe) placingir institutionisr nota ani insured bank). Thec depositor must make any necessarya arrangementst top protectsuch! balances consistentv witha applicablel lawa andr musto determinev whetherp placementt through CDARS orl ICSs satisfies anyr restrictions onits deposits. Ali listic identifyingln IntraFin network banks appearsa at https:/ lomwintahicm-nshon4 banks. Thec depositorn mays excludel banksf frome eligibilitytor receivei itsf funds. IntraFi  depositsf from otherp Patidpatinginatiuionsl Undert thesec circumstances, depositedf fundsv wouldn not bea availablef for locallending. andl ICSa arer registeredservicer marks, andt thel IntraFil hexagona andl Intrafik logo are: servicer marks, ofintraFi Network LLC.  PUDDDA 1222    ICS for Public Funds In the State of Texas Texas Statutes Title 10. General Government Chapter 2256. Public Funds Investment Sec. 2256.002. Definitions Int this chapter:  Subtitle F. State and Local Contracts and Fund Management  (7)"Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)1)or( (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, al hospital district, and any political subdivision, authority, public corporation, body politic, ori instrumentality of the State of Texas, and any nonprofit corporation Sec. 2256.009. Authorized Investments: Obligations of, or Guaranteed by  acting on behalf of any of those entities. Governmental Entities.  (a) Except as provided by Subsection (b), thef following are authorized investments under  this subchapter:  (4) other obligations, the principal andi interest of which are unconditionally guaranteed orinsured by, or backed byt thet full faith and credit of, this state ort the United States or their respective agencies and instrumentalities, including obligations thata are fully guaranteed ori insured by the Federal Deposit Insurance Corporation or byt the explicit  full faith and credit oft the United States;  Seel Texas Attorney General, Opinion No. GA-08324 (Jan. 12, 2011)(noting that" "Wel havef foundr nothingi ins statutory or casel lawt thatv would indicate thata a demand accounto cannotk be properly deemed an' other obligation' unders section 2256.0090 oft the Government Code.")  0721    NOTICE OF REQUEST FOR PROPOSALS = Bank Depository Services for the City of Gunter, Texas  Due Date: August 23, 2024  Introduction:  Ina accordance with the provisions of Chapter 105 oft the Texas Local Government Code, The City of Gunter, Texas, hereinafter referred to as "the City" will accept sealed Proposals for Bank Depository Services until 4:00 P.M., August 23, 2024. Proposals will be opened on July 23, 2024 at 8:00 a.m. at the City of Gunter, City Hall,  Bid Proposals received after this time will not be considered.  105 N. 4th Street, Gunter, TX 75058.  Attendance by the bidder is not required.  However, all interested parties are invited to attend the bid opening.  Submissions:  All Proposals must be sealed and contain 3 copies - one (1) original and two (2) copies. The outside oft the envelope must be clearly marked: "RFP for Bank Depository Services", and sent to the attention of Ms. Detra Gaines, City Secretary, City of Gunter, 105 North The City will not be responsible for delays or failure by the U.S. Postal Service or any other courier system to deliver the sealed proposals to the City by the given deadline date listed above. Electronic transmission or facsimile of Proposals will not be accepted. The City reserves the right to reject any or all responses and to waive irregularities contained therein and to accept any response deemed most advantageous to the City. Evaluation of proposals will be made based on the following criteria and not necessarily  41h Street, P.O. Box 349, Gunter, TX 75058.  Selection Criteria: ini the order listed:  a) Location and hours of operation  b) Financial strength oft the institution (safety and creditworthiness) C) Bank's availability of requested or required services including any additional  services offered d) Cost of services Award of Bid:  The City of Gunter, City Council, as the governing body for the City, will consider all valid proposals and take action to award the bank depository contract at the City Council regularly scheduled meeting on Thursday, September 19, 2024at6:00 p.m. and held at the Gunter City Hall at 105 N. 4th Street, Gunter, TX. 75058.    Contract Term:  The term of the contract shall begin October 1. 2024. The initial term of the agreement shall bei for three years, with two automatic renewals of one year each, unless either party gives notice of intent not to renew the contract at least sixty days prior to the renewal date. In accordance with state law, the term of the agreement and any The bank agrees to honor and continue any investments made during the term of this agreement that will mature after the expiration date at the same rate of interest. The City expressly reserves the right to terminate the depository agreement with or without cause at any time by providing written notice to the bank to close its accounts. The bank's records relating to the City accounts shall be open to review by either City staff members  renewals shall not exceed five years.  or City appointed independent auditors during normal business hours.  Requested or required Banking Services: specific cost to the City for each of these services.  This section addresses the services requested to be provided by the bank under this agreement. Attachment A is a list of services individually and the bank must provide the The City is requesting a list of banking services provided by the bidding depository bank, including but not limited to the following; daily deposits made by the City, on-line banking services including but not limited to daily activity and daily balance reporting, credit card services, wire transfer services, ACH deposits into the City's accounts, Positive Pay through automated web transmission as part of each check run by the City, overdraft protection, stop payment processes and sweep account availability. An attachment of request for these services is provided to this document for the bidding bank to complete By utilizing Legend Bank's Online Banking services, the city will have access to a web based, cash management platform with. Online Banking allows you to: View real-time, running balances and daily activity on accounts Review account activity on all Legend Bank accounts Research check items and view check images Research deposit items and view deposit images Access online bank statements and notices Facilitate payments via ACH origination Manually enter or upload positive pay files  with regards to availability and costs of the services.  Add Stop Payments Process wire transfers  The bank must guarantee immediate credit on all incoming wire transfers and U.S. Treasury checks upon receipt and all other checks based on the bank's published availability schedule. The bank must specify in its proposal its deposit requirements and  deposit locations including night deposit services and procedures. Bank's Funds Availability policy is included. See Attachment B.  The City currently has one (1) bank account totaling an estimated balance as of 6/28/2024 of $5,859,269.30. This account should be considered collection and disbursement accounts. The account should all be considered interest bearing accounts unless    specific instructions are otherwise provided by The City.  Legend Bank is proposing a commercial analysis account for the City of Gunter with standard monthly activity charges along with an ICS sweep account. This will help optimize liquidity and maximize earnings on excess deposits. ICS sweep account is variable, currently offering an APY of 4%. **Rate is subject to change Additionally, our full fee schedule is included for reference. See attachment C. To assure a close working relationship, toi facilitate available services, and to support local business, the City may give priority of this RFP toi those banks with full-service capabilities Investment of funds, safekeeping of City Securities and collateralizing of City Purchases or Certificates of deposits or other time deposits and investments may be made at the direction of the city. The City reserves the right to purchase, sell and invest its funds and funds under its control in accordance with Government Code Chapter 2256, the Public Funds Investment Act, Texas Revised Civil Statues, as amended. Collateralization of deposits shall be in accordance with the Texas Local Government Code Chapter 105 and shall be at one hundred and two percent (102%) of the total of deposits of the City. Collateral shall be approved by the City Council members through regular scheduled meetings of the City. Collateral may not be replaced by alternate collateral without the specific written authorization of the City Council through their  based on market fluctuations and economic conditions.  within the City limits. deposits:  regularly scheduled meetings.  The bank selected will be required to secure the City's deposits that exceed the amount insured by the Federal Deposit Insurance Corporation and in accordance with Chapter  105 of the Texas Local Government Code as follows:  1) Posting a surety bond, if approved by the City, payable to and filed with the City and issued by a solvent surety company authorized to do business ini the State of 2) By depositing or pledging at the Federal Reserve Bank of Dallas or such other third party entity as approved by the City ('the safekeeping bank"), approved securities having a market value of at last 102% oft the total amount of City funds on deposit ine excess oft the Federal Deposit Insurance corporation coverage AND to maintain said deposit(s) and pledge(s) at all times during the terms of this agreement. Approved securities shall mean only securities and safekeeping receipts authorized by law to secure the deposits of cities in the State of Texas. The depository bank may substitute approved securities in the pledged amount only through the express written approval by the City Council through their regular 3) A collateral statement shall be provided to the City by the depository bank on a monthly basis. All collateral shall be subject to inspection and audit by the City's  Texas, or  scheduled meetings. independent auditors.    Bank will collateralize any deposits in excess of FDIC coverage thru IntraFi's CDARS and ICS products. All collateralization will comply with the Public Monthly statements are provided to the city via USPS and are available online.  Funds Investment Act. See attachment D.  Depository Contract:  The successful bank will be required to execute a depository contract provided by the City incorporating the terms and conditions oft this bid request and the bank's proposal as mutually accepted by both parties (the Bank and the City). The depository contract shall provide the City a right to cancel at any time upon ninety (90) days written notification int the event the Bank breaches or violates the terms of the contract or other  proposal documents.  Bank agrees to this contract requirement.  Resolutions:  The successful bank shall provide to the City a resolution authorizing signature of the contract by the bank officer. The City will, by resolution, authorize execution of the contract by the Mayor and shall provide the bank with such resolution. The resolution willi include the name of the Depository Bank's Account Executive assigned to the accounts to coordinate the services requestedrequired and expedite the solution of City's any  problem.    Attachment, A: This section lists services requested or required to be provided  the bank under this agreement:  by  Service Account Maintenance Daily balance reporting Credits posted Debits posted ACH processing Returned checks Direct Deposit Reconciliation Deposits Stop payments  Unit Charae Per month Per month Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per item Per transaction  Cost of Service 12.50 20.00 (SFTP! balance reporting) .15 35.00 Monthly 6.00 .35 33.00  50.001 Monthly included w/ Positive. Pay  Wire transfers- incoming Per transaction Wire transfers- outqoinq Per transaction  15.00 online/25.00 inb branch  Disposable bank baqs Positive pay On-line services (required): Please list specific service and charge Sweep automation Printed statement fee Wires International sweep Interest Rate: 4.85 % CDARS - 13 week Credit Card Services  Per month Per month Pert transaction  25.00 6.00 60.00 (variable) Asof8 8/15/2024 Not available  Interest Rate: 4% IntraFi ICS Per account  Certificates of Deposit Provide documentation    YEKAS BANK  Member FDIC  8/22/2024 City of Gunter 105 North 4th Street P.O. Box 349 Gunter, TX75058 Dear Ms. Detra Gaines,  Attention Ms. Detra Gaines, City Secretary  Thank you for the privilege of bidding to be the Depository of City of Gunter, Texas.  This proposal is valid for 180 days from the submission date. Tied to the Fed funds rate, current rate 5.50% APR; 5.64% APY Tied to the Fed funds rate, current rate 5.50%. APR; 5.64% APY  Commercial Interest Checking: Interest Savings:  Ina addition, accounts held with Texas Bank for City of Gunter will incur no monthly service, transaction fees, or be aggregated for Account Analysis. Partnership also includes fee-free services on:  ACH Services - Collections, Direct Deposit Positive Pay Files Remote Deposit Capture Services  Texas Bank will provide collateral equal to 102 percent ofa all time and demand deposits plus accrued interest minus applicable Federal Deposit Insurance Corporation (FDIC) coverage. Texas Bank will pledge bonds and/or LOC at the Federal Home Loan Bank in sufficient amounts to cover the Deposits.  Ify you have any questions, please contact me at 903-712-0055.  Senior Vice President  N  wwwiteasbnk.com- Toll Free: 844-319-6684    NOTICE OF REQUEST FOR PROPOSALS = Bank Depository Services for the City. of Gunter, Texas  Due Date: August 23, 2024  Introduction:  Ina accordance with the provisions of Chapter 105 of the Texas Local Government The City of Gunter, Texas, hereinafter referred to as "the City" will sealed Proposals for Bank Depository Services until 4:00 P.M., August accept 23, 2024. Bid Proposals received after this time will not be considered. Proposals will be opened on July 23, 2024 at 8:00 a.m. at the City of Gunter, 105 N. 4th Street, Gunter, TX 75058. Attendance by the bidder is not City required. Hall, However, alli interested parties are invited to attend the bid opening.  Code,  Submissions:  All Proposals must be sealed and contain 3 copies - one (1) original and two (2) The outside oft the envelope must be clearly marked: "RFP for Bank Depository Services", copies. and sent to the attention of Ms. Detra Gaines, City Secretary, City of Gunter, 105 North The City will not be responsible for delays or failure by the U.S. Postal Service or other couriers system to deliver thes sealed proposals to the City by the given deadline date any listed above. Electronic transmission or facsimile of Proposals will not be accepted. The City reserves the right to reject any or all responses and to waive contained therein and to accept any response deemed most advantageous to irregularities the City. Evaluation of proposals will be made based on the following criteria and not necessarily b) Financial strength of the institution (safety and creditworthiness) c) Bank's availability of requested or required services including any additional  4th Street, P.O. Box 349, Gunter, TX 75058.  Selection Criteria: ini the order listed:  a) Location and hours of operation services offered d) Cost of services Award of Bid:  The City of Gunter, City Council, as the governing body for the City, will consider all valid proposals and take action to award the bank depository contract at the City Council regularly scheduled meeting on Thursday, September 19, 2024 at 6:00 p.m. and held at the Gunter City Hall at 105 N. 4th Street, Gunter, TX. 75058.    Contract Term:  The term of the contract shall begin October 1, 2024. The initial term of the agreement shall bei for threey years, with two automatic renewals of one year each, unless either party gives notice of intent not to renew the contract at least sixty days prior to the renewal date. In accordance with state law, the term of the agreement and any The bank agrees to honor and continue any investments made during the term of this agreement that will mature after the expiration date at the same rate of interest. The City expressly reserves the right to terminate the depository agreement with or without cause at any time by providing written notice to the bank to close its accounts. The bank's records relating to the City accounts shall be open to review byeither City staff members or City appointed independent auditors during normal business hours. This section addresses the services requested to be provided by the bank under this agreement. Attachment A is a list of services individually and the bank must provide the The City is requesting a list of banking services provided by the bidding depository bank, including but not limited to the following; daily deposits made by the City, on-line banking services including but not limited to daily activity and daily balance reporting, credit card services, wire transfer services, ACH deposits into the City's accounts, Positive Pay through automated web transmission as part of each check run by the City, overdraft protection, stop payment processes and sweep account availability. An attachment of request for these services is provided to this document for the bidding bank to complete The bank must guarantee immediate credit on all incoming wire transfers and U.S. Treasury checks upon receipt and all other checks based on the bank's published availability schedule. The bank must specify in its proposal its deposit requirements and The City currently has one (1) bank account totaling an estimated balance as of 6/28/2024 of $5,859,269.30. This account should be considered collection and disbursement accounts. The account should all be considered interest bearing accounts unless specific instructions are otherwise provided by The City. Toassure: a close working relationship, tot facilitate available services, and to support local business, the City may give priority of this RFP toi those banks with full-service capabilities Investment of funds, safekeeping of City Securities and collateralizing of City Purchases or Certificates of deposits or other time deposits and investments may be made at the direction oft the city. The City reserves the right to purchase, sell and invest its funds and funds under its control in accordance with Government Code Chapter 2256, the Public Funds Investment Act, Texas Revised Civil Statues, as amended.  renewals shall not exceed five years.  Requested or required Banking Services: specific cost to the City for each of these services.  with regards to availability and costs of the services.  deposit locations including night deposit services and procedures.  within the City limits. deposits:    Collateralization of deposits shall be in accordance with the Texas Local Government Code Chapter 105 and shall be at one hundred and two percent (102%) of the total of deposits of the City. Collateral shall be approved by the City Council members through regular scheduled meetings of the City. Collateral may not be replaced by alternate collateral without the specific written authorization of the City Council through their The bank selected will be required to secure the City's deposits that exceed the amount insured by the Federal Deposit Insurance Corporation and in accordance with Chapter 1) Posting a surety bond, if approved by the City, payable to and filed with the City and issued by a solvent surety company authorized to do business in the State of 2) By depositing or pledging at thel Federal Reserve Bank of Dallas ors such other third party entity as approved by the City ("the safekeeping bank"), approved securities having a market value of at last 102% oft the total amount of City funds on deposit ine excess of the Federal Deposit Insurance corporation coverage. AND to maintain said deposit(s) and pledge(s) at all times during the terms of this agreement. Approved securities shall mean only securities and safekeeping receipts authorized by law to secure the deposits of cities in the Staté of Texas. The depository bank may substitute approved securities in the pledged amount only through the express written approval by the City Council through their regular 3) A collateral statement shall be provided to the City by the depository bank on a monthly basis. All collateral shall be subject to inspection and audit by the City's  regularly scheduled meetings.  105 of the Texas Local Government Code as follows:  Texas, or  scheduled meetings. independent auditors. Depository Contract:  The successful bank will be required to execute a depository contract provided by the City incorporating the terms and conditions of this bid request and the bank's proposal as mutually accepted by both parties (the Bank and the City). The depository contract shall provide the City a right to cancel at any time upon ninety (90) days written notification in the event the Bank breaches or violates the terms of the contract or other  proposal documents. Resolutions:  The successful bank shall provide to the City a resolution authorizing signature of the contract by the bank officer. The City will, by resolution, authorize execution oft the contract by the Mayor and shall provide the bank with such resolution. The resolution willi include the name of the Depository Bank's Account Executive assigned to the City's accounts to coordinate the services requestedrequired and expedite the solution of any  problem.    Attachment A: This section lists services requested or required to be provided  the bank under this agreement:  by  Service Account Maintenance Daily balance reporting Credits posted Debits posted ACH processing Returned checks Direct Deposit Reconciliation Deposits Stop payments Disposable bank bags Positive pay On-line services (required): Please list specific service and charge  Unit Charge Per month Per month Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per item Per transaction  Cost of Service No Fee  Wire transfers - incoming Per transaction Wire transfers - outgoing_ Per transaction  NFec  Interest Rate: Interest Rate: Credit Card Services  Per account Certificates of Deposit Provide documentation  Ticl to fedFkbet Gureat 813344 SSDAPA)  5,64 AE    Simmons Bank.  08/23/2024 City of Gunter 105 N. Hall Street Gunter, TX75058 To Whom It May Concern, Services tot the City of Gunter.  Simmons Banki is pleased tol have the opportunity to present this proposal for Commercial Banking  At Simmons Bank, we live for helping our customers. Wer realize that every client has different needs, sO we: strive to offer the right products and services to meet those. needs. By taking the time to understand the City of Gunter's current needs and future aspirations, we can ensure you have the right mix of products and services needed to meety your goals. AIlI by providing everything in one friendly and convenient place. Simmons Bank is dedicated to the philosophy that people make a difference. Starting 120 years ago as a small, hometown bank in Pine Bluff, Arkansas, we've grown stronger ever since. Our footprint extends to over 2001 locations across the states of Arkansas, Kansas, Missouri, Oklahoma, Tennessee, and Texas. Our success has been built on a commitment to continually provide our customers with the best possible banking experience. While much has changed since 1903--especially. in the field of technology-banking is still very much a  people business. And that's what we aim toy prove toy you. So why should you consider banking with Simmons Bank?  We offer best-in-class treasury management products and services, while providing the local customer We offer competitive rates on our lending solutions and encourage yout to meet with our decision-makers We believe in building relationships with an overall team approach-including your local team, as well as We make the transition to Simmons Bank as easy as possible. We are on your timetable and create an  service supporty you deserve. ata anyt time. our executive leadership team.  implementation plan that works best for yours schedule.  Sincerely,.  ctdan Autumn Lawson Treasury Management Officer I, VP 921 N. 8thSt. Gunter, TX 750589032147944180 Autumn.lawson@simmonsbank.com    NOTICE OF REQUEST FOR PROPOSALS - Bank Depository Services for the City of Gunter, Texas  Due Date: August 23, 2024  Introduction:  Ina accordance with the provisions of Chapter 105 of the Texas Local Government Code, The City of Gunter, Texas, hereinafter referred to as "the City" will sealed Proposals for Bank Depository Services until 4:00 P.M., August accept 23, 2024. Bid Proposals received after this time will not be considered. Proposals will be opened on July 23, 2024 at 8:00 a.m. at the City of Gunter, City Hall, 105 N. 4th Street, Gunter, TX 75058. Attendance by the bidder is not required.  However, all interested parties are invited to attend the bid opening.  Submissions:  All Proposals must be sealed and contain 3 copies - one (1) original and two copies. The outside of the envelope must be clearly marked: "RFP for Bank Depository (2) Services", and sent to the attention of Ms. Detra Gaines, City Secretary, City of Gunter, 105 North The City will not be responsible for delays or failure by the U.S. Postal Service or any other courier system to deliver the sealed proposals to the City by the given deadline date listed above. Electronic transmission or facsimile of Proposals will not be accepted. The City reserves the right to reject any or all responses and to waive irregularities contained therein and to accept any response deemed most advantageous to the City. Evaluation of proposals will be made based on the following criteria and not necessarily  41h Street, P.O. Box 349, Gunter, TX 75058.  Selection Criteria: ini the order listed:  a) Location and hours of operation  b) Financial strength of the institution (safety and creditworthiness) c) Bank's availability of requested or required services including any additional  services offered d) Cost of services Award of Bid: 13  The: City of Gunter, City. Council, as the governing body for the. City, will consider all valid proposals and take action to award the bank depository contract at the City Council regularly schèduled meeting on Thursday, September 19, 2024 at 6:00 p.m.  and held at the Gunter City Hall at 105 N. 4th Street, Gunter, TX. 75058.    Contract Term:  The term of the contract shall begin October 1. 2024. The initial term of the agreement shall bei fori three years, with two automatic renewals of one year each, unless either party gives notice of intent not to renew the contract at least sixty days prior to the renewal date. In accordance with state law, the term of the agreement and any The bank agrees to honor and continue any investments made during the term of this agreement that will mature after the expiration date at the same rate ofi interest. The City expressly reserves the right to terminate the depository agreement with or without cause at any time by providing written notice to the bank to close its accounts. The bank's records relating to the City accounts shall be open to review by either City staff members  renewals shall not exceed five years.  or City appointed independent auditors during normal business hours.  Requested or required Banking Services: specific cost to the City for each of these services.  This section addresses the services requested to be provided by the bank under this agreement. Attachment Ai is a list of services individually and the bank must provide the The City is requesting a list of banking services provided by the bidding depository bank, including but not limited to the following; daily deposits made by the City, on-line banking services including but not limited to daily activity and daily balance reporting, credit card services, wire transfer services, ACH deposits into the City's accounts, Positive Pay, through automated web transmission as part of each check run by the City, overdraft protection, stop payment processes and sweep account availability. An attachment of request for these services is provided to this document for the bidding bank to complete Response: Simmons Bank has a full suite of banking services to accommodate the City's depository needs. Please see attached proforma which includes a listing of our offerings.  with regards to availability and costs of the services.  Upon bid award, our team will discuss adding solutions as needed.  The bank must guarantee immediate credit on all incoming wire transfers and U.S. Treasury checks upon receipt and all other checks based on the bank's published availability schedule. The bank must specify in its proposal its deposit requirements and The City currently has one (1) bank account totaling an estimated balance as of 6/28/2024 of $5,859,269.30. This account should be considered collection and disbursement accounts. The account should all be considered interest bearing accounts unless specific. instructions are. otherwise provided by The City. Toassure: a close working relationship, to facilitate availablé services, and to support local business, the City may give priority of this RFP to those banks with full-service capabilities Investment of funds, safekeeping of City Securities and collateralizing of City Purchases or Certificates of deposits or other time deposits and investments may be made at the direction of the city. The City reserves the right to purchase, sell and invest its funds and funds under its control in accordance with Government Code Chapter 2256,  deposit locations including night deposit services and procedures.  within the City limits. deposits:    the Public Funds Investment Act, Texas Revised Civil Statues, as amended.    Collateralization of deposits shall be in accordance with the Texas Local Government Code Chapter 105 and shall be at one hundred and two percent (102%) of the total of deposits of the City. Collateral shall be approved by the City Council members through regular scheduled meetings of the City. Collateral may not be replaced by alternate collateral without the specific written authorization of the City Council through their Response: Simmons Bank has the ability to retain the City's current collateralization structure ina accordance with the Texas Local Government Code Chapter 105. We also have the ability to provide FDIC insurance on all funds via Insured Cash Sweeps. We are happy to discuss The Insured Cash Sweep (ICS) functions by dividing funds and utilizing a network of FDIC- insured banks to hold these funds nightly, ensuring complete FDIC coverage for the total Ad designated balance will be established, and any amount exceeding that balance will be transferred nightly. All deposits in the ICS sweep will bet fully insured by the FDIC and will accrue interest, which is calculated daily and credited monthly. Ift the account requires funds to cover any debits, a transfer from the ICS will be executed automatically to reach the target balance on the account-no action is necessary on the part oft the customer. The standard interest rate for an ICS sweep account is 0.10%. However, this rate is subject to increase based ont the overall business relationship and market approval. Simmons Bank offers competitive rates in each market, determined by the prevailing Fed Fund rate. Following confirmation of an approved rate increase, it will be applied to the ICS sweep, allowing for monthly interest accrual. All funds within the operating account will be swept, excluding the $250,000 target balance. A monthly charge of $150 for the ICS will be itemized on the monthly ànalysis statement. The Earnings Credit on the analysis statement will counterbalance this fee (including others on the statement) based on any remaining balances in the operating account.  regularly scheduled meetings.  further upon bid award.  Information on Insured Cash Sweep Accounts  balance in the sweep.  The bank selected will be required to secure the City's deposits that exceed the amount insured by the Federal Deposit Insurance Corporation and in accordance with Chapter  105 of the Texas Local Government Code as follows:  1) Posting a surety bond, if approved by the City, payable to and filed with the City and issued by a solvent.surety company authorized to do business in the State of 2) By. depositing or pledging at the Federal Reserve Bank of Dallas or such. other third party entity as approyed by the City ("the safekeeping bank"), approved securities, having a market value of at last 102% of the total àmount of City funds, on deposit in excess of the Federal Deposit Insurancé. corporation coverage AND to maintain said deposit(s) and pledge(s) at all times during the, terms of this agreement. Approved securities shall mean only securities and safekeeping receipts authorized by law to secure the deposits of citiès in the State of Texas.: The depository bank may substitute approved securities in the pledged amount only through the express written approval by the City Council through their regular  Texas, or  scheduled meetings.    3) A collateral statement shall be provided to the City by the depository bank on a monthly basis. All collateral shall be subject to inspection and audit by the City's  independent auditors. Depository Contract:  The successful bank will be required to execute a depository contract provided by the City incorporating the terms and conditions of this bid request and the bank's proposal as mutually accepted by both parties (the Bank and the City). The depository contract shall provide the City a right to cancel at any time upon ninety (90) days written notification in the event the Bank breaches or violates the terms of the contract or other  proposal documents. Resolutions:  The successful bank shall provide to the City a resolution authorizing signature of the contract by the bank officer. The City will, by resolution, authorize execution of the contract by the Mayor and shall provide the bank with such resolution. The resolution will include the name oft the Depository Bank's Account Executive assigned to the accounts to coordinate the services equested/required and expedite the solution of City's any  problem.    Attachment A: This section lists services requested or required to be provided by  the bank under this agreement: Please see attached fee chedule/proforma.  Service Account Maintenance Daily balance reporting Credits posted Debits posted ACH processing Returned checks Direct Deposit Reconciliation Deposits Stop payments Disposable bank baqs Positive pay On-line services (required): Please list specific service and charge  Unit Charge Per month Per month Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per transaction Per item Per transaction  Cost of Service  Wire transfers incoming Per transaction Wire transfers outqoinq Per transaction  Interest Rate: 4.32% Interest Rate: Credit Card Services  Per account over $1.2MM in Non-Interest Bearing Account Certificates of Deposit Provide documentation  Bid at the time of investment Please see attached    Simmons Bank.  Table of Contents  1. LetterofTransmittal 3. Simmons Bank Team 4. Bid Form 5. Attachments a. Fee Proforma b. Business Credit Card Information C. Insured Cash Sweep 6. Legal Exceptions 7. Pledgee. Agreement Form  2. Simmons Bank Background & Financial Information    Simmons Bank Team and Branch Location  Simmons Bank's client-centric approach ensures that clients are paired with an account officer/primary contact that is best suited to understand the client's needs and provide best-in-class customer. service.  Branch Contacts:  Josh Gurski, Community President losh.Gurski@simmonsbank.com 903.814.0288 Abby Hazelwood, Financial Center Manager ADDy/.nazelwood@simmonsbank.com 903.462.1376 Ally Baker, Relationship Banker MrChmmentankcon 469.796.4647 Mary Arrington, Relationship Banker Mary.Arrington@simmonsbank.com 469.796.4668  Treasury Management Contacts:  Autumn Lawson, Treasury Management Officer Autumn.awson@simmonsbank.com rttanymelton@smmmonsbank.com  214.559.7051 903.375.0211  Brittany Melton, Treasury Management Portfolio Manager  Location:  Closest Simmons Bank location is 1.0 miles from The City of Gunter.  Nearest Locations: 921 N. gth Street  Lobby Hours: Monday through Thursday, 9am-4pm and Friday's 9am-5pm  Drive-thru Hours: Monday through Friday, 9am-5pm    Simmons First National Corporation  First Quarter 2024  Corporate Profile  Simmons First National Corporation (NASDAQ: SFNC)isa Mid-South basedf financial holdingo companyt thath has paid cash dividends toi itss shareholders for 1150 consecutive years. Itsp principal subsidiary, Simmons Bank; operates 233 financial centersi inA Arkansas, Kansas, Missouri, Oklahoma, Tennessee: and7 Texas. Foundedi in1 1903, Simmons Bank offers comprehensive financials solutions delivered with aclient-centric: approach. In2 2023, Simmons Bank was recognized by Forbes as one of America's Best Midsize Employers anda among the World's Best Banksf for thef fourtho consecutive year. simmonsbank.com  $27.4B ASSETS E:03 115 CONSECUTIVEY YEARS PAYING DIVIDENDS Forbes 2023 AMERICA'S EMPLOYERS  Memphis  Forbcs 2023 WORLD'S BESTBANKS  Deposits by State 7% 2% 14% 16%  Dividend History  Arkansas (42%) Texas (19%6) Tennessee (16%) Missouri (14%) Oklahoma (7%6) Kansas (2%6)  $0.80 $0.84 $0.76 $0.68 $0.72 $0.64 $0.60 $0.50 $0.46 $0.48  42%  19%  Source: S&PG GlobalMarketin Inteligence; FDICS Summary ofDeposts(630.23) Regulatory Capital Ratios AtMarch31,2024  2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* Dividend) Yield"4.6% 10-yrCAGR"69  14.43%  11.95%  11.95% 8.00% Ratio  "BasedonA April1 12,2 2024, closings stockp priced ofS18.13. RCAGR= compounda annualg growthr rate  9.44% 5.00% Ratio Simmons First National Corporation Well-Capitalized" Guidelines Credit Ratings Simmons Bank Short-Term Deposit Rating P-1, Long-Term Deposit Rating Deposit Bank Star Rating or www.ir.s simmonsbank. com.  *Represents thep projectedo casho dividendrate! basedo lont thec currento quarterly cash dividendont the Company's Class Acommons stock ($0.21*4). Thef future paymento ofdividendsi isnotg guaranteeda and issubjecttoy variousf factors, includinga approvalbythe Company'sboarde lofdirectors. News Simmons Bank Open The Korn Ferry Tour announced: ai five-year B3 partnership witht the Vanderbilt Legends Club at Vanderbilt University tol host the annual Simmons Bank Openi for the Snedeker  10.00% Ratio  6.50% Tier1(CET1)  Tier1Leverage CommonE Equity Tier1Capital TotalCapital  Simmons FORT Bank.Open THESNEDEKERI  Foundation! beginning this season. The 2024 Simmons Bank Open will bep played September 12-15 ont thel North Course àt Vanderbilt Legends Clubin Franklin, Tennessee, and the Tennessee GolfF Foundation will contirue as the operator and host organization oft the event. Through the Tennessee Golf Foundation, the Snedeker Foundation annually supports the! Sneds Tour, which puts forth a year-round junior golft tour in7 Tennessee aimeda ata allowing! kidst tol learn, play and enjoy the game of golf, while also making competition more affordable through! lowere entry andr registration fees. The Snedeker Foundation! hasr raisedi in excess of $1r million for charities the  Moody's Kroll Bauer Financial  K2 A-  A2  5 STARS  Ther ratings providedbyN Moody'sinvestors Service, KrollB Bond RatingA Agencya andBauer Financial ares subjectt tor reviewo orv withdrawalb byt ther ratingà agency atanyt timea andaren notr recommendations tobuy, sello holdt theses securities. Eachr ratings shouldb bee evaluatedi independently ofanyo other rating. Theser ratinga arep providedf forir informational purposes onlya anda ares solelyt thec opinionso of therating agencies. Fora complete listingo ouro creditr ratings, visito ourl Investor Relationsv websiteat  int region  and Simmons The ins support of their mission.  Bank Openi is proudt toy partner witht the Snedekers  NOTE: Datac containedint the Corporate Profiles sectiona abovei isasofMarch 31, 2024.    Simmons First National Corporation  First Quarter 2024  Financial Highlights Period-End Balances ($ inmillions) Loans Investment securities Totalassets Noninterest bearing demand deposits Interest bearing deposits Total deposits Stockholders' equity Average Balances (Si inr millions) Loans Investment securities Total assets Noninterest bearing demand deposits Interest bearing deposits Totald deposits Stockholders' equity Capital Ratios Common equity tier 1 (CET1) Tier1 capital Total capital Tier1 11 leverage Credit Quality  Threel Months Ended March31, 2024 2023 9Change $17,002 $16,555 6,735 7,521 (10) 27,372 27,583 4,698 5,489 (14) 17,655 16,963 22,353 22,452 3,439 3,340 $16,900 $16,330 6,798 7,556 (10) 27,259 27,489 4,654 5,643 (18) 17,581 16,877 22,235 22,520 3,447 3,371 11.95% 11.87% 11.95 11.87 14.43 14.47 9.44 9.24 12.56 12.11 7.75 7.25 0.19% 0.03% 0.63 0.38 0.41 0.26 1.34 1.25 212 324 $27.42 $ 26.24 16.02 14.88 0.21 0.20 4.3% 4.6% 2.66 3.09 76.06 73.74 125,420 127,282 233 231 2,989 3,189  Year Ended December 31, 2023 2022 2021 2020 3% $16,846 $16,142 $12,013 $12,901 6,878 7,613 8,643 3,807 (1) 27,346 27,461 24,725 22,360 4,801 4 6,017 5,325 4,482 17,444 16,531 14,042 12,505 22,245 22,548 19,367 16,987 3 3,426 3,269 3,249 2,977 3% $16,648 $14,420 $11,810 $14,261 7,305 8,166 6,856 2,927 (1) 27,555 26,419 23,492 21,591 5,201 5,827 4 17,072 4,837 4,226 15,348 13,443 12,135 22,273 (1) 21,175 18,280 16,361 2 3,359 3,260 3,072 2,922 12.11% 11.90% 13.82% 12.11 11.90 13.41% 13.82 13.41 14.39 14.22 16.75 16.78 9.39 9.34 9.08 9.08 12.53 11.91 13.14 7.69 7.00 8.51 13.31 8.45 0.12% 0.09% 0.13% 0.45% 0.50 0.37 0.57 0.33 0.23 0.96 0.31 0.64 1.34 1.22 1.71 1.85 267 334 300 193 15.92 27.53 14.33 17.71 16.56 0.80 0.76 0.72 0.68 4.0% 3.5% 2.4% 3.1% 2.78 3.17 2.89 3.38 75.73 125,184 71.59 62.03 75.95 127,047 112,715 108,078 234 230 3,007 199 204 3,236 2,877 2,827  Common: stockholders' equityt tot total assets Tangible common equity tot tangible assets) Net charge-offs to averaget totall loans Nonperforming loanst tot totall loans Nonperforming assetst tot total assets Allowance tot total loans Allowance to nonperforming loans Other Data Book value pers share Tangible book value per share 0) Cash dividend declared perc common: share Dividend yield Neti interestr margin (FTE) Loant to deposit ratio Shares outstanding (int thousands) Number off financial centers Number of associates (fullt time equivalent)  $ 27.37 $ 25.73 $ 28.82 $  Non-GAAPf financialm measure thats Simmons FirstN National Corporation! ("Simmons," "Company," "we,"or" "our)believes:  includedinthe" "Reconciliation ofNon- GAAPE FinancialM Measures' section oft theA Appendix. Thecalculations oftheser measuresf aidsi for inundetstandingcerain; areaso ofourp performance. Thec calculationoft theser measuresis "Reconciliation OFN Non- GAAPE Financial Measures" ofourF First Quarter 20246 earningsr releasev which wasp publishedon April2 thet threen months'e endedM March. 31,2 2024a and2 2023, isa alsoincludedint thes sectiont titled yearse ended December 31,2 2023, 2022a and2 2021, isa alsoincludedir linthes sectiont titled" GAAR Reconcillatione ofNon- GAAPE 24, 2024, andisa available atsimmonsbank* ccom. Thec calculationo oft these measuresf forti thé endedD December3 31,2 2020, salsoincludedinthes sectiont tited" GAAP! Reconciliationo ofNon-G GAAP Finançial Measures" ofourF FinancialMleasures", Form 10-Kfort ofour Form1 10-Kfort they yeare endedDecember: 31,2 2023, andfort they year Litigation ReformA Actof 1995. Byr nature, suchf forward-lookings statements are basedo on variousa assumptions: andinvolvei inherentr risksa forward-lookings statements" withint then meaningofthe Private Securities expréssedi inori impliedbyit thef forward-lqoking: statements. Amongo otherri risks, there canb bèr nos guaranteet thatt the boardo ofa directors ofs andu Simmons uncertaintiest that could causea actualn resultst tod differr materiallyf fromt those payment, anda amourto offuturec dividends( (ifany)mayo differs significantlyf fromp pasto dividends. Additionalinformation, onotherri riskf factorsti thatcoulda willa approvea aquarterly dividendi inf future quarters, andt thet timing, document, andthe Companyt undertakes noo obligation tou updatet thesef forward-lookings stâtementst tor reflecte events or circumstancest Exchange Comimission. thato occur aftert Any thed forward-looking: dated oft thisd document. statements speaks only àso oft thec date ofthis MatbniCopatomsrpons, proxys statementsa andotheri information are alsoa availablef fromo commercial documentn retrievals services, www. simmonsbank. coma andatthes 100F StreetN.E., SEC'sV website! WashingtonD.C locateda atwwws 20549. sec.g gov. SimmonsFirst  FTE- fully taxablee equivalent  they years ended! December 31,2 2022.  Forward-Lookings Statements: Thisd documento containss statements relatedt toc dividends thata arer notb basedo onh historicalf facts ando constitute" Form 10-KF fort they yeare ended December 31, 2023, whiçh! hasb been filedv with, andis available from, the'U.S. Securitiesa andE  affectt thef forward-looking: Satementsis.onsahedint thec Company's  Simmons Sheet Investors.mayr FistNasoni/Copoationf filesa annual, quarterlya ahds specialreports, proxys stateméntsa ando otheri informationy witht thes SEÇ Thesed docurrientsp provider moreir  readandcopyr reports. proxys statementsa andotheri informationf filedby Simmons FirstN National Copaatmaitiescspike" referencen rooms bmpgesHoeN atl  containedint thiss Fact  Corporate Headquarters 501 Mains Street Pinel Bluff, AR 71601  Little Rock Corporate Office 601E. 3rd Street Little Rock, AR 72201  Investor Relations irsimmonsbank.com investorelations@simmonsbank.com  Fascbokcom-Simmonank X @Simmons Bank @simmonsbank  Thisp paper contains ----w    Simmons First National Corporation  First Quarter 2024  APPENDIX  Reconciliation of Non-GAAP Financial Measures $int thousands, except pers share data Selected Data (GAAP) Total assets Common stockholders' equity Intangible assets Common shares outstanding Metrics  Threel Months Ended March 31, 2024  Year Ended December: 31, 2022  2023  2023  2021  2020  A $27,372,175 $27,583,446 $27,345,674 $27,461,061 $24,724,759 $22,359,752 C 1,429,594 1,445,653 1,433,444 1,448,549 1,252,242 1,186,415 D 125,419,618 127,282,192 125,184,119 127,046,654 112,715,444 108,077,662  B 3,439,126 3,339,901  3,426,488 3,269,362 3,248,841 2,975,889  Common stockholders' equity tot total assets (B/A) Tangible commont equity tot tangible assets (B-Cy/(A-C) Book value per share (B/D) Tangible book valuep per share (B-C)/D  12.56% 7.75 16.02  12.11% 7.25 14.88  12.53% 11.91% 13.14% 13.31%  7.69 7.00 15.92 14.33  8.51 17.71  8.45 16.56  $ 27.42 $ 26.24 $ 27.37 $ 25.73 $ 28.82 $ 27.53  Thisp paperc containsl 10% CWadonhadmisaminaw    CORPORATE RESPONSIBILITY  Simmons Bank Helps Customers Save Nearly $5.5 Million in' "Change" Through the Simmons Bank automaticsavings program, Round-Up, customers saved nearly $5.5 million during 2023. More than 26,400 customers utilized the program during this period. Compared to the same timeframe in 2022, dollars saved increased  by nearly 6 percent.  Community Reinvestment  Simmons Bank's Community Reinvestment, Act efforts focus on affordable housing, economic development, revitalization and community service - each with a goal of providing greater access to financial  and  services  products  in owrto-moderateincome communities and families.  a In 2023, Simmons Bank originated approximately 3,525 in single-family Home Mortgage Disclosure Act Simmons Bank provided more than 26 multi-family HMDA loans which totaled approximately $36,547,000 Combined, Simmons Bank provided approximately 7P420mDApnae loans in 2023. 0 Simmons Bank originated more than 728 loans within ow-tomoderateincome areas, or 20.65 percent a Simmons Bank originatednearly 668 pwrew sor1 18.81 percent oft total Simmons and Simmons First Foundation provided approximately $2,181,807 in eligible charitable and in- kind donations, and foundation grants in 2023, including 18 community enhancement grants ($125,000) and 38 make a difference grants ($524,857) from the foundation to organizations that offer work readiness programs, affordable housing and community services. Additionally, Simmons donated three branches for Through the Federal Home Loan Bank of Dallas, the bank secured for our non-profit community partners $1,466,400 in Federal Home Loan Bank contributions in 2023 for: downpayment assistance, home rehabilitation, construction of affordable housing, operating grants and FortifiedTM roof Simmons Bank provided approximately $63,735,550 in Community Development Investments under the Approximately, 357,036/30ingualifiede community development loans furthered economic devélopment, Approximately 2,927. Joans benefitedbusinesses withl less than $1 million in revenue totalingapproximately Approximately1,2691269loansbenehitingsmallfarmswith less thanslniliominrwenuetotalingamprosamately  (HMDA) loans totaling approximately $742,865,000.  in2023.  oft total originations. originations.  community needs.  :  repairs.  Community Reinvestment Act in 2023.  affordable housing and stabilization of communities in 2023..  $354,614,000 in2 2023. 114,42,000.n2023.  Corporate Responsibility    Commitment to the Community  : Simmons' associates performed approximately 2,696 community development service activities, including offering financial education to adults and children and extending technical services in 2023.  a Simmons' reach spanned across 513 nonprofit organizations.  Product Spotlights  Simmons Bank offers a variety of products to help ensure that our customers are served well.  Our Bank On-certified. Affordable Serving 552 account holders in 2023 Includes safeguards against overdrafts  SimmonsBank Bankiun Standards :   Advantage Checking Product:  The Individual Taxpayer Identification Number (ITIN) Mortgage Product wasi introduced:  AnlTINAdvantage Mortgage is al loan designedfork homebuyers who dor not have a Social Security number In2023, Simmons Bank funded approximately $19,851,384 (101 loans) ofl ITIN Advantage Mortgages  Strong production continued with the 100% Advantage Mortgage Product:  MASmmntattwawwpapaet Simmons Bank worked with more: than 11 owrpaymentasistance programs across our footprint to  lessen the burden of cost of homeownership.  The launch of the Foundation Secured Credit Card in 2021 provided customers the  a Bimpone opportunity to open a secured credit card that is désigned to help them establish,  strengthen or rebuild their credit:  FOUNDATION  More than 1,605 accounts were opened in 2023.    @ a  a C A S 2 a 3 & X  E  m    e -  e  a0  -  3)    a  - a à  6    a n    8 9 2  U @ 6 -  a  a s    4  E  B E 3 8 o 8  e  @  @ @    S  - - @    S - 9  -  LO 2  0 0 6  - - a / -  0 f f f f  0 N A  B 8 $  5 8 8   6  1 ) $ II 0  a   D 0 la S    9  a   D  -  no0  8  S C    S  S  S E  a  a    e  e  9  E  la S    o -    a e e e a  E 3  A  A e o 6 @  e    6o    B -  à  a  @ S  E  S - a e    S A  a    Simmons Bank.  Insured Cash Sweep  Institutions, like ours, that offer ICSa are members of the IntraFiN Network. When we Action Center's funds through the ICS: service, that deposit is divided into amounts under place Voluntary the standard FDICi insurance maximum of $250,000. Thei funds are then placed in demand deposit accounts or money market deposit accounts (using ICS), at multiple banks. As a result, the Voluntary Action Center can access coverage from manyi institutions while working directly withj just one. ICS can insure funds Voluntary Action Center will receive one monthly statement from our bank for each service in which you participate, and, as always, Voluntary Action Center's confidential information is protected. With ICS, maintain access to Voluntary Action Center's funds placed in demand deposit accounts or  upto$175MM.  Access Funds  money market demand accounts.  Earn Interest  Put cash balances to work in demand deposit accounts and money market deposit accounts with ICS. Feel good knowing that the full amount of Voluntary Action Center's funds placed through ICS can  Support Your Community  localt to support lending opportunities that build a stronger community.  stay  Enjoy Peace of Mind  Rest assured knowing that Voluntary Action Center's funds are eligible for multi-milion-dollar FDIC insurance protection that's backed by the fulli faith and credit of the federal government. And ICS are not subject to floating net asset values, so Voluntary Action Center's can feel secure knowing that  market volatility will not negatively affect your principal.    Exceptions: "RFP").  The proposal submitted by Simmons Bank ("Simmons" or the "Bank") is subject to the following exceptions to the City of Gunter, TX (the "City") Request for Proposal for Bank Depository Services (the 1. Reference is made tol Investment of funds, safekeeping of City Securities and collateralizing of City of deposits on page 2 oft the RFP. The following exceptions shall apply to that section of the RFP: Bank will require the City to sign a new Pledgee Agreement Form (form attached) to release securities currently pledged by Bank to the City and: safekept at Federal Reserve Bank. Bank willi issue an FHLB Dallas Letter of Credit identified as "Eligible Collateral" by Texas Government Code Annotated S 2257.002 to replace securities currently pledged by Bank to the City and: safekept The City will work with Bank and Federal Reserve Bank to release, in at timely manner, securities 2. Use of Bank Forms: While the RFP may have included certain terms and specifications for convenience, the Bank requires its standard documents and agreements, including, but not limited to, Deposit Account Agreements, Treasury Management Agreements, Depository Collateral and Security Agreements, and Custodial Services Agreements ("Banking Agreements") to govern over any conflicting terms in the RFP. Our agreements have been drafted to reflect the uniqueness of the financial services industry and tor reflect how Simmons provides the services. Ift there are certain contractual provisions that the City is required to include by law, or is prohibited from including by law, we can work together to 3. Ambiguity, Error,or Omission: Simmons reservest ther right to clarify, via either written amendment or during negotiations with the City, any misunderstanding, error, or miscalculation contained in the proposal. Any ambiguity or conflict between the proposal and RFP: shall be resolved between the parties 4. Termination: The Banking Agreements contain provisions regarding the Bank's and the City's ability tot terminate any or all of the services. Generally, customers are permitted to terminate their treasury management services upon 30 days prior notice and may close a deposit account at anyt time. Due to the highly regulated nature oft the financial services industry, there are circumstances where the Bank must maintain the right to terminate certain accounts or: services without such prior notice. 5. Cost of Additional Banking Services: Any costs for banking services requested by the City but not detailed in the proposal will be provided at a cost agreed upon by the Bank and the Cityi in writing. 6. Review of Banking Agreeménts. While certain Banking Agreements in use at the time of the Bank's proposal may be provided for reference in conjunction with the Bank's proposal, the Bank does not. represent nor warrant that such Banking Agreements will still be the versions in use at: any later date. nor that such Banking Agreements provided for reference are an exhaustive list of Banking Agréements that may be required to be executed by the City, based on the banking services requested by the City. 7. Indemnification: The Bank. does not agree to indemnify bank customers. Given the small amount of feeschargedi inr relation tot the large amounts of funds thatr may be transferred into and out ofacustomer's accounts, the Bank indemnification of customers is not appropriate. Instead, customers are encouraged  at Federal Reserve Bank.  currently pledged to the City by Bank.  separately address those requirements.  and shall not, without the consent of the parties, be construed in favor oft the RFP.    tor manage the risks associated with their bank accounts by implementing appropriate safeguards regarding initiation of funds transfers, protection of customer's internal procedures and issued user credentials, secure storage of checkstock, andt the use of fraud prevention systems and bank- 8. Limitation of Liability: The Banking Agreements contain provisions regarding the Bank's customer's liability for losses related to the services provided by the Bank. These limitations and the regardless of any limitations in the RFP. These limitations are established in consideration of will apply charged for the services, and the Bank would have to charge substantially higher fees for the fees  services.  absent the limitations on liability.  the services    Pledgee Agreement Form  To: Federal Reserve Bank of Boston 600 Atlantic Avenue Boston, MA 02210  For assistance in completing this form, please contact the Support Center at 83-PRS.SVC5077-827,  Attn: Operations Services/Joint Custody  Date:  We, the  agree to the terms of Appendix C of  Circular  dated. August 19, 2005, as it may be amended from time to time with respect to the account on your your books Operating designated 7,  (4digit alpha-numeric account number)  Wei further agree that you may accept par for par substitutions: securities from the Pledgor as a replacement  substitution for, those securities presently held (please check one):  of, orin  NO (Instructions required for each withdrawal)  YES (Standing approval)  Provided that the replacement or substitution does not reduce the aggregate par amount ofs securities held in custody for us. We authorize you to use the following call-back procedure for securities transactions pertaining to this account  (See Operating Circular 7, Appendix C, Section 4.3.)  check one):  (please  Three-party call-back  Four-party call-back  We certify that the individuals listed below may take authoritative action on our behalf with respect to the including direction to release collateral from the account. You may rely on the authority of these individuals with account, to  a  the account until we otherwise notifyy you.  respect  Telephone: Fax:  Print Name: Signature: Print Name: Signature: Print Name: Signature:  Title: Date: Title: Date: Title: Date:  Telephone: Fax:  Telephone: Fax:  REV 05/2024    Pledgee Agreement (page2of2) Print] Name: Signature:  Telephone: Fax:  Title: Date:  Thel Undersigned hereby certifies that he/she is the present lawful incumbent oft the designated public office.  Pledgee  Name of governmental unit Street Address or P.O Box) Number City, State, Zip Code Official Signature/ Date Printed) Name and Title  Notary  State of County of  Ont this he/she resides at State of  day of  20_ before me personally appeared  tor me personally known or satisfactorily proven, who by me duly sworn, did  and depose sayt that int the  in the City of  that he/she is the before me.  [Title] of  andt that he/she executed this document on behalfo of  (Signature of Notary) (Print name of Notary) My commission expires on  [Date]  REV 05/2024    Simmons Bank,  MEMBE  Expected Treasury Management Services Pricing Statement  This Treasury! Management Services Statement provides ane expectation ofy yourr  bill, usage.  agreed withy you. Thesef fees ares subject to changed based on actual service monthly basedo ont the Treasury Management services  Customer: City ofG Gunter Prepared By: A. Lawson Effective Date: 1/0/1900 Expiration Date: 1/0/1900 Account Balânce Calculation Average Dailyl Ledger Balance LessA Average Daily Float Average Daily Collected Balance Balance tos Support Services Earnings Credit Calculation Earnings CreditF Rate AnalyzedP PeriodE Earnings Credit Gross Proposed Charges NetF Proposed Charges Excess Earnings Credit PRODUCT Service Subcategory ACCOUNTS SERVICES Balancel Maintenance Fee- basedo onf fulll ledger balance Account Monthly Maintenançe Fee Chargep per Debit Electronic Credits Electronic Debits Chargep per Credit On-Us Deposited Other FedZ Zone Return Item- Chargeback Brancho Cash Deposit (pers $1,000) Rolled Coinp perr roll Currency pers strap Stop Payment Papers Statement Fee Treasury Connect! InformationF Reporting Monthly Maintenance ACH Origination Services ACHN Monthly Maintenance ACHE Batch Processed Fee ACHF Filel Upload Fee ACHO Credits Originated ACHD Debits Originated Same DayA ACHP per! Item ACHR Return! Item ACHF Return Item (viae email) Fraud Preventions Services ACHF Positive Pay Filter Monthly Maintenance (pera account) Check Positive Pay Positiver PayN Monthly Maintenance (per account) Positive Pay perk ssued Item Positive Pay PerR Returnl Item Positive PayP Paid Notl Issued Item Payee Positive Payp perk Issuedi item Online Wire Transfer Services WireN Monthly Mainterahcè Per Domestic Wire Online Wire Trànsfer Services Incoming Wire  $5,844,000.00 $0.00 $5,844,000.00 $5,844,000.00 w/ProposedE ECR. 0.40% $1,985.36 $386.49 $0.00 $1,598.87  Account Position Gross Proposed Charges Discount/Exception TotalP Proposedo Charges Earnings Credit NetP Proposedo Charges Account Position- Including First? Months Setu UpF Fees Gross Proposed Charges Discount/Exception TotalP Proposed Charges Earnings Credit Net Proposed Charges Proposed. Proposed Price Charge. 0.03% $148.90 $18.00 $18.00 $0.18 $14.76 $0.25 $18.75 $0.18 $14.76 $0.35 $26.25 $0.13 $0,15 $9.00 $0.75 $0.13 $0.35 $35.00 $5.00 $35.00 $35.00 $0,20 $0.20 $1.50 $5.50 $5.50 $10.00 $40.00 $0.05 $5.00 $5.00 $0.07. $15.00 $i0.00  $386.49 $0.00 $386.49 $1,985.36 $0.00 $386.49 $0.00 $386.49 $1,985.36 $0.00 Balance Required $438,300.00 $52,983.87 $43,446.77 $55,191.53 $43,446.77 $77,268.15  Monthly Volume $5,844,000.00 82 75 82 75  $35.00 $35.00  $103,024.19 $103,024.19  $10.00 $40.00' $0.07 $15.00 $10.00 $336.49 $1,137,657.66  $29,435.48 $117,741.94 $206.05 $44,153.23 $29,435.48  TOTALS SERVICES ANDF REQUIREDE BALANCES    ALL BANKING SERVICES OFFERED  RFP Attachment from Simmons Bank  ACCOUNT SERVICES Electronic Credits Electronic Debits Rolled Coin Currency straps Stop Payment Canadian Coll Items Special Statement Cutoff Duplicate Statement Paper Statement Telephone Transfers Treasury Connect Information Reporting Bill Pay ACH Reporting ACH Origination Services ACHI File Upload ACH Credits Originated ACH Debits Originated Same Day ACH ACH Return Item Fraud Prevention Services ACH Positive Pay Filter Block Check Positive Pay Payee Positive Pay No Check Positive Pay Reverse Positive Pay Reverse Positive Pay Online Wire Transfer Services Domestic' Wire International Wire Wire File Upload Wire Transfer Services Incoming Wire Drawdown Wire Standing Transfer Services Daily Wiré Transfer- Weekly Wire Transfer Monthly Wire Transfer Daily ACH Transfer  Outgoing Domestic' Wire Telephone/Branch/Fax Outgoing International Wire- - Telephone/Pranch/fax  Page1    ALL BANKING SERVICES OFFERED  RFP Attachment from Simmons Bank  Commercial Vault Services Commercial Vault Deposit Cash Commercial Vault Deposit Envelope Commercial Vault Deposit Per Note Commercial Vault Deposit Counterfeit Commercial Vault Coin Single Denomination Commercial Vault Coin Mixed Denomination Commercial Vault Coin Break Roll Commercial Vault Coin Wrapped Commercial Vault Full Bag Loose Commercial Vault Half Bag Loose Commercial Vault Change Order Standard Commercial Vault Change Order Non Standard Commercial Vault Change Order Manual Commercial Vault Change Order Late Commercial Vault Change Order Emergency SmartSafe SmartSafe Deposit Cash SmartSafe Deposit Per Note SmartSafe Expedited Credit Remote Deposit Services RDC. Account RDC Check Item RDC ACH Item RDCTel Pymt Remote Deposit Now Mobile Deposit Sweeps ZBAI Master Account Zero Balance Sub Account Loan Sweep Monthly Maintenance Fee Insured Deposit Sweep Monthly Maintenance Fee Repo Sweep Monthly Maintenance Fee Combination Sweep Reconciliation Deposit Reconciliation. Partial Recon Full Recon FTP Services FTP License Fee FTP ACH: Item Initiated CDF ROMI Image Statements Lockbox  DACA (Deposit Account Control Agreement)  Page 2    ALL BANKING SERVICES OFFERED  RFP Attachment from Simmons Bank  Lockbox Index Lockbox Postage Online Storage Lockbox Image File Lockbox Payment Posting File Forward Processed Items Special Processing Lockbox Archive Storage Individual PO Box Rental DRMD DRMD Conversion EOB Claim DRMD Conversion EOB Clm Speci DRMD Conversion EOB Clm Spec2 DRMD Conversion Pat Pay Claim DRMD ERAI Prov Provided Claim DRMD ERA Acquired Claim DRMD: Splitting Claim DRMD Patient Payment DRMD Correspondence DRMD Reconciliation Claim DRMD Denial Mgmt Claim DRMD Online Storage DRMD Image File Services DRMD Monthly Maintenance DRMD Development or Charge  Page 3    o EST.1901  CITY COUNCIL MEETING September: 19, 2024 6:00PM  GUNGERI  AGENDA ITEM #23  Discuss, consider, and act upon Appointing vacant seat on thel EDC.  AGENDA ITEM INMARYBACKGROUND  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    O EST.1901  CITY COUNCIL: MEETING september19,2024 6:00P PM  GUNERI  AGENDA: ITEM #24  Discuss, consider, and act upon a Resolution for Senate Bill 2038 petition for release from the  Extraterritorial Jurisdiction (ETJ) received from Andrew Pennington.  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See. Attachments    CITYOF GUNTER, TEXAS  RESOLUTIONNO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, RELINQUISHING AND ADJUSTING ANY AND ALL OF THE EAIKATERKITORIAL JURISDICTION DESCRIBED HEREIN PURSUANT TO AND IN ACCORDANCE WITH THE PROPERTY OWNERS' REQUEST AND PETITION; SUCH THAT THE CITY OF GUTNER ENTRATERRITORIAL JURISDICTION SHALL BE AND IS HEREBY ADJUSTED AND CONTRACTED TO RELINQUISH THE PROPERTY DESCRIBED AND DEPICTED IN EXHIBIT "A," ATTACHED HERETO AND INCORPORATED HEREIN; TO RELEASE SAID PROPERTY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Gunter, Texas ("City"), received a Petition requesting release  an area located ini the City's extraterritorial jurisdiction ("ETJ") depicted in Exhibit  of  hereto and incorporated herein; and  "A," attached  WHEREAS, the Petition meets the requirements ofChapter 42, WHEREAS, the Code does not provide the City Council authority to  Local Government Code ("the Code"); and  Subchapter Dofthe Texas  a by operation  meets the requirements ofthe Code: and thus the area described herein willl be released deny petition that  oflaw.  NOW,THEREFORE, BEITRESOLVED: BYTHE CIYCOUNCILOFTHE: CITY SECTION 1: That the City Council ofthe City of Gunter, Texas, finds that the Petition of Andrew Pennington, meeting all requirements of Chapter 42, Subchapter D, of the Local Government Code has been submitted to the City and verified by the City Secretary, to release property located in the extraterritorial jurisdiction to wit: NW Corner of Bounds Road and Old Tioga Road, Gunter, Texas, Grayson County, Texas, ("the Released ETJ Property"). SECTION 2. That the City of Gunter in accordance with the Code and by law does hereby release from the extraterritorial jurisdiction of Gunter, Texas, the Released operation ETJ of  OF GUNTER, TEXAS:  Property described and depicted in Exhibit A.  SECTION3. That the official map oft the City of Gunter shall be amended accordingly to relinquish from the City's ETJ the Released ETJ Property as depicted, described and labeled in  Exhibit A.  SECTION 4. That the City Secretary is hereby authorized to file a certified Resolution with the Grayson County Clerk reflecting the action taken herein. SECTION: 5: This resolution shall take effect immediately upon its] passage.  of this copy    DULY PASSED by the City Council of the City of Gunter, Texas, on the  day of  2024.  AYES NAYS ABSTENTIONS  APPROVED:  Karen Souther, Mayor  ATTEST:  Detra Gaines, City Secretary APPROVED AS' TO FORM:  Courtney Goodman-Morris, City Attorney    EXHIBIT A    RECEIVED SEP-3:2024  PETITION FOR RELEASE FROM OFTHE CITY OF GUNTER, TEXAS  THE EXTRATERRITORIALJURISDICTION ("ETJ")  BY SIGNING THIS PETITION, THE UNDERSIGNED DECLARE THAT THE UNDERSIGNED ARE: RESIDENTS IN THE GUNTER ETJ REQUESTING RELEASE FROM The undersigned constitute a majority in value oft thel holders oftitle ofland in the area described by this petition, as indicated by the tax rolls oft the Grayson Central Appraisal District. In fact, the undersigned collectively own fee simple title to 100% oft the land described by this petition. Pursuant to the procedures set forth in Chapter 42 of the Texas Local Government Code, the  THE GUNTER ETJ.  following items are included with this Petition:  1. Map oft the land tol be released (see attached Exhibit A); and 2. Legal description oft the land tol be released (see attached Exhibit B)  The undersigned understand and acknowledge that all petitions requesting release from the Gunter ETJ are subject to the requirements of Chapter 42 of the Texas Local Government  Code: and Chapter 277 ofthe Election Code.  - 1 Name: Andrew Date ofl Birth: 04/12/1979  Date of Execution:  8/26/24  Penningtoh  A  Property. Address: Generally located at the NWC of  Bound Road and Old Tioga Road, Gunter, TX  Property Owner Address: 15001 Buffalo St  Vernon, TX 76384  4255905    EXHIBIT B  Legal description oft the land to be released  LEGAL DESCRIPTION  BEING a tract of land situated in the H.T.& B. Railroad Survey, Abstract No. 606of Grayson County, Texas and ini the H.L. Douglas Survey, Abstract No. 366 of Grayson County, Texas and being part ofa called 129.095 acre tract of1 land conveyed to Andrew. Pennington as recorded in Instrument No. 2021-21572 oft the Official Records of Grayson County, Texas and  being more particularly described in metes and bounds as follows; said nail being at the intersection of] Bounds Road and Old Tioga Road;  BEGINNING at a mag nail found at the southeast corner ofs said called 129.095 acre tract  THENCE S 89°28'17" W with Old Tioga Road a distance of4 423.17' to aj point; THENCE N 01°24'19" EI leaving Old Tioga Road a distance of 1297.50" to a point;  THENCE S 89°28'17" W: a distance of 772.00" to a point; THENCE S 01°24'19" W: a distance of 40.62" to aj point; THENCE S 89°28'17" W a distance of 394.36" to a point; THENCE: N01948'21") E a distance of 1207.73" to aj point;  THENCE S 88°50'28" E a distance of1580.05" to a point in Bounds Road; THENCE S 01°24'06" W: following Bounds Road a distance of2417.74" to a point the POINT OF BEGINNING and containing 2,376,299 Square Feet or 54.552 Acres of land.  4255905    EXHIBIT A  Map of the land to be released  $8850'28E 1580.05 GGT, 242  ! bl II II 11 1/ I II 1I 191 6 b928'17" 394.36'  54.552 ACRES CALLEP 129.005 ACRES 021-21572  S892817" W 772.00' s 01*24'19" W 40.62"  CALED  FAMY KLLNE aRGCT.  ( pa oMso Cy s AAAGG OVOK ABDSE urioN OKA s MACL RA ow gNY m  MAL s 89*28'17 W 423.17  OLD TIOGA ROAD  EXHIBIT A 54.552 ACRES ANDREW PENNINGTON PROPERTY H.L DOUGLAS SURVEY, ABSTRACT NO. 366 TOWN OF GUNTER ETJ GRAYSON COUNTY, TEXAS SHEET 1 OF2  SURDUKAN SURVEYING, INC. PO. Box 126 ANNA, TEXAS 75409 TEXAS (972) FIRM 924-8200 NO, 10069500 SCALE "= 300'  DATE: JULY 18, 2024  JOB NO. 2023-171  4255905    TY O GUNERI EST.1901  CITY COUNCIL MEETING September19,2024 6:00PM  AGENDA ITEM #25  Discuss, consider, and act upon a Resolution for Senate Bill 2038 petition for releasee from the  Extraterritorial Jurisdiction (ETJ) received from Gary & Kathryn Harris.  AGENDA ITEM SUNMARYBACKGROIND  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGALI REVIEW: N/A  ATTACHMENTS: See Attachments    CITY OF GUNTER, TEXAS  RESOLUTIONNO.  AE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, RELINQUISHING AND ADJUSTING ANY AND ALL OF THE EXTRATERRITORIAL JURISDICTION DESCRIBED HEREIN PURSUANT TO AND IN ACCORDANCE WITH THE PROPERTY OWNERS' REQUEST AND PETITION; SUCH THAT THE CITY OF GUTNER EXTRATERRITORIAL JURISDICTION SHALL BE AND IS HEREBY ADJUSTED AND CONTRACTED TO RELINQUISH THE PROPERTY DESCRIBED AND DEPICTED IN EXHIBIT "A," ATTACHED HERETO AND INCORPORATED HEREIN; TO RELEASE SAID PROPERTY; AND, PROVIDING AN EFFECTIVE DATE.  WHEREAS, the City of Gunter, Texas ("City"), received a Petition requesting release of an area located in the City's extraterritorial jurisdiction ("ETJ") depicted in Exhibit "A," attached  hereto and incorporated herein; and  WHEREAS, the Petition: meets thei requirements ofChapter 42, Subchapter D ofthe' Texas WHEREAS, the Code does not provide the City Council authority to deny a petition that meets thei requirements oft the Code and thus the area described herein willl bei released by operation  Local Government Code ("the Code"); and  oflaw.  NOW,THEREFORE, BETRISOLVEDHYTNE CIYCOINCIOFTHECITY SECTION 1: That the City Council of the City of Gunter, Texas, finds that the Petition of Gary Z. Harris and Kathryn Harris, meeting all requirements of Chapter 42, Subchapter D, oft the Local Government Code has been submitted to the City and verified by the City Secretary, to release property located in the extraterritorial jurisdiction to wit: 1499Stiff Chapel Road, Gunter,  OF GUNTER, TEXAS:  Texas, Grayson County, Texas, ("the Released ETJ Property").  SECTION 2. That the City of Gunter in accordance with the Code and by operation of law does hereby release from the extraterritorial jurisdiction of Gunter, Texas, the Released ETJ  Property described and depicted in Exhibit A.  SECTION 3. That the official map oft the City of Gunter shall be amended accordingly to relinquish from the City's ETJ the Released ETJ Property as depicted, described and labeled in  Exhibit A.  SECTION 4. That the City Secretary is hereby authorized to file a certified Resolution with the Grayson County Clerk reflecting the action taken herein. SECTION5: This resolution shall take effect immediately upon its passage.  of this copy    DULY PASSED by the City Council of the City of Gunter, Texas, on the  day of  2024.  AYES NAYS ABSTENTIONS  APPROVED:  Karen Souther, Mayor  ATTEST:  Detra Gaines, City Secretary APPROVED ASTOFORM:  Courtney Goodman-Morris, City Attorney    EXHIBIT A    prs 3a BDI2E  DaakeLaw The Law Offices of Robert D. Daake PLLC  September 9, 2024  Submitted via Certified Letter to the Directoro ofPlaming & Development, City ofGunter, Texas, with copies to  the Mayor, City Secretary, and City Attorney Mr. Eric Wilhite, AICP, RLA Director ofl Planning & Development 1051 N. 4th Street P.O. Box 349 Gunter, TX 75058  Re: Letter of Submittal for Landowner. Petition. Requesting Removal from ETJ for Approximately 61- Acres, Grayson County, loatadorthafsarChpel. Road, easto ofScharffRoad, and westo ofOld Scaggs School Road, and as Recorded in Grayson County Deed Records Warranty Deed Instrument No. 2020-4284 (the  "Subject. Property") Dear Mr. Wilhite:  This This letter ofs submittal is for al Landowner Petition petitioning removal from the City of Gunter ETJ for an approximately 61.00-acre tract of land situated in the Robert Mason Survey, Abstract Number 784, Grayson County, Texas. Texas. The Subject Property, generally located north of Stiff Chapel Scharff Road, and west of Old Scaggs School Road, and being commonly known as 1499 Stiff Road, Chapel Road, Gunter, TX, is recorded in the Grayson County Deed Records Warranty Deed Instrument No. 2020-4284. Specifically, Mr. Gary Z. Harris and Ms. Kathryn Harris, A/K/A Beverly K. Harris, husband and wife ("Owner"), being more than 50j percent oft the registered voters ofthe area described by the petition as oft the date of the preceding uniform election date and being a majority in value of the holders of title of land in the area described by the petition, are submitting al Landowner Petition (the "Petition") under Subchapter D, Release of Area by Petition ofl Landowner or Resident from Extraterritorial Jurisdiction. The Petition requests removal fromi the City ofGunter ETJ, andt the Petition is consistent with Senate Billl No. 2038 ("SB 2038") which became Please note the Owners' voter registration cards are submitted as Exhibit B of the Petition. Mr. Harris and Ms. Kathryn Harris, A/K/A Beverly K. Harris voter registration numbers, 1025373546 Gary and Should you have questions or require additional information, please do not hesitate to contact me at  east of  effective on September 1, 2023.  Z. (469)  1025374269, respectively, can be verified by their voter registration cards.  469-989-7265 or at ob@daake-law.com. Thank you.  Very truly yours,  THEL LAW OFFICESOF ROBERT D.DAAKE, PLLC  Robert D. Daake, P.E.  Thel Law Offices of Robert D. Daake, PLLC. Rob! Daake, President 322W.V Walnuts Street, Suite: 210, Celina, TX75009 rob@daake- law.com    DaakeLaw The Law Offices of Robert D. Daake PLLC  Attachments: Landowner. Petition. Requesting Removal From ETJ( (signed 9/9/2024)  Property Deed Signed and Dated February 6, 2020 (Instrument Number: 2020-4284)  Subject. Property Location Map (datedg 9/9/24) Ms. Karen Souther, Mayor Ms. Courtney Morris, City Attorney  Cc:  Ms. Detra Gaines, Director of Administration/City Secretary  Thel Law Offices ofF Robert D. Daake, PLLC. Rob Daake, President 322 W. Walnut Street, Suite 210, Celina, TX75009 rob@daake-law.com    LANDOWNER PETITION REQUESTING REMOVAL FROM ETJ (the "Petition") TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GUNTER,TEXAS: A. The undersigned Dr. Gary Z. Harris and Kathryn Harris, A/K/A Beverly K. Harris. husband and wife ("Land Owner") hereby petitions the City Council oft the City of Gunter, Texas. al home rule municipality (the "City"), to remove from the City's Extraterritorial Jurisdiction ("ETJ") the tract ofl land being a 61.00 acre tract of land situated in the Robert Mason Survey. Abstract Number 784, County of Grayson County. Texas. and being more specifically described by metes and bounds of such territory in the attached Exhibit A which are incorporated herein by reference for all purposes (the "Removed Tract"), the undersigned Land Owner being more than 50 percent ofthe registered voters oft the area described by the petition as oft the date oft the preceding uniform election date and being a majority in value oft the holders oft title ofland in the B. The Petition is authorized pursuant to Chapter 42, Texas Local Government Code  area described by the petition.  ("LGC"). .L Landowner certifies:  a. The Landowner is the owner or owners oft the majority in value of an area consisting of one or more parcels ofl land in a umepalyiesmeriorial jurisdiction and may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction.  b. The Removed Tract:  i. isn not within five miles ofthe boundary ofar military base, as defined by LGC Section 43.0117, at which an active training program is conducted: ii. isnoti in an area that was voluntarily annexed into the extraterritorial jurisdiction that is (A) located in a county in which the population grew bymore than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020 and (B) that has a population ii. isi not within the portion oft the extraterritorial jurisdiction ofa municipality with a population ofr more than 1.41 million that is (A) within 15 miles of the boundary of a military base, as defined by LGC Section 43.0117. at which an active training program is conducted; and (B) ina iv. is not in an area designated as an industrial district under LGC Section  greater than 240,000;  county with a population of more than two million;  42.044:a and    V. isnot in an area subject to a strategic partnership agreement entered into  under LGC Section 43.0751.  The Petition meets the requirements ofLGC Section 42.104:  The petition requesting release under this subchapter has been signed by (1)n more than 50j percent of the registered voters oft the area described the petition as oft the date oft the preceding uniform election date or (2)a by majority in value oft the holders of title ofl land in the area described by the petition, as indicated by the tax rolls oft the applicable central appraisal ii. The person filing aj petition under this subchapter has satisfied the signature requirement described by Subsection (a) not later than the 180th day after the date the first signature for the petition was oblained. ii. All signatures collected under this section are in writing.  district.  iv. The petition does include a map oft the land to be released and describes the boundaries oft the land to be released by (1) metes and bounds or (2) lot and block number, ift there is a recorded map or plat.  D. The Land Owner voter registration cards are hereby attached inl Exhibit B. E. This petition is signed and duly acknowledged by Landowner, which is the sole  having a fee ownership interest in the Removed Tract.  party  SIGNATURES TO FOLLOW ON NEXT PAGE]    Exhibit A LEGAL DESCRIPTION  All that certain tract or parcel ofl land situated in the Robert Mason 784. County of Grayson, State ofTexas: said tract Volume 2334 Page 763 ofthe Deed Records of the more fully described as follows:  Survey. Abstract Number 02 May 1994. and Recorded in County of Grayson, State ofTexas. and being  described in Deed to Tommy Reed et ux. Deana Reed. being Filed part ofac called 61.000 Acre tract as  BEGINNING for the southeast corner of the tract being described herein at 9 Rebar, said Rebar being the southeast corner ofsaid Reed Tract and the Volume 1251 Page 172 ofs said Deed Records, said rebar also  found 1/2 inch et al, and Recorded in  called 121.63 Acre tract as shown by Deed to Maragret Ann Jaresh Klecka southwest corner ofo  asphalt surfaced county road):  being in Stiff Chapel road (an  THENCE: North 89 degrees 22 minutes 31 seconds West, with the south and with said road. a distance ofs 987.56 feet to aset 1/2 inch Steel  line ofs said Reed Tract, Square tubing for the  southeast corner of said Reed Tract: Road a Set 1/2 Inch Steel Square tubing. and  THENCE: North 0 Degrees 35 Minutes 52 Seconds East, and passing on the north  side or said  2693.161 Records:  continuing on said course for a Total  feet to a set 1/2 inch Steel Square Tubing for the northwest corner of said distance of and on the south line ofad called 200 acre Tract as described inl Deed to Fred D. Holt Reed Tract, Karen A. Holt, filed 06 October 1993, and recorded in Volume 2298 Page 469 ofs said Le Deed et ux. THENCE: South 89 Degrees 04 Minutes 5 Seconds East, with the North line ofs said Reed and the south Line ofs said Holt tract, and with al barbed wire fence. a distance of987.58 feet Tract. found 1/2 inch Rebar by a wood fence corner post for the northeast corner ofs said Reed Tract. toa  some being the northwest corner ofs said Klecka tract:  THENCE: South 00 degrees 35 minutes 52 seconds West, and passing of 2659.90 fence corner post on the North line ofs said road, and continuing on said course for feet a wood distance of2688.10 feel to the POINT OF BEGINNING and containing 61.00 Acres at total of land.    By: Gary Z. Harris 27  STATE  OF TEXAS  S S  COUNTY OF Grayson S by Gary Z. Harris. known and for the  This instrument was acknowledged before me on  guayo  to mei to be the therein stated. DEDRA J. BATES Notary Public, State of Texas Comm. Expires 12-17-2024 Notary ID1 1053781-3  offeplebsp2024  person who executed this agreement in the capacity DANDRaL Notary PublicState of Texas Daosmbor 1,204 My Commission Expires"  purposes  [SEA L]  :  Harris, AKIA Beverly K. Harris  STATE OF TEXAS  COUNTY OF Grayson  This instrument was acknowledged before me on the 94h day of  Harris,  fopumcer 2024.  by Kathryn  A/K/A Beverly K. Harris. known to me to be the person who executed this  agreement in the capacity and for the purposes therein stated.  D7E Notary PublicState ofTexas Dunba 1,2024 My Commission Expires  DEDRA J. BATES Notary Public, State of Texas Comm. Expires 12-17-2024 Notary ID 1053781-3  [SEAL]    Exhibit B  VOTER REGISTRATION CARDS  SERVICE REQUESTES  54K01 METHT  :  RETURNS SERVICE 3 244 a 5x 15.121241  A413 3S  N  736 ATOBSTYSA * EVERYMAEEMEADAS SSSTIFF CHAPELRO PALOTF POINTT TX7 76258-3219    Grayson County Wilma Bush County Clerk Sherman, TX7 75090  Instrument Number: 2020-4284 ERecordings-RP  Recorded On: February: 20, 2020 11:05A AM Parties: HARRIS GARYZ Total Recording: $24.00  Number of Pages: 4  Examined and Charged as Follows: :  THIS PAGE IS PART OF THE INSTRUMENT Any provision herein whichr restricts the Sale, Rental or use oft the described Document because of color orr race is invalid and unenforceable underf federal law.  File Information: Document Number: 4284 Receipt Number: User: Station:  Record and Return To: Simplifile  20200220000031 Shannon B CLERKO6 STATE OF TEXAS COUNTY OF GRAYSON Wilma Bush County Clerk Grayson County, TX  Recorded Date/Time: February: 20, 2020 11:05AM  COUN  Ihereby certify that this Instrument was FILED Int the File Number sequence on the date/time printed hereon, and was duly RECORDED int the Official Records of Grayson County, Texas.    2020 -4284  NOTICE OF CONIDINTALTYRIGHTS:  FYOUAREANATURAL PERSON, YOIMAYRINOVEOASTRIK: OF THE FOLLOWING INFORMATION FROM ANY TRANSFERS AN INTEREST IN REAL PROPERTY RECORD IN THE PUBLIC RECORDS: YOUR YOURI DRIVERSLICENSE NUMBER.  ANYORALL INSTRUMENT THAT BEFORE IT IS FILED FOR SOCIAL SECURITY NUMBER OR  GENPRALWABRANTYDEED February6, 2020  Date: Grantor: wife Grantee:  Gary Z. Harris and Kathryn Harris, A/K/A Beverly K. Harris, husband  and  Gary Z. Harris and Beverly K. Harris, husband and wife, as joint tenants  with the right of survivorship  Grantee's Mailing Address: 1499; STIFF CHAPEL RD., Pilot Point, TX 76258 Consideration: In and for the sum $0.00 (Zero Dollars and Zero valuable consideration, the receipt ofv which is hereby acknowledged. Cents)  and other  good and  LEGAL DESCRIPTION OF THE PROPERTY  All that certain tract or parcel of land situated in the Robert Mason described in Deed to Tommy Reed et ux, Deana Reed. Filed 021  784. County of Grayson, State of Texas: said tract being part ofa called Survey, Abstract Number Volume 2334 Page 763 of the Deed Records of the County of May 1994, and Recorded in BEGINNING for the southeast corner oft the tract being described herein at 9 found Rebar, said Rebar being the southeast comer ofs said Reed' Tract and the called 121.63. Acre tract as shown by] Deed tol Maragret Ann Jaresh Klecka southwest corer ofo in Volume 1251 Page 172 of said Deed Records, said rebar also being in Stiff et al, and Recorded THENCE: North 89 degrees 22 minutes 31 seconds West, with thes south! line ofs said and withs saidi road. ac distanceof987.561 feettoas set 1/2i inch Steel  61.000 Acre tract as Grayson, State of Texas, and  being more: fully described as follows:  1/2 inch Chapel road (an Reed' Tract,  asphalt surfaced county road): corner ofs said Reed' Tract:  Squaretubingi fort thes southeast  Page 1of3    2020-4284  THENCE: North 001 Degrees 351 Minutes 52 Seconds East, and Road a Set 1/21 Inch Steel Square tubing, and Karen A. Holt, filed 06 October  passing on thei north side or said  2693.16 feet to a set 1/2 inch Steel Square continuing for on said course for o' Total distance of and ont the south line of a called 200 acre' Tract Tubing the northwest corner of said] Reed Tract,  as described in Deed to Fred D. Holt m. et ux.  Records:  1993, and recorded in Volume 2298 Page 469 of said Deed  THENCE: South 89 Degrees 04 Minutes 55 Seconds East, with the Tract, some being the northwest corner ofs said Klecka post tract: THENCE: South 00 degrees 35 minutes 52 seconds West, and fence corner post ont thel North line ofs said road, and  Tract, and the south Line of said Holt tract, and with al barbed wire North line of said Reed feet toaf found 1/2 inch Rebar by A wood fence corner for the fence, a distance of 987.58  northeast corner ofsaid] Reed passing of 2659.90 feet a wood  of2688.1 101 feel to the POINTO OF BEGINNINGand continuing on said courset foratotal distance  containing 61.00 Acres ofland.  NOTE: The Company does not represent the above referenced  calculations are correct,  acreage or square footage  Reservations from Conveyance: NONE Exceptions to Conveyance and Warranty:  1. All valid and subsisting easements, restrictions, rights of  and reservations and covenants of whatsoever nature of record, way, conditions, exceptions other governmental authorities regulations, ordinances and statutes of municipal or  zoning laws and other restrictions, described real Property.  ifany, and also to the  applicable to and enforceable against the herein  2. Any prior reservation of oil, gas and other minerals in, on or under the herein described Property by Grantor's predecessors in title together with any leases Grantor, for the Consideration and subject to thel Reservations from together withalla ands singular ther rights anda appurtenances thereto in and to hold it to Grantee, Grantee's heirs, executors, assigns to warrant and forever defend all and singular executors, the heirs, executors, administrators, successors and Conveyanceandi thel Exceptions to Conveyanceand  interest.  pertaining to such  Exceptions to Conveyance and Warranty grants, sells, and conveys to Grantee Conveyance and the forever. Grantor binds Grantor and Grantor's heirs, administrators, successors, or assigns lawfully claiming or to claim the same or any part assigns thereof, against every person whomsoever  the Property,  any wisel belonging, tol have administrators, successors, and Property unto Grantee and Grantee's except as to thel Reservations from  Warranty contained] herein.  The purpose of this Deed is to: Vest Titlei in Gary Z. Harris and Beverly K. Harris  Page 2of3    2020-4284  singular nouns and pronouns include the plural.  le Ai  GaryZ.Harris  AKH  A7  Kathryn Harris, A/K/A Beverly K. Harris  Bechhin  STATEOF Texas COUNTYOF COLLIN  2020 by This Gary instrument Z. Harris was and acknowledged before meon the_ 6th day of February  Kathryn Harris, A/K/A Beverly K. Harris.  BETTYCOSGROVE Notary ID# 531900-5 My Commission Expires March1,2023  Coagene  hey  Notary Public, State ofTexas My Commission Expires: 3-1-2023  This instrument prepared by:  Jay A. Rosenberg, Esq., Texas Bar Number 24094479, Rosenberg  Edwards Road, Suite 550, Cincinnati, Ohio 45209 (513)247-9605 LPA, Fax: Attorneys AtLaw, 3805  (866)611-0170.  TEXAS  Page 3of3    03 0110  GBEHEVHOS  I E  a      OF EST.1901  CITY COUNCIL MEETING September19,2024 6:00PM  GUNERI  AGENDA ITEM #26  COUNCIL BUSINESS EXECUTIVE SESSION  Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City Attorney on a matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules ofProfessional Conduct oft the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re:  executive session (closed meeting) to discuss the following:  a. BNSF Litigation  AGENDA ITEM UNNARYBACKGROUND  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIALIMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See. Attachments    O EST.1901  CITY COUNCIL! MEETING September 19, 2024 6:001 PM  GUNERI  AGENDA ITEM #27  RECONVENE TOC OPEN SESSION  In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in] Executive Session. Discuss, and take appropriate action on any Executive Session item.  AGENDA ITEM SUNPARYBACKGROIND  PRESENTED BY: Karen Souther, Mayor RECOMMENDATION:  FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A  ATTACHMENTS: See Attachments    IY O GUNGMERI EST.1901  CITYC COUNCIL MEETING September19,; 2024 6:00P PM  AGENDA ITEM #28  Discuss, consider, and act on determining agenda items to be placed on future City Council meeting agendas and direct the City Secretary as to which future agendas the item should be  placed upon  AGENDA ITEM SUMMARY/BACKGROUND:  PRESENTEDI BY: Karen Souther, Mayor RECOMMENDATION: FINANCIAL IMPACT: N/A LEGAL: REVIEW: N/A  ATTACHMENTS: See Attachments