NOTICE AND AGENDA OF REGULAR CALLED MEETING  MP  MOUNT PLEASANT CITY COUNCIL Tuesday, November 2024 6:00 P.M. 501 North Madison, Mount Pleasant, Texas  MP  5,  at  City of  City of  MOUNT PLEASANT  MOUNT PLEASANT  PURSUANT TO CHAPTER 551.127, TEXAS GOVERNMENT CODE, ONE OR MORE COUNCIL MEMBERS MAY ATTEND THIS MEETING REMOTELY USING VIDEOCONFERENCING TECHNOLOGY. THE VIDEO AND AUDIO FEED OF THE VIDEOCONFERENCING EQUIPMENT CAN BE VIEWED AND HEARD BY THE PUBLIC Undert the Americans with Disabilities Act, an individual with a disability must have equal opportunity for effective communication and participation in public meetings. Upon request, agencies must provide auxiliary aids and services, such as interpreters for the deafand hearing impaired, readers, large print or Braille documents. In determining the type of auxiliary aid or services, agencies must give primary consideration to the individual's request. Those requesting auxiliary aids or services should notify the contact person listed on the meeting several days before the meeting by mail, telephone, or RELAY Texas. TTY: 7-1-1. The public may participate by joining YouTube: ntps/www.youtub.com/ginsctvotoumpeasanteexall5/streams  ATTHE ADDRESS POSTED. ABOVE ASTHE LOCATION OF THE MEETING.  CALLTO ORDER REGULAR AGENDA 2. Public Comments:  1. Consider Approval ofOctober 15, 2024 Minutes.  The City Council welcomes citizen participation and comments at all Council meetings. Citizen comments are limited to two minutes out of respect for everyone's time. The Council is not permitted to respond to your comments. The Texas Open Meetings. Act requires that topics of discussion/lelberation be posted on an agenda not less than 72 hours in advance of the Council meetings. Ifyour comments relate to a topic that is on the agenda, the Council will discuss the topic on the agenda at the time that the topic is discussed and deliberated.  3. Consider Resolution 2024-16 Approving the Tax Roll and Tax Levy.  4. Consider pay request #61 to Schneider Electric for work on the Meter Replacement Project. 5. Consider Resolution 2024-17 Adopting the Prohibited Technology Policy for the City of Mount Pleasant. 6. Consider a request from Scott Hart on behalf of Christus Health for approval of a preliminary plat for Anderson Town Crossing Addition, Phase One, Lot 1,a a 12.875-acre tract of land located north of Tankersley Road, east of 7. Consider a request from Scott Hart on behalf of Christus Health for approval of a PD Site Plan for the Christus 8. Consider a request from Scott Hart on behalf of Christus Health for approval of a final plat for Anderson Town Crossing Addition, Phase One, Lot 1, a 12.875-acre tract of land located north ofTankersley Road, east of County 9. Staff presentation and council discussion on whether to proceed with proposed city ordinance authorizing the issuance of licenses to private individuals authorizing the construction of boat houses, docks, piers, and certain  County Road 2010 and west ofU.S. Hwy 271. PP-2024-05  Health project ini the Anderson Town Crossing Development on Lot 1, Phase 1. SP-2024-09  Road 2010 and west ofU.S. Hwy 271. FP-2024-05 other improvements on Lake Tankersley. 10. Consider Awarding Street Materials Bid #6-2024  11. City Manager's Report EXECUTIVE SESSION  Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, The City Council will recess into Discussion of possible settlement of Cause No. 43346, Luis and Alma Lozano's Appeal of Special Commissioner's Award, pending in the 76th District Court of Titus County; (Consultation with Attorney $551.071 and Real Estate Discussion of possible resolution of lease negotiations relating to City's lease of 418 North Madison, Mount Pleasant,  executive session (closed meeting) to discuss the following:  $551.072)  Texas (Consultation with Attorney $551.071 and Real Estate $551.072)    'Personnel Matters" and 'Consultation with Attorney'; discuss, the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Tex Gov't Code 551.074 and 551.071) Discussion of possible settlement of claims against KSA Engineers, Inc. concerning two raw water transfer pumps and In: accordance with Texas Government Code, Chapter 551, the City Council will reconvene into regular session 12. Consider and possible action on settlement of claims against KSA Engineers, Inc. concerning two raw water transfer 13. Consider and possible action accepting terms of agreement with G&M LLC relating to City's lease at 418 North Icertify the above notice of meeting is a true and correct copy of said notice and that same was posted on the bulletin board of City Hall of the City of Mount Pleasant, Texas, a place readily accessible to the general public at times, by 5:00pm on the 1st of November 2024 and remained SO posted for at least 72 hours preceding the scheduled of said  Discussion of possible Council Appointees  motors used at the Bob Sandlin Water Treatment Plant (Consultation with Attorney $551.071)  RECONVENE INTOTHE REGULAR SESSION  toc consider action, if any, on matters discussed in executive session. pumps and motors used at the Bob Sandlin Water Treatment Plant.  Madison, Mount Pleasant, Texas.  ADJOURN  meeting.  Amdingubunby Candias Webster, City Secretary    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024 Staff Contact: Candias Webster, Department: Administration  MP  City Secretary  City of  MOUNT PLEASANT Subject:  Consider Approval of October 15, 2024 Minutes.  Item Summary:  This is a Typed copy of the minutes from the October 15, 2024 Meeting.  Financial Impact: N/A  Recommendationls!:  Approve the October 15, 2024 minutes  Attachments: 2024.10.15 Reqular    STATE OF TEXAS COUNTY OF TITUS CITY OF MOUNT PLEASANT  The City Council of the City of Mount Pleasant, Texas, after notice posted in the manner, form and contents as required by law, met in Regular Session October 15, 2024, at 6:00PM. at the Council  Chambers located at 501 North Madison with the following members present:  Tracy Craig Carl Hinton Sherri Spruill Kelly Redfearn Jonathan Hageman Greg Nyhoff Candias Webster Lea Ream  Mayor Mayor Pro-Tem Council Member Council Member Council Member City Manager City Attorney  Assistant City Manager/City Secretary  CONSIDER APPROVALOF OCTOBER 1, 2024 REGULAR SESSION MINUTES.  Motion was made by Council Member Spruill, Second by Council Member Redfearn to Approve October 1, 2024  Regular Minutes Upon a vote, motion carried unanimously.  MEMBERS OF THE PUBLIC WERE PROVIDEDI THE OTPOKINIYTDCOANNENT  No action was taken by Council.  PRESENTATION OF DONATION TOGUADALUPE HERRERA FROMTRAYLOR & ASSOCIATES. Wesley Traylor was present to present a $500 Donation to Guadalupe Herrera for the Fire Department she won at PRESENTATION ON MEDICAL LIAISON SERVICES AVAILABLE FROM SHELETHA BRATTON,  TML.  APRN, FNP-C.  Sheletha Bratton presented with no action being taken by the Council. ATTHE SOUTHSIDE WASTEWATER TREATMENT PLANT.  CONSIDER PAY REQUEST #17 FROM HERITAGE CONSTRUCTIONIICI FOR WORK PERFORMED Motion was made by Council Member Hageman, Second by Council Member Hinton to Approve pay request #17 in the amount of$1,158,805.771 to Heritage Construction LLC for work at the Southside Wastewater Treatment Plant. CONSIDER A REQUEST FROM SCOTT HART ON BEHALF OF CHRISTUS HEALTH FOR APPROVAL OF A PRELIMINARY PLAT FOR ANDERSON TOWN CROSSING ADDITION, PHASE ONE, LOT 1, A 12.875-ACRE TRACT OF LAND LOCATED NORTH OF TANKERSLEY ROAD, EAST  Upon a vote, motion carried unanimously.  OF COUNTY ROAD 2010 AND WEST OF U.S. HWY 271. PP2024-05 At the request of Christus Health, this item was removed from the agenda.  CONSIDER A REQUEST FROM SCOTT HART ON BEHALF OF CHRISTUS HEALTH FOR APPROVAL OF A PD SITE PLAN FOR THE CHRISTUS HEALTH PROJECT IN THE ANDERSON  TOWN CROSSING DEVELOPMENTON LOT1, PHASE 1.SP-2024-09 At the request of Christus Health, this item was removed from the agenda.    CONSIDER A REQUEST FROM SCOTT HART ON BEHALF OF CHRISTUS HEALTH FOR APPROVAL OF A FINAL PLAT FOR ANDERSON TOWN CROSSING ADDITION, PHASE ONE, LOT 1.A12.875-ACRE IRACTOFLANDIOCATIP NORTHOFTANKERSLEY ROAD, EASTOF COUNTY  ROAD 2010 AND WEST OF U.S. HWY271. FP-2024-05 At the request of Christus Health, this item was removed from the agenda.  RESPONSE FROM DATAMAX ABOUT NOTICE FROM THE CITY OF BREACH, DEFAULT, AND OPPORTUNITY TO CURE, AND POSSIBLE DISCUSSION AND ACTION ON THE CURRENT Justin Huffaker was present to respond to the notice from the City on Breach, Default and the opportunity to cure.  CONTRACT BETWEEN DATAMAX AND THE CITY OF MOUNT PLEASANT.  Council listened and responded to. Justin, but no action was taken.  MONTHLY) DEPARTMENT REPORT EXECUTIVE SESSION  Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, The City Council will recess into Discussion of possible settlement of claims against KSA Engineers, Inc. concerning two raw water transfer pumps and motors used at the Bob Sandlin Water Treatment Plant (Consultation with Attorney $551.071); Discussion of status ofrecruitment for City Manager; (Consultation with Attorney $551.071 and Personnel Matters Consider Board Appointments and Structure of Boards and Commissions (Consultation with Attorney $551.071 and  executive session (closed meeting) to discuss the following:  $551.074);  Personnel Matters $551.074)  RECONVENE INTOTHE REGULAR SESSION  In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into regular CONSIDER AND POSSIBLE ACTION ON SETTLEMENT OF CLAIMS AGAINST KSA ENGINEERS, INC. CONCERNING TWO RAW WATER TRANSFER PUMPS AND MOTORS USED AT THE BOB  session to consider action, ifa any, on matters discussed in executive session  SANDLIN WATER TREATMENT PLANT.  The Mayor tabled until the next meeting when wording can be worked out. CONSIDER APPOINTMENTTOTHE MAIN STREET BOARD. the Main Street Board. Upon a vote, motion carried unanimously.  Motion was made by Council Member Redfern, Second by Council Member Hinton to appoint Lauren Ferguson to  CONSIDER/ APPOINTMENTTOTHE PLANNING/ AND ZONING COMMISSION. Planning and Zoning Commission. Upon a vote, motion carried unanimously.  Motion was made by Council Member Hageman, Second by Council Member Spruill to appoint Wade Clark to the  ADJOURN: 7:46 PM  TRACY CRAIG, SR, MAYOR  ATTEST:  CANDIAS WEBSTER, ASSISTANT CITY MANAGERCITY SECRETARY    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024  MP  Department:  City of  MOUNT PLEASANT Subject:  Public Comments:  The City Council welcomes citizen participation and comments at all Council meetings. Citizen comments are limited to two minutes out of respect for everyone's time. The Council is not permitted to respond to your comments. The Texas Open Meetings Act requires that topics of discussion/deliberation be posted on an agenda not less than 72 hours in advance of the Council meetings. If your comments relate to a topic that is on the agenda, the Council will discuss the topic on the agenda at the  time that the topic is discussed and deliberated.    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024  MP  Department:  City of  MOUNT PLEASANT Subject:  Consider Resolution 2024-16 Approving the Tax Roll and Tax Levy.  Item Summary:  This resolution shows the taxable value, the adopted tax rate applied and the calculated tax levy.  Financial Impact: N/A  Recommendation(s!: Approve Resolution 2024-16  Attachments:  Resolution 2024-16 Tax Roll Approval and Tax Levy    APPRI  Dear Taxing Jurisdictions;  Enclosed please find the "Tax Roll Approval and Tax Levy Resolution" to be approved. By using this resolution each unit is in compliance with Section 26.09 (e) of the Property Tax Code. This resolution shows the taxable value, the adopted tax rate applied and the calculated tax levy.Ihave enclosed a copy of the recap sheet for the Tax Roll Value and Levy. Iwould appreciate it if you would put this item on your agenda for your next meeting and send  me a copy ofthis resolution when approved.  Ifyou. have any questions, or need any additional information, please let me know.  Thank you.  Shirley Dickerson RPA, RTA, CTA, CCA    CITY OF MOUNT PLEASANT  TAX ROLL APPROVAL AND TAX LEVY RESOLUTION 2024-16 WHEREAS, a tax rate of $.262433 for maintenance and operations and a tax of $.002441 foe cemeteries in the City and a taxi rate of$.075540 for interest and sinking fund were adopted for the tax year 2024 by the City ofl Mount Pleasant City Council on September 24, 2024 and WHEREAS, all other things required by law to be done have been done properly by the appropriate officials, and the tax assessor has prepared the certified appraisal roll with the amount oft tax entered as set out in Section 26.09 (e) oft the Property Tax Code, now therefore ITI IS HEREBY RESOLVED, by affirmative vote of the City of Mount Pleasant City Council, that the 2024 appraisal roll with the tax amounts entered is hereby approved as the tax roll for 2024 and the taxes for said year are hereby levied in the amounts shown on said tax roll.  2024 Tax Roll Taxable Value Late Ag Penalty 20241 Levy  $ 1,688,862,285 $ 906.16 5,750,029.20  A recap of said roll is to be attached.  DATE ATTEST:  Tracy Criag, Sr., Mayor City ofl Mount Pleasant, City Council  Candias Webster, City Secretary City ofN Mount Pleasant, City Council    Titus County Property Count: 8,684 Land Homesite: Non Homesite: Ag Market: Timber Market: Improvement Homesite: Non Homesite: Non Real Personal Property: Mineral Property: Autos: Ag Total Productivity Market: Ag Use: Timber Use: Productivity Loss:  2024 LEVY TOTALS 103- City of Mt Pleasant Grand Totals  10/17/2024 8:27:44AM  Value 71,955,823 332,308,565 25,962,687 8,285,652 Total Land Value 614,724,246 811,837,653 Total Improvements Value 462,436,033 0 0 Total Non Real Market Value Exempt 347,800 13,382 Productivity Loss 0 Appraised Value 334,418 Homestead Cap 23.231 Cap Assessed' Value Total Exemptions Amount () (Breakdown on! Next Page) Net Taxable  (+) (+)  438,512,727 1,426,561,899  Count 1,206 0 0 Non Exempt 33,900,539 314,979 106,273 33,479,287  (+)  462,436,033 2,327,510,659 33,479,287 2,294,031,372 110,172,073 10,002,200 2,173,857,099 484,994,814 1,688,862,285  () () ()  Levy Info M&O Rate: I&S Rate:  0.2648740 0.0755400  M&O Tax: I&S Tax: Protected I&S Tax: Ag Penalty: PPL Late Penalty: Late Correction Penalty:  4,473,356.45 1,275,766.59 0.00 906.16 0.00 0.00 Total Levy 0 0.00  Protected I&S Rate: 0.0000000  5,750,029.20  Tax Increment Finance Value: Tax Increment Finance Levy:  103/3  Page 1 of6    Titus County Property Count: 8,684 Exemption AB DV1 DV2 DV3 DV4 DV4S DVHS DVHSS EX EX-XF EX-XG EX-XJ EX-XL EX-XR EX-XU EX-XV EX-XV (Prorated) EX366 FR HS LIH OV65 PC PPV  2024 LEVY TOTALS 103-City of Mt Pleasant Grand Totals Exemption Breakdown Local 10,463,259 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 124,601,264 0 3,233,155 10,584,050 907,083 149,788,811  10/17/2024  8:27:55AM  Count 6 3 2 7 60 4 33 3 6 3 4 3 8 12 448 7 203 1 2,870 2 1,132 1 10 Totals  State 15,000 15,000 60,000 533,750 48,000 6,394,341 493,590 171,653 738,533 3,357,793 150,064 235,837 805,928 1,198,052 320,637,944 111,922 224,221 0 0 14,375 0 0 0 335,206,003  Total 10,463,259 15,000 15,000 60,000 533,750 48,000 6,394,341 493,590 171,653 738,533 3,357,793 150,064 235,837 805,928 1,198,052 320,637,944 111,922 224,221 0 124,601,264 14,375 3,233,155 10,584,050 907,083 484,994,814  103/3  Page 2of6    Titus County Property Count: 8,684. State Code Description  2024 LEVY TOTALS 103 - City of Mt Pleasant Grand Totals State Category Breakdown Count Acres 4,488 1,988.4068 91 48.8514 873 592.8507 281 3,736.8508 31 171 980.9354 863 1,050.6928 75 760.8985 7 0.8254 11 20.8952 15 2.8098 8 7.9300 18 2.8170 721 205 217 7 9.2306 20 706 2,697.6010 Totals 11,901.5954  10/17/2024 8:27:55AM  New Value $9,318,896 $261,454 $0 $0 $0 $1,171,677 $6,045,750 $35,582,034 $0 $0 $0 $0 $0 $0 $0 $210,176 $0 $0 $2,095,694 $54,685,681  MarketValue $878,720,946 $54,887,132 $30,586,297 $33,900,539 $479,338 $24,845,077 $358,454,958 $148,037,844 $3,130,615 $21,080,673 $2,985,619 $6,786,139 $872,754 $106,692,840 $306,892,627 $3,799,750 $361,071 $16,091,697 $328,904,743 $2,327,510,659  Taxable Value $633,668,695 $54,448,219 $29,095,914 $418,015 $476,420 $20,550,598 $354,837,927 $138,983,302 $3,130,615 $21,080,673 $2,985,619 $6,786,139 $872,754 $106,692,840 $294,822,617 $3,559,170 $361,071 $16,091,697 $0 $1,688,862,285  A SINGLE FAMILY RESIDENCE B MULTIFAMILY RESIDENCE C1 VACANT LOTS ANDL LAND TRACTS D1 QUALIFIED OPEN-SPACE LAND D2 IMPROVEMENTS ON QUALIFIED OP E RURAL LAND, NON QUALIFIED OPE F1 COMMERCIAL REAL PROPERTY F2 INDUSTRIAL AND MANUFACTURIN J2 GAS DISTRIBUTION SYSTEM J3 ELECTRIC COMPANY (INCLUDING C J4 TELEPHONE COMPANY (INCLUDI J5 RAILROAD J6 PIPELAND COMPANY L1 COMMERCIAL PERSONAL PROPE L2 INDUSTRIAL AND MANUFACTURIN M1 TANGIBLE OTHER PERSONAL, MOB O RESIDENTIAL INVENTORY S SPECIAL INVENTORY TAX X TOTALLY EXEMPT PROPERTY  103/3  Page 3 of6    Titus County Property Count: 8,684 State Code Description  2024 LEVY TOTALS 103-C City ofl Mt Pleasant Grand" Totals CAD State Category Breakdown Count Acres 4,452 1,941.5278 22 38.0572 105 8.8218 38 29.3523 53 19.4991 1 0.2009 791 375.9326 81 216.7172 31 62 128.9874 6 6.7665 20 16.9276 101 825.1922 863 1,050.6928 75 760.8985 7 0.8254 11 20.8952 15 2.8098 8 7.9300 18 2.8170 721 204 1 7 9.2306 20 706 2,697.6010 Totals 11,901.5954  10/17/2024 8:27:55AM  New Value $9,302,699 $5,681 $10,516 $260,820 $634 $0 $0 $0 $0 $0 $1,171,677 $0 $0 $0 $6,045,750 $35,582,034 $0 $0 $0 $0 $0 $0 $0 $0 $210,176 $0 $0 $2,095,694 $54,685,681  Market Value $875,796,231 $1,630,296 $1,294,419 $42,369,451 $12,517,681 $7,875 $16,774,171 $13,804,251 $33,917,865 $479,338 $14,980,647 $92,906 $602,152 $9,152,046 $358,454,958 $148,037,844 $3,130,615 $21,080,673 $2,985,619 $6,786,139 $872,754 $106,692,840 $296,308,577 $10,584,050 $3,799,750 $361,071 $16,091,697 $328,904,743 $2,327,510,659  Taxable Value $631,596,104 $1,047,981 $1,024,610 $42,224,535 $12,223,684 $7,875 $15,422,695 $13,665,344 $435,341 $476,420 $11,802,159 $93,407 $550,063 $8,087,643 $354,837,927 $138,983,302 $3,130,615 $21,080,673 $2,985,619 $6,786,139 $872,754 $106,692,840 $294,822,617 $0 $3,559,170 $361,071 $16,091,697 $0 $1,688,862,285  A1 SINGLE-FAMILY RESIDENCES A2 MOBILE HOMES ATTACHED TOLAN A3 MISCELLANEOUS IMPROVEMENTS B1 APARTMENTS B2 DUPLEXS, TRIPLEX, OR FOURPLEX, VACANT LOTS ANDI LAND TRACTS VACANT RESIDENTIAL LOTS POTENTIAL COMMERCIAL OR INDU IMPROVEMENTS ON QUALIFIEDI LAN RESIDENTAL LOCATED ON QUALIFI MOBILE HOMES LOCATED ON QUALI IMPROVEMENTS ONI NON QUALIFL RURAL LANDI NOT QUALIFIED COMMERCIAL REALI PROPERTY INDUSTRIAL REAL PROPERTY UTILITIES GAS DISTRIBUTION J3 UTILITIES ELECTRIC COMPANY J4 UTILTITES TELEPONE COMPANIES UTILTIES RAILROAD UTILITIES PIPELINE COMMERCIAL PERSONAL PROPER INDUSTRIAL PERSONAL PROPERTY Conversion M1 MOBILE HOMES NOT ATTACHED TO" 217 01 REALF PROPERTY RESIDENTIAL INV > SPECIAL INVENTORY TAX X EXEMPT  QUALIFIED OPENSPACEAGRICULTL 284 3,739.9125  103/3  Page 40 of6    Titus County Property Count: 8,684  2024 LEVY TOTALS 103 City of Mt Pleasant Effective Rate Assumption New Value  10/17/2024 8:27:55AM  TOTAL NEW VALUE MARKET: TOTAL NEW VALUE TAXABLE:  $54,685,681 $51,407,625  New Exemptions Count 1 1 10 33  Exemption Description EX EX-XL EX-XV EX366 Exemption DV4 DVHS HS OV65  Exempt HB366 Exempt  2023 Market Value 2023 Market Value 2023 Market) Value 2023 Market Value Count 3 2 35 64 104 NEW EXEMPTIONS VALUE LOSS  $0 $235,837 $435,861 $103,179 $774,877 Exemption Amount $36,000 $233,653 $1,330,546 $177,598 $1,777,797 $2,552,674  11.231 Organizations Providing Economic Deve Other Exemptions (including public property,  ABSOLUTE EXEMPTIONS VALUE LOSS  Description Disabled Veterans 70% 100% Disabled Veteran Homestead Homestead Over 65  PARTIAL EXEMPTIONS VALUE LOSS  Increased Exemptions  Exemption  Description  Count  Increased Exemption Amount  INCREASED EXEMPTIONS VALUE LOSS  TOTAL EXEMPTIONS VALUE LOSS  $2,552,674  New Ag Timber Exemptions New Annexations  Count 2  Market Value $275,000  Taxable Value $189,269  New Deannexations Average Homestead Value Category Aa andE  Count ofHS Residences  Average Market $221,364 Category A Only Average Market $219,824  Average HS Exemption  Average Taxable $139,151 Average Taxable $137,960  2,850  $82,213  Count ofHS Residences  Average HS Exemption  2,821  $81,864  103/3  Page 5of6    Titus County  2024 LEVY TOTALS 103-C City ofMt Pleasant Lower Value Used Total MarketValue  Count ofF Protested Properties  TotalValue Used  103/3  Page 6 of6    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024 Staff Contact: Anthony Rasor, Utilities Director  MP  City of  Department: Utilities  MOUNT PLEASANT Subject:  Consider pay request #6 to Schneider Electric for work on the Meter  Replacement Project.  Item Summary:  Pay Request #6 is in the amount of $477,816.52. Between September 21,2024 to October 23,2024 Schneider Electric changed out 811 34- inch meters, 106 - 1-inch meters, 108-2- inch meters. Total meters replaced to date is 4854. Service lines are being evaluated to meet Craig Mesenbrink will be giving a presentation to inform our customers of the Smart Water  the Lead & Copper Rule.  Meter Project and Lead & Copper Survey Update.  Financial Impact:  Original Construction $2,856,630.00 Billing to date $1,854,234.27 Remaining Contract Cost $1,002,395.73 The total amount of this pay request is 477,816.52  Recommendations:  Recommended approval to pay #6 in the amount of $477,816.52  Attachments: Invoice 6 Map Invoice 6 Meter Summary  Mt Pleasant PayApp6 Oct24 PC23P0040 Signed    CONTRACTOR PAY REQUEST  MP  MOUNT PLEASANT, TX  PROJECT: CONTRACTOR: CONTACT:  City of Mount Pleasant Water Meters/PC23P0040 Schneider Electric Buildings Americas, Inc. P.O. Box 841868 Dallas, Texas 75284-1868 Keith Kaiser 832-603-0859 ketth.kaiser@se.com 6  PREVIOUS PAYMENTS Date 7-Mar-24 $ 320,969.85 7-Jun-24 $ 129,450.49 6-Aug-24 $ 215,103.70 3-Sep-24 $ 381,100.07 1-Oct-24 $ 329,793.65 6 7 8 9 10 11 12 13 14 15  Invoice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15  Amount  INVOICE NO.: PAYMENT PERIOD: SCHEDULE:  September 21, 2024 to October 23, 2024.  PAYMENT SUBMITTED: November! 5, 2024  Effective Start Date (NTP): Substantial Completion Days Allowed: Deadline: Days Remaining: %5 Scheduled used: Final Completion Days Allowed: Deadline: Days Remaining: %5 Scheduled used: Change Order No. 1 (date): Current Contract Amount: Total Value of Work to Date: Less Retainage: Liquidated Damages: 0 Days @$0/Day Less Previous Payments: Balance Due this Invoice: Percentage of Contract Paid tol Date:  02/09/24 450 05/04/25 180 60% 480 06/03/25 210 56% Schedule No Change  Total $ 1,376,417.76  PAYMENT: SUMMARY: Original Contract Amount:  2,856,630.00 2,856,630.00 1,951,825.55 97,591.28 1,376,417.76 $ 477,816.52 64.9%  5%  REQUEST FOR PAYMENT: Contractor: Keithhaiser Recommended for Payment by City of Mt. Pleasant  10/24/2024 Date  Date  General          -  c o & e e 00  mn  886 D 80 C  0 8  00  88 e 80  a  1  88 8 d0 d0 o0 0o o o o  00  88 o  00  m  9E89509 9838833    Mount Pleasant Meter Installation Mapi 10/23/2024  Beit-Meshobeb Texas ES  Harts Bluff  Mount Pleasant Independent District  Sports Complex  Twin Lakes Resort Toprated  CoxCo  HolidayInn. Express SutesMount.  Lowe'sHome & Improvement Hampton Suites Mountéleass  ne Shop  Sher  Mt Pleasant    First Baptist.Church  irport-Xs70  The Home Depot  Landfill  Mid Ameriça a Flight Museum Republic Services  Titus CountyFresh Supply District#1 9  Coppergate Ranch a &Country Club V Lake Country Carpet Care  (271)    Invoice 6 September 21-October: 23  Sizes Contract Total 5220 473 Completed Total Meters Completedl In 811 Pay Period Meters Installated by Invoice Mobilization 507  3/4"  1"  2" 287 159 108  3" 4" 6" 8" 10" 7 18 21 1 2 1 1 4 0 0 0 0 0 0 0  Total 6029 4854 1025  % Complete 82.0% 86.7% 55.4% 14.3% 5.6% 19.0% 0.0% 0.0% 80.5%  4279 410  106  Invoice 1 Invoice 2 Invoice 3 Invoice 4 Invoice 5 Invoice 6 Invoice 7 Invoice 8 Invoice 9 Invoice 10  782 1347 1193 1025    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024 Department: Administration  MP  City of  MOUNT PLEASANT Subject:  Consider Resolution 2024-17 Adopting the Prohibited Technology Policy  for the City of Mount Pleasant.  Item Summary:  On June 14, 2023, the Legislature of the State ofTexas enacted SB 1893 prohibiting the use ofTikTok and certain social media applications covered under Chapter 620 on devices owned or leased by governmental entities and requiring the removal of covered applications from those devices. Governor Greg Abbott requires all state agencies to ban the video-sharing application TikTok from all goyerment-owned and issued devices and networks over the Chinese Communist Party's ability to use This policy applies to all City of Mt. Pleasant full and part-time employees, elected officials, contractors, paid or unpaid interns, and other users of the City's networks. The Governor requires all governmental agencies to adopt a Prohibited Technology policy not later than November 20, 2024.  the application for surveilling Texans.  Financial Impact: N/A  Recommendationls!:  Staffrecommends Council approve Resolution 2024-17 adopting the Prohibited Technology Policy.  Attachments:  Resolution 2024-17 Prohibited Tech Policy    RESOLUTION 2024-17  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNT PLEASANT, TEXAS, APPROVING AND. AUTHORIZINGTHE ADOPTION OF A POLICY: (OPROHIBITINGTHE INSTALLATION OF TIKTOK OR ANY OTHER APPLICATION ON ANY DEVICE OWNED OR LEASED BY THE CITY, AND (2) REQUIRING THE REMOVAL OF TIKTOK AND ANY  OTHER COVERED APPLICATIONS FROM THOSE DEVICES.  WHEREAS, on June 14, 2023, the Legislature of the State of Texas enacted SB 1893 prohibiting the use of TikTok and certain social media applications covered under Chapter 620 on devices owned or leased by governmental entities and requiring the removal of covered applications from those devices; and WHEREAS, Governor Greg Abbott requires all governmental agencies to ban the video-sharing application TikTok from all goverment-owned and issued devices and networks over the Chinese Communist Party's WHEREAS, Governor Abbott requires all governmental agencies to adopt a Prohibited Technology policy not NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT SECTION 1. That the findings and provisions set out in the preamble to this resolution are hereby in all things SECTION 2. This policy applies to all City of Mt. Pleasant full- and part-time employees, elected officials, contractors, paid or unpaid interns, and other users of the City'snetworks. All City employees are responsible SECTION 3. Except where approved exceptions apply, the use or installation (download) of covered applications is prohibited on all City-owned or -leased devices, including cell phones, tablets, desktop and SECTION 4. The City of Mount Pleasant will provide protection against ongoing and emerging technological threats to the government's sensitive information and critical infrastructure, DPS and DIR will regularly monitor and evaluate additional social media applications or services that pose a risk to this state. SECTION 5. That this resolution shall be effective immediately from and after its date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MOUNT PLEASANT,  ability to use the application for surveilling Texans.  later than November 20, 2024;  PLEASANT, TEXAS, AS FOLLOWS:  approved and adopted.  for complying with terms and conditions of this policy.  laptop computers, and other internet-capable devices.  TEXAS, ON THIS 15TH DAY OF OCTOBER 2024.  APPROVED:  TRACY CRAIG, MAYOR  ATTEST:  CANDIAS WEBSTER, CITY SECRETARY    MP  City of MOUNT PLEASANT  Prohibited Technology Policy Acknowledgement  In compliance with SB 1893 prohibiting the use of certain social media applications covered under Chapter 620 oft the' Texas Local Government Code, Iunderstand thatIam prohibited from using or installing (downloading) any covered applications on any City owned or leased devises I may use or access during my employment or association with the City. This includes cell phones, tablets, desktop and laptop computers, and other Ialsou understand thatIwill be restricted from accessing any "app stores" oru unauthorized software repositories using the City's internet for the purposes of installing them on my personal devices or accessing them on my personal devices while working on City premises where I may be connected to the City's internet, unless given permission from my department director or City Manager for a specific work-related purpose. If given authorization to use a covered application, I understand that revealing my location, or approximate location, through GPS, Bluetooth, or other methods is prohibited. Ihave read the City's Prohibited Technology Policy and understand my responsibility to comply with the restrictions imposed to provide protection against the ongoing and emerging technological threats to our government's sensitive information and critical infrastructure. Should I have any questions regarding this policy or any of the prohibitions, I will address them to my supervisor, department director, Human Iunderstand the City will verify compliance with this policy through various methods, including but not limited to, IT/security system reports and feedback tol leadership. And, ifIam found to have violated this policy, Imayl be subject to disciplinaryaction, including  internet-capable devices.  Resources, or the IT Department.  termination ofe employment. ACKNOWLEDGED:  DATE:  Signature  Printed Name  Department    City Policies & Administrative Directives  Policy Number  Pagel Number 1of4  Origination Date: Revision Date:  Subject  MP  City of  Date:  Prohibited Technology Policy  City Manager Signature  MOUNT PLEASANT  1.0 INTRODUCTION 1.1 PURPOSE  On June 14, 2023, the Legislature of the State of Texas enacted SB 1893 prohibiting the use ofTikTokand certain social media applications covered under Chapter 620on devices owned or leased by governmental entities and requiring the removal of covered In addition to TikTok, the City of Mt. Pleasant may add other software and hardware products with security concerns to this policy and will be required to remove prohibited technologies which are on the Texas Department of Information Resources (DIR)  applications from those devices.  prohibited technology list.  1.2 DEFINITIONS  Throughout this policy, "Prohibited Technologies" shall refer to TikTok and any additional covered application, hardware or software products added to this policy.  Acovered application is:  The social media service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited. As social media application or service specified by proclamation of the governor  under Government Code Section 620.005.  1.3  SCOPE  This policy applies to all City of Mt. Pleasant full- and part-time employees, temporary and seasonal employees, elected officials, contractors, paid or unpaid interns, and other users of the City's networks. All City employees are responsible for complying with terms  and conditions of this policy. 2.0 POLICY  Except where approved exceptions apply, the use or installation (download) of covered applications is prohibited on all City-owned or -leased devices, including cell phones, tablets, desktop and laptop computers, and otherinteret-capable devices.    City Policies & Administrative Directives  Policy Number  Page Number 2 of4  Origination Date: Revision Date:  V  Subject  City of  Date:  Prohibited Technology Policy City Manager Signature  MOUNT PLEASANT  3.0 PROCEDURES  3.1 City-Owned or Leased Devices  The City ofMt. Pleasant will identify, track, and manage all City-owned or -leased devices including mobile phones, tablets, laptops, desktop computers, or any other internet-  capable devices to:  a. Prohibit the installation of a covered application. b. Prohibit the use of a covered application.  C. Remove a covered application from a City-owned or -leased device that was on the d. Remove an application from a City-owned or -leased device if the Governor issues The City will manage all City-owned or leased mobile devices by implementing the a. Restrict access to "app stores" or unauthorized software repositories to prevent the b. Maintain the ability to remotely wipe non-compliant or compromised mobile C. Maintain the ability to remotely uninstall unauthorized software from mobile  device prior to the passage of S.B. 1893 (88th Leg, R.S.). a] proclamation identifying it as a covered application.  security measures listed below:  installation ofunauthorized applications.  devices. devices. 3.2  On-Going and Emerging Technology Threats  To provide protection against ongoing and emerging technological threats to the government's sensitive information and critical infrastructure, Department of Public Safety (DPS) and DIR will regularly monitor and evaluate additional social media DIR will annually submit to the Governor a list of social media applications and services identified as posing a risk to Texas. The Governor may proclaim items on this list as If the Governor identifies an item on the DIR-posted list described by this section, then The City may also prohibit social media applications or services in addition to those  applications or services that pose a risk to this state. covered applications that are subject to this policy. the City will remove and prohibit the covered application.  specified by proclamation of the Governor.    City Policies & Administrative Directives  Policy Number  Page Number 3of4  Origination Date: Revision Date:  Subject  MP  City of  Date:  Prohibited Technology Policy City Manager Signature  MOUNT PLEASANT  3-3 Personally Owned Device Policy or accessing the City's network/nternet. 3.4 Covered Application Exceptions  Employees, elected officials, contractors, paid or unpaid interns, and other users will be prohibited from the use orinstallation (download) ofcovered applications by way ofusing  The City may permit exceptions authorizing the installation and use of a covered application on City-owned or -leased devices consistent with the authority provided by Government Code Chapter 620. Government Code Section 620.004 only allows the City to install and use a covered application on an applicable device to the extent necessary  for:  (1) Providing law enforcement; or  (2)Developing ori implementing information security measures.  If the City authorizes an exception allowing for the installation and use of a covered application, the City must use: measures to mitigate the risks posed toi the state during the Use of covered applications will only be used for work related needs during work Covered applications will not be used to post any videos, images, or other information obtained during, or because of, one's employment and/or position During use of covered applications, revealing one's location, or approximate location, through GPS, Bluetooth, or other methods is prohibited. The City must document whichever measures it took to mitigate the risks posed to the Ifa covered application is installed on a device, that device will not be used to access any government site which requires password-based authentication to gain  application's use including:  time.  with the City.  state during the use oft the covered application.  access in order to conduct City business.  4.0 POLICYCOMPLIANCE  All City employees, elected officials, and contractors shall sign a document annually confirming their understanding of the agency's covered applications and prohibited The City will verify compliance with this policy through various methods, including but  technology policies.  not limited to, IT/security system reports and feedback to leadership.    City Policies & Administrative Directives  Policy Number  Page Number 4 of 4  Origination Date: Revision Date:  Subject  MP  City of  Date:  Prohibited Technology Policy  City Manager Signature  MOUNT PLEASANT  An employee found to have violated this policy may be subject to disciplinary action,  including termination of employment. 5.0 POLICY REVIEW  This policy will be reviewed annually and updated as necessary to reflect changes in state law, additions to applications identified under Government Code Section 620.006, updates to the prohibited technology list posted to DIR's website, or to suit the needs of  the City of Mt. Pleasant. REFERENCES/CITATIONS  Senate Bill 1893 GRC@dr.texas.gov    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024  Staff Contact: Lynn Barrett, Director of Development Services  MP  City of  Department: Planning  MOUNT PLEASANT Subject:  Consider a request from Scott Hart on behalf of Christus Health for approval of a preliminary plat for Anderson Town Crossing Addition, Phase One, Lot 1, a 12.875-acre tract of land located north of Tankersley Road, east of County Road 2010 and west of U.S. Hwy 271. PP-2024-05  Item Summary:  Preliminary Plat for Christus Health  Financial Impact: N/A  Recommendations: Staff recommends approval.  Attachments: Preliminary plat    CITY OF MOUNT PLEASANT CITY COUNCIL MEMORANDUM PLANNING AND DEVELOPMENT DEPARTMENT  TO: CC: FROM: DATE: SUBJECT:  Mayor and Council  Greg Nyhoff, Interim City Manager  Candias Webster, Assistant City Manager/City Secretary Lynn Barrett, Director of Development Services  November 5, 2024 (Christus)  PP-2024-05: Anderson Towne Crossing Addition, Phase One, Lot 1  This case is one of three for this meeting concerning development oft the emergency hospital/clinic project at Anderson Town Crossing, an application by Scott Hart on behalf of Christus Health for the approval of a preliminary plat for the Anderson Towne Crossing Addition, Phase One, Lot 1. The subject property is a1 12.875-acre tract of land situated in the Anderson Town Crossing Addition, fLot One, Anderson Towne Crossing Addition, Phase One, situated north of Tankersley Road, east of County Road 1020 and west of The developers/owners have also applied for PD Site Plan approval (SP-2024-09) and Final Plat approval (FP-2024-05) following the preliminary plat consideration at both P &Z and City Council meetings. Staff and the Development Review Committee have reviewed the project's submittals and revisions and have given approval of the civil construction plans upon which all three applications are based. Because of the short timing window, both plats and site plan were) judged to suitably advance together through the This property is directly to the east of the Anderson Town Center portion, which was given preliminary As a reminder, the purpose of a preliminary plati is to provide sufficient information to evaluate and review the general design of the development regarding adequate facilities for water, sewer, drainage, streets, and other improvements and easements necessary to the site prior to development. The appliçant intends to connect to an existing six (6)-inch water main located along Tankersley Road. An additional connection is planned to the 6" water main along Rotan Road to the north to loop the water system and Provision for sanitary sewer will be made via a pump and haul facilities until city sewer lines are extended to the site. The sewer line project is expected to be complete by first quarter of 2026. A proposed 80- foot-wide major undivided collector street, Anderson Parkway, will be constructed by the ATC developer as part of their project along the hospital's western boundary providing additional ingresslegress to the TXDOT had concerns in its review of the ATC development as well as the final location of the two Christus drives. Approval of all three cases will be conditioned on Christus access approval to come formally. No building permit can be issued without TXDOT access permission. The applicant can proceed with site Staff recommends approval of this preliminary plat as submitted with the following condition:  W. Ferguson Road/US 271.  approval process. plat approval in August.  toa assure adequate water supply.  emergency hospital.  work at their own risk.  1. TXDOT approval of driveway access to the Christus site. Pleasant. Staff does recommend approval of the final plat.  The plat meets the requirements of Section 154 of the Subdivision Regulations of the City of Mount On October 8, 2024, the Planning and Zoning Commission unanimously recommended approval.        AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024  Staff Contact: Department: Planning  MP  Lynn Barrett, Director of Development Services  City of  MOUNT PLEASANT Subject:  Consider a request from Scott Hart on behalf of Christus Health for approval of a PD Site Plan for the Christus Health project in the Anderson Town Crossing Development on Lot 1, Phase 1. SP-2024-09  Item Summary: Site plan for Christus Health Financial Impact: N/A  Recommendations: Staff recommends approval.  Attachments: Site Plan0004    CITY OF MOUNT PLEASANT CITY COUNCIL MEMORANDUM PLANNING AND DEVELOPMENT DEPARTMENT  TO: CC: FROM: DATE: SUBJECT:  Mayor and Council  Greg Nyhoff, Interim City Manager  Candias Webster, Assistant City Manager/City Secretary Lynn Barrett, Director of Development Services  November 5, 2024 Crossing Addition  SP-2024-09: PD Site Plan for Christus Health project at Anderson Town  This case is the second of three for this meeting concerning development of the Christus emergency The entire. Anderson Town Addition received a mixed use Planned Development designation PD-2zoning in 2023 with specific requirements for development standards, areas of development, allowed land uses, architectural, lighting, parking, signage, landscaping and streets. It was amended in March of 2024 after Christus Health had asked for inclusion as a use-by-right for their outpatient hospital and clinic. AF Preliminary Plat for the first developer portion of the ATC development including multi-family and retail was approved in August of this year, with Christus Health's submittal for their property closely following. The site is located on a 12.875-acre property designated as Lot 1, Phase 1 of Anderson Town Crossing Addition, to the east of the Anderson Parkway collector that separates the ATC MF portion and the As the submittal for the preliminary plat and civil construction plans and the site plan came in together, This has enabled a comprenensive review of all oft the elements required for that site plan to be checked TXDOT had concerns in its review of the ATC development as well as the final location of the two Christus drives. Approval of all three cases will be conditioned on Christus access approval to come formally. No building permit can be issued without TXDOT access permission. The applicant can proceed with site  hospital/clinic development project at Anderson Town Crossing,  hospital project.  staff has reviewed the entire site including even building plan submittals concurrently. against the 58-page Council approved PD-2 development regulations document.  work at their own risk.  Staff recommends approval of this site plan as submitted with the following condition:  1. TXDOT approval of driveway access to the Christus site.  TXDOT is still reviewing the driveway access along the access road, but any requirements will not change the site of the project itself, and approval by TXDOT is required prior to permitting and final plat  recordation.  Staff recommends approval oft the Christus site plan and elevations.  On October 8, 2024, the Planning and Zoning Commission unanimously recommended approval.    -  Thhhil eBE  ADERSONT PARENN        0  -    NVId3IS V#n103IIHONV SSISLXI INVSV3Id INNON I OVOHA3TSH3MNVI SIONVAS B3HJOW. ALINISL SNISISHO    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024  Contact: Staff Department: Planning  MP  Lynn Barrett, Director of Development Services  City of  MOUNT PLEASANT Subject:  Consider a request from Scott Hart on behalf of Christus Health for approval of a final plat for Anderson Town Crossing Addition, Phase One, Lot 1, a 12.875-acre tract of land located north of Tankersley Road, east of County Road 2010 and west of U.S. Hwy 271. FP-2024-05  Item Summary: Final plat for Christus Health Financial Impact: N/A  Recommendationls!: Staff Recommends approval.  Attachments: Final Plat0003    CITY OF MOUNT PLEASANT CITY COUNCIL MEMORANDUM PLANNING AND DEVELOPMENT DEPARTMENT  TO: CC: FROM: DATE: SUBJECT:  Mayor and Council  Greg Nyhoff, Interim City Manager  Candias Webster, Assistant City Manager/City Secretary Lynn Barrett, Director of Development Services  November 5, 2024 (Christus)  FP-2024-05: Anderson Towne Crossing Addition, Phase One, Lot1  This case is the third of three for this meeting concerning development of the emergency hospital/clinic project at Anderson Town Crossing, an application by Scott Hart on behalf of Christus Health for the approval of a final plat for the Anderson Towne Crossing Addition, Phase One, Lot 1. The subject property is a 12.875-acre tract of land situated in the Anderson Town Crossing Addition, Lot One, Phase One, situated north of Tankersley Road, east of County Road 1020 and west of W. Ferguson Road/US The developers/owners have also applied for Preliminary Plat and PD Site Plan approval and will have received consent prior to the final plat consideration at both P &Z and City Council meetings. Staff and the Development Review Committee have reviewed the project's submittals and revisions and have given official concurrence with the civil construction plans, upon which all three applications are based. Because of the short timing window to begin construction, the plats and site plan can advance This property is directly to the east of the Anderson Town Center portion, which was given preliminary plat approval in August, and which is expected to advance in similar fashion with site plan and final plat at the November meetings. After their interesti inj joining that development, the hospital requested that the hospital use be added to the original list of Planned Development zoning approved uses, and Planning TXDOT had conçerns in its review oft the ATC development as well as the final location of the two Christus drives. Approval of all three cases will be conditioned on Christus access approval to come formally. No building permit can be issued without TXDOT access permission. The applicant can proceed with site Staff recommends approval of this final plat as submitted with similar conditions previously mentioned for  271.  together through the approval process.  and Zoning recommended, and City Council took action, to do sO earlier this year.  work at their own risk.  the preliminary plat and site plan:  1. TXDOT approval of driveway access to the Christus site.  The plat meets the requirements of Section 154 of the Subdivision Regulations of the City of Mount On October 8, 2024, the Planning and Zoning Commission unanimously recommended approval.  Pleasant.        AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024  Staff Contact: Department: Planning  MP  Lynn Barrett, Director of Development Services  City of  MOUNT PLEASANT Subject:  Staff presentation and council discussion on whether to proceed with proposed city ordinance authorizing the issuance of licenses to private individuals authorizing the construction of boat houses, docks, piers,  and certain other improvements on Lake Tankersley.  Item Summary:  Discussion for ordinance on Lake Tankersley's takeline  Financial Impact: N/A at this time Recommendationls!: N/A at this time. Attachments: Tankersley    CITY OF MOUNT PLEASANT CITY COUNCIL MEMORANDUM PLANNING AND DEVELOPMENT DEPARTMENT  TO: CC: FROM: DATE: SUBJECT:  Mayor and Council  Greg Nyhoff, Interim City Manager Lynn Barrett, Director of Development  Candias Webster, Assistant City Manager/City Secretary  November 5, 2024  Staff presentation and Council discussion on whether to proceed with proposed city ordinance authorizing the issuance of licenses to private individuals authorizing the construction of boat houses, docks, piers and  certain other improvements on Lake Tankersley  Lake Tankersley, a Mount Pleasant city owned reservoir lake, is poised for development along its shoreline from Carolina' Way, a new subdivision on the northern shore. There is renewed interest among real estate professionals to market properties bordering the lake on the north and west sides as prime boating recreational opportunities to potential homeowners. Existing homeowners have also expressed Because of this, city staff have rough proposed changes which would regulate the area bordering the property boundaries of adjacent landowners with Lake Tankersley and that would outline a potential license process to provide a process for certain recreation amenities including walkways, boathouses, The ordinance would set up a lease process with five-year terms with payments annually that would be required for future improvements and requiring existing structures be maintained in good repair. Site and plan review, permitting and inspection of new structures would be overseen and approved by the city's Attachments show proposed plans and examples. The licenses and permit fees will fund the city's staff  interest in city lease and regulatory processes.  piers/docks or decks, boat slips, walkways and seawalls at property owner request.  Development staff.  oversight of the lake properties to maintain compliance and orderly development. 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(Tex Gov't Discussion of possible settlement of claims against KSA Engineers, Inc. concerning two raw water transfer pumps and motors used at the Bob Sandlin Water Treatment Plant (Consultation with  recess into executive session (closed meeting) to discuss the following:  $551.071 and Real Estate $551.072)  Code 551.074 and 551.071) Discussion of possible Council Appointees  Attorney551.071)    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024 Staff Contact: Lea Ream, City Attorney Department: Administration  MP  City of  MOUNT PLEASANT Subject:  Consider and possible action on settlement of claims against KSA Engineers, Inc. concerning two raw water transfer pumps and motors  used at the Bob Sandlin Water Treatment Plant.  Financial Impact: N/A  Recommendationls): Approval of settlement with KSA.  Attachments: (Signed by KSA)  DOCS1-#302570-v2-Settlement and Release - KSA - Mt Pleasant - KSA rev 10.25.2024    SETTLEMENT AGREEMENT AND RELEASE  THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement") is made ("KSA"), and the City of Mount Pleasant, Texas ("City"). All parties are collectively referred to  effective as of as the "Parties."  2024, by and between KSA Engineers, Inc.  FOR AND IN CONSIDERATION of the mutual covenants set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties acknowledge and agree as follows:  REASONS FOR AGREEMENT  A. WHEREAS, certain disputes, claims, and alleged causes of action have existed by and between KSA and City, which disputes, claims, and alleged causes of action relate to design and construction services rendered by KSA during the years 2006 through 2010 for the Bob Sandlin Water Treatment Plant(the "Plant"), and including specification by KSA of two pumps used at the Plant which transfer water from the raw water reservoir to the treatment facilities which are alleged to be inadequate and may need replacement (collectively, the "Matter"); B. WHEREAS, the Parties now want to resolve and settle all claims among them arising from or related to the Matter, as well as any claims, including claims known or unknown,  asserted or unasserted related to the Matter;  AGREEMENT  THEREFORE, in consideration of the mutual promises in this Agreement, the Parties 1. Consideration. Upon receipt of this fully executed Agreement, and at no cost to the City,  agree as follows:  KSA shall commence and thereafter will:  a. Supply two (2) new Raw Water Vertical Turbine Pumps and two (2) new VHS  motors as follows (collectively the "RWTPS"):  2 Zoeller 16GE6V-Istage Vertical Turbine Pumps with Cast Iron Bowls, Bronze Impeller, Factory Standard Epoxy Coated 12" Steel Column Pipe, 1-1/2" 416 Stainless Steel Lift Shaft, Fabricated Steel 12" Discharge Head, Bleed Off Packed Stuffing Box, 316 SST Clip on Basket Strainer ii. 40hp 3ph 1200 rpm 480 volt VHS motors with WP1 enclosure, 1.15 service factor, AEGIS ground ring, insulated bearings, 115 volt space heaters, bearing rtd's, winding thermostats, Robert Shaw vibration  switches and premium efficiency.  b. Diligently perform (or cause the performance of) the removal and replacement of existing raw water transfer pumps at the Plant with the RWTPs, including all  1    associated, implied, necessary and incidental work; including but not limited to: their shipping, wiring, tie-ins, mounting, inspection, startup, testing, training, and Complete the Work in a good and workmanlike manner, within six (6) months from the execution of this Agreement, at a time which is reasonably agreeable to City to avoid disruption in the water production at the Plant; and, d. Warrant, for a period of (12) twelve months from the date of the RWTPS' successful startup or initial use, the electrical workmanship provided by KSA affiliate BLOC Design Build, Inc. as part of the Work, and take reasonable commercial efforts to transfer to City the benefit of the 12-month manufacturer  commissioning (the "Work"); and,  warranty covering the RWTP pumps and motors.  2. Release of All Claims.  a.  Upon completion of the Work and in Consideration of KSA's performance of the  Work, City, on behalf of itself and its representatives and citizens, and their respective successors and assigns ("Releasing Parties"), for good and valuable consideration, does hereby release, acquit and forever discharge KSA, its affiliates, and each of their respective current and past employees, representatives, agents, owners, shareholders, directors, and each of their successors, and assigns (all cumulatively referred to as the "Released Parties") from and against any and all disputes, claims, demands, causes of action, debts, liens, liabilities, obligations, judgments, or suits in equity of whatsoever nature, common-law, constitutional, statutory or otherwise, known or unknown, now existing or that might arise hereafter relating to the Matter, for or because of any matter or thing done, omitted, or suffered to be done by Released Parties on or account of or by reason of any event, transaction, or matter that has occurred prior to the effective date of this Agreement relating to the Matter, and the matters that were set forth or that could have been set forth in any litigation, including any and all claims or allegations for damages, including, but not limited to, damages for out of pocket expenses in the past and future, property damages, punitive damages, attorney fees, court costs and any and all other damages as may or might be recoverable under any and all laws applicable to the Matter or that were, or  could have been, asserted in litigation related to the Matter.  b.  Notwithstanding the foregoing, it is expressly understood by the Parties that  nothing in this Agreement shall operate as a release of any obligation owed by one Party to the other arising from or under this Agreement (including the express warranty set forth in section 1(d) above) or any instrument executed in according with the provisions of this Agreement, or any other obligations performed or to be performed by either Party for any work or contract performed by KSA other than those related to the Matter. The Parties expressly acknowledge and agree that the Parties have had and continue to have an ongoing work relationship in which KSA performs engineering and construction services for the City. The City does not release  KSA from any other claims than those related to the Matter.  3.  Indemnification. [Omitted.]  2    4.  Representations and Warranties.  a. Each Party expressly represents and warrants to the other Party that it has completely read this Agreement prior to executing it, has had an opportunity to review it with counsel of its choosing, and understands its terms, contents, conditions, and effects, and has  entered into this Agreement knowingly and voluntarily.  b. City expressly represents and warrants to Released Parties that City has not assigned, pledged or otherwise sold or transferred, either by written instrument or otherwise, any right, title, interest or claim they have or may have in connection with or arising out of any claim  described herein. C.  City expressly represents and warrants to Released Parties that City, its  representatives, and the undersigned have read this Agreement completely and thoroughly understand that this Agreement conclusively settles any and all claims that the Releasing Parties have or may have against Released Parties for or because of any matter or thing done, omitted or suffered to be done by any KSA and/or Released Parties on or account of or by reason of any event, transaction or matter that has occurred prior to the effective date of this Agreement  relating to the Matter.  d. City further represents and warrants that City has freely and voluntarily entered into this settlement, in the exercise of its own free act, deed and will, and free of any duress or coercion; that, except as specifically contained herein, no representations, promises or statements have been made by any agent, attorney or other representative of KSA or Released Parties that have influenced City in making and executing this Agreement; that City realizes that this Agreement is final and conclusive and that it is the desire of the City that it be final and conclusive; and that is the clear intent of the City that the payment and acceptance of the consideration described in Section 1.0 is for the sole and exclusive purpose of settling a claim, buying peace and avoiding further and substantial expense, including the expense ofl litigation. warranties and acknowledgments made by City in this Agreement, and the release of KSA and  e. f.  KSA and Released Parties are entitled to and can rely on the representations,  Released Parties made in this Agreement.  City, by and through its undersigned representative, has the full power, legal  capacity, and authority to execute and deliver this Agreement. This Agreement constitutes legal, valid, and binding obligations of City, enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other similar laws affecting creditors' rights generally, general equitable principles and the discretion of courts in granting equitable remedies. All requisite action has been taken by City authorizing and approving the execution of and entry into this Agreement and the performance by City of its duties and obligations hereunder, and ofa all other acts necessary or appropriate for the consummation of the Agreement. No Reliance on Oral Representations. The Parties hereby confirm, represent, and warrant that no oral promises or inducements have been made or given other than such promises and inducements as are set forth in this Agreement and the documents to be executed in connection  5.  3    herewith, and that in executing same, they are not relying upon any agreements, representations, 6. Merger. This Agreement (including any document executed in connection herewith) contains the entire agreement of the Parties with respect to the subject matter thereof, and the Agreement supersedes all prior negotiations, agreements and understandings with respect thereto. The Agreement may only be amended by a written document duly executed by all 7. Severability. If any portion of this Agreement is void or deemed unenforceable for any reason, the unenforceable portion shall be deemed severed from the remaining portions of this 8. Governing Law. This Agreement shall be interpreted under the laws of the State of  orc commitment of any kind not expressly stated herein or therein.  Parties.  Agreement, which shall otherwise remain in full force.  Texas. 9.  Counterparts. This Agreement may be executed in multiple, original counterparts, each of which taken together shall be treated as a single document. This Agreement may be executed and counterparts may be exchanged via facsimile or email via scanned attachment. 10. Counsel. City is hereby advised that City may and should obtain legal advice from competent counsel with regard to the negotiation and execution of this Agreement. City acknowledges that Boon Calk Echols Coleman & Goolsby, PLLC represents only KSA with respect to this Agreement. KSA acknowledges that Davidson Troilo Ream & Garza, P.D.  represents only the City with respect to this Agreement.  4    IN WITNESS WHEREOF, the undersigned, through their duly authorized representatives, and intending to be legally bound by this Agreement, have executed this  Agreement as of  2024.  KSA Engineers, Inc. By:  MKRc Name: MITCMELL 4.FPATA Title: Aaparkeo  STATE OF TEXAS COUNTY OF GREGG  S $ $  BEFORE ME, the undersigned notary public in and for said county and state personally appeared MITCHELLEO2INEE PRESIDENT of KSA Engineers, Inc., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing Settlement Agreement and Release, and acknowledged to me that such person has the authority to execute same on behalf of said company; that such person has read and understood same; and that such person has executed the same for the purposes and consideration therein expressed on behalf of  said company. OCIOBER  GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 28 day of  2024.  Masflles Bloes NOTARYPUBLIC, STATEOF1 TEXAS My Commission Expires: 5122/2025  5    City of Mount Pleasant, Texas  By: Name: Title:  STATE OF TEXAS COUNTY OF personally appeared  9 $ $  BEFORE ME, the undersigned notary public in and for said county and state  as  of The City of Mount Pleasant,  Texas, known to me to be the person whose name is subscribed to the foregoing Settlement Agreement and Release, and acknowledged to me that such person has the authority to execute same on behalfo ofs said City; that such person has read and understood same; and that such person has executed the same for the purposes and consideration therein expressed on behalf of said  City.  GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the  day of  2024.  NOTARY PUBLIC, STATE OF TEXAS My Commission Expires:  6    AGENDA ITEM REPORT Meeting: City Council - Nov 05 2024 Staff Contact: Greg Department: Administration  Manager  MP  Nyhoff, City  City of  MOUNT PLEASANT Subject:  Consider and possible action accepting terms of agreement with G&M LLC relating to City's lease at 418 North Madison, Mount Pleasant, Texas.  Item Summary:  In September of 2022 the City of Mount Pleasant entered into a 5- year lease agreement for a building located at 418 N. Madison. The intent was to house staff that were in marginal office spaces. After evaluating our current financial situation and staffing levels we're recommending the lease be terminated. The monthly rental fee is $3,000, with just under 3 years remaining on the lease. The lease did not have an early termination clause. The cost for the City to continue  the lease through September 2027 is approximately $102,000.  Financial Impact:  The Commercial Lease Termination Agreement stipulates the City will pay monthly rent through January, 2025 plus the equivalent of 12 months' rent which equates to $36,000. By terminating the lease, the City will save approximately $60,000 in future rent payments.  Recommendations:  Staff recommends City Council Approve the Commercial Lease Termination Agreement  Attachments:  DOCS1#349002-21m3s8 Termination Agreement - City of MP (418 N Madison)    COMMERCIAL LEASE TERMINATION AGREEMENT  This Commercial Lease Termination Agreement (the "Agreement') dated as of October 29, 2024, and effective as ofthe Effective Date (defined below), is entered into by and between G &M4.16, LLC ("Landlord") and the City of Mount Pleasant, Texas ("Tenant", and together with Landlord, the "Parties"). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to  them in the Lease.  WHEREAS, Tenant entered into a certain Commercial Lease Agreement with Landlord dated September 6, 2022 (the "Lease"), for a five year term, concluding on September 14, 2027 ("Initial Term"), for a building located at 418 North Madison, Mount Pleasant, Texas 75455, as more particularly  described in the Lease; and  WHEREAS, the Lease did not provide for an early termination option, and Tenant approached WHEREAS, subject to the terms below, Landlord has agreed to allow Tenant to terminate the NOW, THEREFORE, in consideration of the foregoing premises and the respective representations, warranties, covenants, and agreements contained herein, the Parties agree as follows: Termination. The Lease will terminate as of January 15, 2025 ("Termination Date") with the same effect as ifthe Termination Date were the stated expiration date ofthe term ofthe Lease. Expressly subject to the performance by Tenant of its obligations hereunder, Landlord hereby fully and unconditionally releases and discharges Tenant from the observance and performance of all terms, covenants and conditions arising under the Lease from and after the Termination Date and Tenant does hereby release and discharge Landlord from the observance and performance ofall terms, covenants and obligations of Landlord under the Lease arising from and after the Termination Date. This Agreement shall fully and finally settle all demands, charges, claims, accounts, or causes of action of any nature, including both known and unknown claims and causes of action that arose out of, or in connection with, the Lease, and it constitutes a mutual release as to the Lease as of the Termination Date.  Landlord about terminating the Lease before the expiration oft the Initial Term.  Lease before the expiration of the Initial Term.  1.  2.  Tenant's Right to Terminate. Tenant hereby represents and warrants to Landlord that Tenant is the sole owner and holder of the leasehold estate of "Tenant" under the Lease, that no other person or party has any interest in, or lien upon, the leasehold estate of"Tenant" under the Lease, that Tenant has the legal power and right to enter into and perform its agreements under this Agreement, and that there are no consents required from any other person or entity in order for Tenant to enter into and perform its  agreements under this Agreement.  3.  Lease and Termination Payments. Tenant will continue to make all monthly payments required under the Lease until the Termination Date: For clarity, this means monthly Lease Payments and utility  LEASE TERMINATION AGREEMENT  PAGE1    payments for each ofl November and December 2024, and January 2025. On or before the Termination Date, but not earlier than January 1, 2025, Tenant shall cause to be paid an additional $36,000.00 to Landlord as a one-time Lease termination fee ("Lease Termination Fee"). The Lease Termination Fee  is calculated as 12 months of the Lease Payments.  4.  Disgorgement and Return of Security Deposit. Within fourteen days of Landlord receiving the Lease Termination Fee, Landlord will return Tenant's $3,000.00 security deposit required under the Lease. If any payment to Landlord under this Agreement, or the validity and effectiveness of this Agreement, is set aside, rescinded, required tol be returned, disgorged, or otherwise adversely affected in any bankruptcy, insolvency, or other proceeding under applicable law, or by any other act or event, then, the release and other agreements and obligations ofLandlord under this Agreement shall similarly be set aside and rescinded and Landlord shall have all ofthe rights and remedies otherwise available to it prior  to the execution of this Agreement. General Provisions.  5.  (a) This Agreement constitutes the entire agreement and supersedes all other prior agreements or understandings, whether written or oral, between the Parties with respect to the (b) This Agreement may be amended or modified only by means of a written instrument (c) This Agreement shall be governed by and interpreted and enforced in accordance with the laws ofthe State ofTexas, without giving effect to any choice of] law or conflict oflaws rules or provisions (whether of the State of Texas or any other jurisdiction) that would cause the (d) This Agreement shall bind and inure to the benefit of, and be enforceable by, the Parties (e) This Agreement may be executed in one or more counterparts, which together shall constitute a single instrument. Signatures of the Parties may be transmitted by facsimile or by email inj portable document format (pdf) and shall be deemed to be the original signatures forall  subject matter hereof.  executed by all oft the Parties.  application of the laws of any jurisdiction other than the State ofTexas.  and their respective successors and assigns.  purposes.  [Signature Page to Follow]  LEASE TERMINATION AGREEMENT  PAGE2    IN WITNESS WHEREOF, this Agreement is hereby executed by the Parties to be effective as  oft the later date upon which both Parties sign the Agreement ("Effective Date").  LANDLORD: G&M4.16,LLC By: Date:  TENANT:  CITYOFI MOUNTI PLEASANT,a Texas municipal  corporation By: Date:  Greg Nyhoff, City Manager  LEASE TERMINATION AGREEMENT  PAGE3