GUNERI 1051 N.4 4th Street, P.O. Box 349 Gunter, TX75058-0349 903-433-5185 Fax: 903-433-8039 AGENDA Gunter City Council Regular Meeting Thursday, February 6, 2025 5:00 p.m. EST.1901 Pursuant to Chapter 551 ofthe" Texas Government Code, notice is hereby given ofal Regular Meeting oft the City Council of the City of Gunter, Texas to bel held on February 6, 2025, at 5:00 p.m., in the Gunter Public Safety Building, located at 105 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 videoconferencing technology. The video and audio feed of the videoconjerencing 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 REGULAR CITY COUNCIL MEETING Mayor will call the meeting to order, establish a quorum ifp present, and declare notice is legally posted pursuant to the Open Meetings Act. During the course of the meeting, members oft the 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.1 INVOCATION. AND PLEDGE OF ALLEGIANCE 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 ofthree 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 members tos respond.] 1. Mayor/Alderman Report: General Notifications, Announcements, Appreciations 2. Planning & Development: Directors Report REGULAR AGENDA 3. Discuss, consider, and act upon a Resolution Ordering and Calling a General Election for May 3, 2025, for the purpose of voting on: Mayor, Alderman Place 2, and Alderman Place 4. 4. Discuss, consider, and act upon Joint Interlocal Agreement for Election Services for the May 3, 2025, election between the City of Gunter, Gunter ISD, and Grayson County Election Administrator and authorize the mayor to execute the same. 5. Discuss, consider, and act upon. Joint Election Agreement between the City of Gunter and the Gunter ISD, and authorize the mayor to execute the same. 6. Discuss, consider, and act upon a Resolution of the City Council of the City of Gunter, Texas approving the Purchase and Sale Agreement by and between Gunter ISD and the 7. Discuss, consider, and act upon a Resolution ofthe City Council of the City of Gunter, Texas approving a funding agreement with the Gunter Economic Development Corporation by which the Corporation will provide funding for the City's purchase of real estate from the Gunter ISD in an amount not to exceed $358,934.00. 8. Discuss, consider, and act upon the awarding oft the Fox Bend Trace storm sewer improvements to Wopac Construction in the amount of $32,095.00. Pace Construction Services in the amount of $98,610.00. City ofGunter forreal property. 9. Discuss, consider, and act upon the awarding of the Woods driveway transition repairs to 10. Discuss, consider, and act upon an ILA (Inter-Local Agreement) with Grayson County to 11.Discuss, consider, and act upon an ILA (Inter-Local Agreement) with Grayson County to rent out pothole patch truck for approximately six (6) hours in the amount of$1,200.00. 12.1 Discuss, consider, and act upon a Resolution authorizing continued participation with the Steering Committee of cities served by Oncor, and authorizing the payment of eleven perform street pothole repairs within the City of Gunter for $1,200.00. cents per capita to the steering committee. 13.I Discussion regarding Creation of the MDD. 14. 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 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. Employee / Department Reviews RECONVENE TOOPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council willi reconvene into Open Session to consider action, ifany, on matters discussed in] Executive Session. 15. Discuss, and take appropriate action on any Executive Session item. ADJOURN I,t the undersigned: authority, dol hereby certify thatt the abovel Notice ofCity Councill Meeting ofthe City ofGunter, Texas is a true and correct copy ofs said Notice and that I posted a true and correct copy of said Notice on the window of City Hall of said Gunter, Texas, aj place convenient to the public, and said Notice was posted on or before February 3, 2025, at 5:00 p.m. and remained sO posted continuously for at least seventy-two hours immedliatelypreceding, the date ofs said meeting. DL Detra Gaines, City Secretary Ifduringt the course oft ther meeting covered by this notice, the City Council should determine that a closed ore executive meeting ors session ofthe City Council ora consultation witht the attorney fort the Citys should be! held ori isr required, thens such closed ore executive meeting or session or consultation" with attorney as authorized by the Texas Open Meetings Act, Texas Government Code: 551.001 et. seq., will bel held byt the City Council att the date, hour andj places given int this notice ast the City Council may conveniently meet ins such closed or executive meeting ors session or consult with the: attorney fort the City concerning any and alls subjects and for any and all purposes permitted by the Act, including, but not limited to, thei following sections andj purposes: Texas Government Code Section: 551.071 Private consultation witht the City's attorney on any iteml listed on thea agenda or authorized by law. 551.072 For the purpose ofd discussing the purchase, exchange, lease orv value ofreal property. 551.073. For thej purpose of considering ai negotiated contract fora aj prospective gift or donation. ore employee ort tol hear complaints or charges againsta aj public officer or employee. 551.076 To consider the deployment, specific occasions fori implementation, ofs security personnel ord devices. 551.084 Fort the purpose ofe excluding witnesses during examination ofa another witness. 551.087. Fort the purposes of considering economic development negotiations. 5185 two working days] prior tot the meeting so that appropriate arrangements can ber made. 551.074 For thej purpose of considering the: appointment, employment, evaluation, reassignment, duties, discipline or dismissal ofa aj public officer Persons with disabilities who plant to: attendt this meeting and who may need assistance should contact Detra Gaines, City Secretary, at (903)4 433- ON EST.1901 CITY COUNCIL MEETING February 6, 2025 6:001 PM GUNERI AGENDA ITEM #1 Mayor /Alderman Report: General Notifications, Announcements, Appreciations AGENDA ITEM SUMMARYIBACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIALI IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments TO EST.1901 CITY COUNCIL: MEETING February 6, 2025 6:001 PM GUNGERI AGENDA ITEM #2 Planning & Development: Directors Report AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Eric Wilhite, Director of Planning & Development SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments 9 EST.1901 CITY COUNCIL MEETING February 6, 2025 6:00F PM GUNERI AGENDA ITEM #3 Discuss, consider, and act upon a Resolution Ordering and Calling a General Election for May 3,2025, for the purpose ofvoting on: Mayor, Alderman Place 2, and Alderman Place 4. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": AMANCIALIMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments Order ofG General Election (Ordeno de Eleccion Genera!) A General Electioni is hereby orderedt tob be! heldo onN May3 3,2 2025, fort thep purpose ofv votingo on: Mayor, Alderman (Pork lap presente sec ordena lac celebracion de una Eleccion Generale el3 der mayo dez 2025 cone elfino de votar para: Ina accordance witha and ordera adopted byt the City Council oft the City of Gunter, saide elections shall beh held atF First Baptist Church ofG Gunter, 990 Gentle Creek Lane, Gunter, Texasi insidet thef foyer past maine entrance! betweent the (De acuerdo conu una orden adoptada pore el Consejo Municipal del la Cuidad de Gunter, dicha eleccion: sel llevarda cabo enF First Baptist Church ofG Gunter, 990 Gentle Creek Lane, Gunter, Texas, dentrod delv vestibulo después dela entradap principale ene elhorarioc de7 7:00a.m. a7 7:00p.m. elsabado 3der mayo de 2025). Early voting by personal appearance will be conducted att thet followingl locations: (Lav votaciôn anticipada enp persona: sel llevardao cabo en! los siguientes lugares): Place: 2, and Alderman Place 4. Alcalde, Concejal Posicion: 2y Concejal Posicion4 4). hours of7:00a a.m. and7 7:00p p.m. ons Saturday, May3 3,2 2025. City Ciudad Bells Denison Pottsboro Sherman Sherman VanA Alstyne Whitesboro Early Voting! hours willb bea asf follows: (Losh horarios del lav votaciôn anticipadas serdn loss siguientes): April 22-A April2 25 22 dec abrild al2 250 dec abril April 28 A April: 29 28y29dec abril May3 3der mayo Applications forb ballot! byr mails shall ber mailed to: (Las solicitudes deb boletas dev votop poro correo deberdne enviarse poro correod a): Early Voting Clerk 115 W. Houston St., Sherman," TX7 75090 FAX: 903-891-4370 EMAIL: ttaonesosnentis Location Ubicacion Bells City Hall, Council chambers Bells City Hall, Camaras del Consejo Grayson County Sub- Courthouse,. JPd courtroom Grayson County Sub-Courthouse, TribundlJP St.J Johnt the Apostle Episcopal Church, main door St. Johnt the Apostle Episcopal Church, Puertal Principal Election Administration (Main Voting Location). Election Administration (Lugar dev votaciôn principal) Texoma Council of Governments, Eisenhower Room Texoma Councilo ofG Governments, Sala Eisenhower Grayson Colleges South Campus, Room TC203 Grayson College South Campus, Sala TC203 Whitesboro Cityk Hall, Council Chambers Whitesboro City Hall, Camaras del Consejo Address Direccion 2035.E Broadway 101 W. Woodard 760.W.FM120 115 W. Houston 1117 Gallagher Dr. 1455 W. Van Alstyne Pkwy 111 W. Main Tuesday-Friday martes-viernes Monday-Tuesday Lunesymartes Saturday Sabado 8:00 a.m. -5:00p p.m. 8:000 a.m. a5:00 p.m. 7:00 a.m. -7:00p.m. 7:000 a.m. a7:00p.m. 7:00 a.m. -7:00 p.m. (Election Day). 7:00a.m. a7 7:00p.m. (Dia de Eleccidn) Application for ballot! byr mail must ber received byr mail nol later than close of business onT Tuesday, April 22,2 2025. (Las solicitudes det boletas dev votop poro correo deben recibirse ar mds tardar ald cierre dell horario laboralo delr martes 220 dec abrild de2 2025). Issued this the_ 6th day ofF February, 2025 (Emitido ested dia_ 6 def febrero de 2025) Karen Souther, Mayor (Karen Souther, Alcaldesa) ATTEST: (ATESTIGUA): Detra Gaines, City Secretary (Detra Gaines, Secretaria del la Ciudad) o EST.1901 CITY COUNCIL MEETING February 6, 2025 6:00 PM GUNERI AGENDA ITEM #4 Discuss, consider, and act upon. Joint Interlocal Agreement for Election Services for the May 3, 2025, election between the City of Gunter, Gunter ISD, and Grayson County Election Administrator and authorize the mayor to execute the same. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL: REVIEW: N/A ATTACHMENTS: See. Attachments City of Gunter and Gunter Independent School District and Grayson County Election Administration CONTRACT FOR ELECTION SERVICES- May 3, 2025 Election BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF GUNTER (the "City") and GUNTER INDEPENDENT SCHOOL DISTRICT (the "School") and the ELECTIONS ADMINISTRATOR OF GRAYSON COUNTY (the "EA"), pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following terms in regard to administration of the City/School Election to be held on May 3, 2025. The City School named above will enter into a Joint Election Agreement under the authority of Section 271of THIS AGREEMENT is entered into in consideration of the mutual covenants and promises PRINCIPAL DUTIES AND SERVICES OF THE EA. The EA shall be responsible for performing the The EA shall arrange for appointment, notification, training and compensation of all presiding judges, the Texas Election Code. hereinafter set out. ITI IS A AGREED AS FOLLOWS: following duties and shall furnish the following services and equipment: clerks, supervisor of Central Count and judge of the Early Voting Ballot Board. 1. 2. 3. 4. The EA shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. Mail ballots will be processed as per applicable election code by a Ballot Board appointed by the EA. Training will be provided for any workers that have no previous elections experience. The training will be held in standard procedures as set forth by the Secretary of State and will include training on the Election Systems and Software (ES&S) voting system Election. judges shall be responsible for returning election supplies to the Grayson County Election Administrator's office located at 115 W. Houston St., Sherman, Texas. Each election judge shall receive $13.00 per hour for services rendered. Each alternate judge shall receive $12.00 and clerks shall receive $11.00 per hour for services rendered. Members of the ballot board shall receive $13.00 per hour for services The EA shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The list of registered voters will be programmed The EA shall prepare and arrange for the distribution of all election equipment and The EA: shall arrange for the use of all early voting and election day polling places. The EA shall supervise and conduct early voting by mail and in person and shall secure Early Voting by personal appearance for the election shall be conducted during the time period and at the locations listed in Exhibit A attached and incorporated by reference into All applications for an Early Voting mail ballot shall be received and processed by the Grayson County Elections Administrator's office located at 115 W. Houston St., Sherman, Texas 75090 or by email at votegrayson@co.grayson.tx.us or by fax to 903- 891-4370. Applications for mail ballots received by the City or School shall immediately and' Votesafe electronic pollbooks. Compensation fori the delivery of supplies will be $25.00. rendered. The EA shall procure, prepare, and distribute all election equipment and supplies. 1. 2. 3. 1. 2. 3. on electronic pollbooks. supplies required to hold an election. The EA shall be appointed as the Early Voting Clerk by the entities. personnel to serve as Early Voting Deputies. this contract. be faxed to the EA for timely processing. The original application shall then be forwarded tot the EA for proper retention. The EA shall be responsible for establishing and operating Central Count to tabulate election results. 1. The EA shall prepare, test and run the County's Tabulation System in accordance with The Public Logic and Accuracy Test of the electronic voting system shall be conducted Election night reports will be available to each entity after tabulation is completed. Early voting results will be released to each entity after 7 pm on Election Day if requested. Provisional ballots will be tabulated after election night in accordance with the law. The EA shall prepare the unofficial canvass report after all results have been counted and will provide a copy of the unofficial canvass to each entity as soon as possible after The EA shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a report to the Secretary of State in a timely manner, unless The EA shall be the custodian of the voted ballots and shall retain all election materials the statutory requirements. 2. 3. 4. 5. 6. by the EA and notice of the date shall be posted in a local newspaper. all returns have been tallied. waived by the Secretary of State. for a period of2 22 months pursuant to applicable election codes. II. PRINCIPAL DUTIES AND SERVICES OF THE CITY AND THE SCHOOL. The City and the A. Prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. They shall arrange for publication of their respective B. Ifr requested, shall provide the EA with an updated map and street index of its jurisdictions in an C. Provide the EA with the ballot layout and Spanish interpretation in an electronic format that can be School shall assume the following responsibilities: notices as required by law. electronic or printed format. transmitted via e-mail. Word format works best for programming purposes. 1. 2. Deliver to the EA as soon as possible, but no later than February 28, 2025, the official ballot wording fori the May 3, 2025 Election. Approve the ballot format prior to the final printing and programming. D. Compensate the EA for any additional verified cost incurred in the process of running this election E. Reimburse Grayson County for the entities' portion of the printing costs and programming of any and all related materials for ballots, early voting, election day voting, election kits, and for the ES&S voting machines. Agree to pay an administrative fee not to exceed ten percent (10%) of City and F. The EA will submit invoices toi the City and School not later than 45 days after the election and the entities will submit payment within 45 days of receipt of the invoice. A cost estimate is set forth in G. In the event of a contested election, agree to provide competent legal counsel and representation for the EA and staff, covering any and all legal fees and costs as a result of this elections process. H. In the event of a recount, agrees to reimburse any expenses incurred by the EA's office not covered by the charges assessed to the person requesting the recount. This would include, but not be limited to the compensation costs of any Grayson County Election personnel required to work beyond regular office hours in order to conduct said recount of this election. The recount shall take place at the EA's office and the EA's office shall assist the Recount Supervisor and/or Recount ori for a manual count of this election, if required. the School's portion of the total cost of the election. Exhibit B attached and incorporated into this contract. Coordinator ini the completion of the recount. Ifr required by law, prepare and submit to the U.S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. (Submission to the Dept. of Justice is not required by law as oft the signing of this contract.) III. GENERAL PROVISIONS. A. The City and School agrees to save and hold harmless the EA from any and all claims arising out of the failure or omission oft the City or School to perform its obligations under this contract. B. The EA agrees to save and hold harmless the City and School from any and all claims arising out of the failure or omission oft the County and the EA to perform their obligations under this contract. C. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the May 3, 2025 Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under D. Upon request, the EA shall provide copies of all invoices, cost reports and other charges incurred in E. The EA shall file copies of this contract with the County Auditor and the County Treasurer of F. Ifeither entity cancels their election pursuant to Section 31.100(d) of the Texas Election Code, that entity shall bear any costs incurred by the EA in conducting the May 3, 2025, election. A fee charged by the Officer of General Supervision of the Election may not exceed 10 percent of Section 31.096 of the Texas Election Code. the process of administering said election for the City and School. Grayson County, Texas. the total amount of the contract, but may not be less than $75.00. EXECUTED THIS DAY OF 2025. City of Gunter Gunter ISD Grayson County Elections Administrator Exhibit "A" EARLY VOTING POLLING PLACE First Baptist Church Grayson County Elections Administration DATE April 22-25 April 28-29 ADDRESS CITY Gunter Sherman 99 Gentle Creek Lane 115 W. Houston St DAY Tuesday-Friday Monday-Tuesday ELECTION DAY TIME 8:00 am-5:00 pm 7:00 am-7:00 pm POLLING PLACE First Baptist Church Grayson County Elections Administration DATE May 3 ADDRESS CITY Gunter Sherman TIME 7:00 am-7:00 pm 99 Gentle Creek Lane 115 W. Houston St DAY Saturday Ballot by mail applications may be submitted by mail to: Grayson County Early Voting Clerk 115W. Houston Sherman, TX 75090 Or by e-mail: votegrayson@co.grayson.x.us (Ifsubmitted by e-mail; original must be received by Or by fax: 903-891-4370 (If submitted by e-mail; original must be received by the office within 4 Last day to apply for Ballot by mail (Received, not Postmarked): Tuesday, April 22, 2025. the office within 4 business days.) business days.) Exhibit "B" Cost Estimate-May 2025 DESCRIPTION AMOUNT *Early Voting Workers (1. Judge; 1Alt. Judge; 1 Clerk) *Election Day) Workers (1 Judge; 1 Alt. Judge; 1 Clerk) *Scanner Rental (1 for early voting &1 for Election Day) *Polling Location Supplies-Early Voting & Election Day *Equipment and Supply Delivery; Site Support Mail Ballots, Ballot Processing and Ballot Board Programming for Electronic Voting Machines (ES&S) 2,700.00 800.00 600.00 700.00 200.00 200.00 300.00 600.00 2,000.00 8,100.00 810.00 *Voting Machine Rental (2 Ballot Marking Devices-same devices used early voting & Election Day) Logic and Accuracy Testing, Electronic Media Rental and Election Results Tabulation SUBTOTAL 10% Administrative Fee *If two entities hold a joint election these fees will be shared. ESTIMATE TOTAL 8,910.00 O EST.1901 CITY COUNCIL MEETING February 6, 2025 6:00PM GUNERI AGENDA ITEM: #5 Discuss, consider, and act upon Joint Election Agreement between the City of Gunter and the Gunter ISD, and authorize the mayor to execute the same. AGENDA ITEM INMARYBACKGROUND PRESENTEDI BY: Karen Souther, Mayor "SUGGESTED MOTION": INANCIALIMPACT N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments JOINT ELECTION AGREEMENT BETWEEN THE GUNTER INDEPENDENT SCHOOL DISTRICT AND THE CITY OF GUNTER This joint election agreement is made on this 23rd day ofJanuary 2025, by and between the GUNTER INDEPENDENT SCHOOL DISTRICT ("Gunter ISD") and the CITY OF GUNTER ("the CITY"). WHEREAS, Gunter ISD plans tol hold al Board ofTrustee Election on May 3, 2025: for the WHEREAS, the City plans to. hold a City Council General Election on May 3, 2025 for the WHEREAS, Texas Education Code Section 11.0581 requires the election of Gunter ISD WHEREAS, Texas Election Code Section 271.002 authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in elections precincts that purpose of electing two (2) Trustees; and purpose of electing Mayor and two (2) Council Members; and trustees on the same date as the election for members oft the Gunter City Council; and can be served by common polling places; and WHEREAS, Gunter ISD and the City will hold elections on the same day; and WHEREAS, the parties to this agreement serve voters within the same boundaries, and it would be to the benefit of the City, Gunter ISD, and the citizens and voters therefore to hold the election jointly; and WHEREAS, both parties acknowledge that conducting elections is a governmental NOW,THEREFORE, ITI IS AGREED that aj joint election willl bel held by Gunter ISD and 1. City and Gunter ISD agree to enter into a contract with Grayson County Election Administration for the May 3, 2025 election, ("County Election Services Agreement"), attached hereto and incorporated by reference as Exhibit" "A". 2. Designate, in each party's respective election order, the First Baptist Church of Gunter, 99 Gentle Creek, Gunter, TX 75058 as a common polling place for early voting and Election Day in accordance with the Texas Election Code. Parties acknowledge that other early voting locations may be designated by Grayson 3. City and Gunter ISD shall share, wherever possible, ballots containing all the offices or propositions stating measures to be voted upon in the joint election. function desire to enter into an election services agreement with Grayson County. the City under the following terms and conditions: County in the County Election Services Agreement. Joint Obligations of City and Gunter ISD: Service. Agreement attached hereto. Separate Obligations of City and Gunter ISD: 4. Gunter ISD and the City agree to share the elections administration costs equally and as set forth in Exhibit B, and among other provisions of the County Elections 5. Gunter ISD and the City agree to separately be responsible for all duties set forth in Section II ofthe County Election Services Agreement attached hereto. The undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions oft the APPROVED, this 23rd day of January, 2025 by the Board of Trustees of the Gunter agreement. Independent School District. Board President Board Secretary APPROVED, this the 6th day of February, 2025 by the City Council of the City of Gunter. Mayor or Designee City Secretary TYON GUNGERI EST.1901 CITY COUNCIL MEETING February 6, 2025 5:001 PM AGENDA ITEM # 6 Discuss, consider, and act upon a resolution of the City Council of the City of Gunter, Texas approving the purchase and sale agreement by and between Gunter Independent School District and the City of Gunter for real property. AGENDA ITEM SUMMARY/BACKGROUND The Gunter Independent School District recently informed the City that in order to meet State requirements that would allow the District to: sell thej property as opposed to going through as sealed bid process, the District must sell to another governmental taxing entity. The City will now purchase the property directly from the District with the EDC providing the funding for the purchase. The City has negotiated a purchase price of $348.480 with the District and has requested anott to exceed amount of $358.934 from EDC. PRESENTED BY: Adam Adams, Director of Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIALI IMPACT: The City has negotiated a purchase price of $348.480 with the District and has requested ai not to exceed amount of $358.934 from EDC. Legal Council has provided all documents. LEGAL: REVIEW: ATTACHMENTS: Purchase and sale agreement between the City and the GISD. CITY OF GUNTER, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OFT THE CITY OF GUNTER, TEXAS APPROVING THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN GUNTER INDEPENDENT SCHOOL DISTRICT AND THE CITY OF GUNTER FOR REAL PROPERTY AND ANY APPROXIMATELY 1.00 ACRE TRACT OUT OF GUNTER OLD TOWN SURVEY, BLOCK 38, LOTS 13, 14, 15, 16, 17, AND 18, CITY OF GUNTER, GRAYSON COUNTY, TEXAS; AUTHORIZING AND EXECUTION OF THE AGREEMENT BY THE MAYOR; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING AN IMPROVEMENTS THEREON DESCRIBED AS AN EFFECTIVE DATE. WHEREAS, the City of Gunter desires to approve a Purchase and Sale Agreement with Gunter Independent School District for the purchase of approximately 1.00 acres of real property and the improvements situated thereon described as Lots 13 through 18 of Block 38 out of the Gunter Old Town Survey, City of Gunter, Grayson County (the "Property"); and WHEREAS, the City Council finds and is of the opinion that acquisition of said Property will serve the interests of City of Gunter by promoting and retaining new and expanded business enterprises within the City of Gunter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE SECTION 1: The Real Estate Purchase and Sale Agreement attached hereto and incorporated herein by this reference as Exhibit "A," for the purchase by the City of Gunter, Texas of approximately 1.00 acres of real property and the improvements situated thereon described as Lots 13 through 18 of Block 38 out of the Gunter Old Town Survey, City of Gunter, Grayson County, Texas (the "Agreement") is hereby approved and the execution of said Agreement in substantially the form of that attached as Exhibit "A" by the Mayor on behalf of the City is hereby authorized and ratified. The Mayor is further authorized to execute any and all necessary and related documents for the purchase of the Property and to disburse funds as required under the Purchase and Sale Agreement and the same is hereby CITY OF GUNTER, TEXASTHAT: ratified. SECTION 2: This Resolution shall become effective immediately upon its passage. SECTION3. All resolutions of the City of Gunter heretofore adopted which are in conflict with the provisions of this resolution be, and the same are hereby repealed, and all resolutions of the City not in conflict with the provisions hereof shall remain in full force and effect. SECTION 4. If any article, paragraph, subdivision, clause or provision of this resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgement or holding shall not affect the validity of this Resolution as a whole or any part or provision thereof, as amended hereby, other than the part SO declared to be invalid or unconstitutional. SECTION 5. This resolution shall take effect immediately from and after its] passage. DULY PASSED by the City Council of the City of Gunter, Texas on the day of 2025. APPROVED: Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary APPROVED ASTOI FORM: Courtney Goodman-Morris, City Attorney 4898-4453-8899,V.1 EXHIBIT A [to be attached] Real Estate Purchase and Sale Agreement between City and GISD PURCHASE. ANDSALEAGRPMENT 1.00 acres , City of Gunter, Grayson County, Texas THISPURCHASE AND SALE AGREEMENT (this "Agreement"): is made and entered into between GUNTER INDEPENDENT SCHOOL DISTRICT (the "Seller") and the CITY OF GUNTER, TEXAS (Purchaser"). Seller and Purchaser may each be referred to herein as a "party" and collectively as the "parties." RECITALS WHEREAS, defined terms arei indicated by initial capital letters. Defined terms shalll have the meaning set forth herein, whether or not such terms are used before or after the definitions are set forth. WHEREAS, Purchaser desires to purchase the Property and Seller desires to sell the NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and agreements set forth herein, as well as the sums to be paid by Purchaser to Seller, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Property, all upon the terms and conditions set forth in this Agreement. Purchaser and Seller agree as: follows: ARTICLE1 BASICINFORMATION Section 1.1 Certain Defined Terms The following defined terms shall have the meanings set forth below: A. Closing. The completion of the transaction described in this Agreement. B. Closing Date. The date that is thirty (30) days after expiration of the Inspection C. Cure Period. The period beginning on the date Seller receives Purchaser's D. Due Diligence Delivery Date. The date that is ten (10) days after the Effective E. Earnest Money. Twenty-Five Thousand and No/100 Dollars ($25,000.00). F. Earnest Money Delivery Date. The date that is three (3) business days after the G. Effective Date. The date on which the following conditions have been satisfied: Period. Objections and ending on the date that is ten (10) days thereafter. Date. Effective Date. Purchase and Sale Agreement Page 1 Authorized representatives of the parties have signed this Agreement; and (ii) afully signed copy ofthis Agreement has been delivered to the Title Company as acknowledged by the Title Company's signed receipt. H. Inspection Period. Thej period beginning on1 the. Effective Date and ending on the date which is thirty (30) days after the Effective Date. I. Purchase Price. Eight and No/100 Dollars ($8.00) per gross square foot of land as determined by the final approved Survey. For purposes of illustration only, based on the Property consisting of 43,560 gross square feet of] land, the Purchase Price would be an amount equal to Three Hundred Forty-Eight Thousand Four Hundred Eighty and No/100 Dollars ($348,480.00). J. Purchaser's Broker. N/A. K. Review Period. The period ending fifteen (15) days after Purchaser's receipt of the last of the () initial Title Commitment, (ii) Title Documents, and (ii) the Survey. L. Seller's Broker. N/A. M. Survey Delivery Date. The date that is ten (10) days after the Effective Date. N. Title Commitment Delivery Date. The date that is thirty (30) days after the 0. Title Company. Fair Texas Title Company, 515N. Travis, Sherman, Texas 75090 P. Title Termination Period. The period beginning on the expiration of the Cure Effective Date. (Mati Rutledge). Period and ending on the date that is five (5) days after the Cure Period. Section 1.2 Closing Costs Closing costs shall be allocated and paid as follows: COST RESPONSIBLE PARTY Seller Seller Purchaser Purchaser Title Commitment Premium for standard form Title Policy Premium for endorsements or additional coverage for the Title Policy New or Updated Survey Purchase and Sale Agreement Page2 Recording Fees Purchaser Evenly split between Purchaser and Seller Purchaser Seller Purchaser Escrow) Fee charged by Title Company Commission to Purchaser's) Broker, ifany Commission to Seller's Broker, ifa any All other Closing costs, expenses, charges and fees customarily paid by purchasers in Grayson County, Texas. Purchaser's All other Closing costs, expenses, charges and fees customarily paid by sellers in Grayson County, Texas. Seller's attorneys' attorneys' fees. Seller fees. Section 1.3 Notice Addresses Seller: Gunter Independent School District Attn: Scott Martindale 213. N. 8th Street Gunter, Texas 75058 Email: marindat@gunterislorg Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Chris Zillmer 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Email: Almercnlsmath-ascon City of Gunter Attn: Karen Souther, Mayor 105N. 4th Street Gunter, Texas 75058 Email: Karen.souther@ci.gunter.tx.us Nichols . Jackson, LLP Attn: Courtney Goodman-Morris 500N. Akard Street, Suite 1800 Dallas, Texas 75201 Email: cmorris@nicholsackson.com with copy to: Purchaser: with copy to: Purchase and Sale Agreement Page3 Title Company: Fair Texas Title Company Attn: Mati Rutledge 515N. Travis Sherman, Texas 75090 Email: ARTICLE2 PROPERTY Section 2.1 Property Description Upon the terms and conditions hereinafter stated, Seller hereby agrees to sell and convey tol Purchaser the following (the Real Property, the Improvements, the Licenses and Permits, and all: rights and interests appurtenant thereto, collectively being referred to as the Property"): A. Land. Good and indefeasible title to approximately 1.00 gross acres ofland, more or less, located at the northwest corner of 6th Street and Little Elm Creek Road, in the City of Gunter, Grayson County, Texas (the "Land"), together with all benefits, privileges, easements, tenements, hereditaments, rights and appurtenances thereon or pertaining to such Land including any right, title, and interest of Seller in and to any (i) strips and gores between said tract and abutting properties, (ii) land lying in or under the bed of adjacent streets, alleys, roads or rights of way, (iii) easements or rights of way appurtenant to or otherwise benefitting said tract, (iv) utility capacities, commitments, reservations and other rights and capacities (including but not limited to storm water detention rights) related to said tract, (v) all development rights relating to said tract, (vi) all rights to credits, refunds and reimbursements associated with said tract, (vii) all water and drainage rights associated with said trat, (viii) all reversionary rights related to said tract, and (ix) all other rights and appurtenances of any kind related to said tract save and except the mineral interests listed below in subsection D, the Land being more specifically described herein on Exhibit "A" and depicted on Exhibit "A-1", attached hereto and incorporated herein by this reference. B. Improvements. All buildings, structures, fixtures, and improvements situated on, in, or under the Land, ifa any Improvements"); all benefits, privileges, tenements, hereditaments, rights and appurtenances thereon or pertaining to the Improvements and all easements owned by Seller, if any, which are used or needed in connection with the operation or development oft the Land (the Land and the Improvements are. herein: referenced as the "Real Property"). C. Licenses and Permits. To the extent assignable by Seller to Purchaser, and to the extent any of the following exist and run with the Real Property, all of Seller's right, title, and interest in and to (i) licenses, permits, certificates ofoccupancy, or similar documents relating to the Real Property; (ii) all permits, approvals, licenses, water and sewer capacity commitments, all engineering and architectural plans; and (iii) all plans, drawings, specifications, surveys, engineering reports, and other technical descriptions oft the Real Property (collectively, Licenses and Permits"). Purchase and Sale. Agreement Page4 D. Minerals Excluded. The Property, however, shall exclude any right, title, or interest of Selleri in and to all oil, gas, and other minerals pertaining tot the Real Property, and Seller will reserve and except from the conveyance of the Property at Closing all oil, gas and other minerals in, on, under and that may be produced by the Real Property; provided, that Seller will provide a surface waiver in the Deed delivered at Closing. Section 2.2 Legal Description The legal description of the Land set forth in the final Survey that has been approved in writing by Purchaser and Seller and certified to the Purchaser and Title Company shall be substituted for Exhibit "A" to the extent there is any change as the description of the Property to be conveyed hereunder and shall become part ofthis Agreement. ARTICLE3 PURCHASE PRICE Purchaser agrees to purchase the Property at the Purchase Price and upon the terms set forth herein. AtClosing, Purchaser shall deliver to Seller thel Purchase Price in cash or other immediate funds. ARTICLE4 EARNEST MONEY On or before the Earnest Money Delivery Date, Purchaser shall deposit the Earnest Money in the form of a check or wire transfer with the Title Company in its capacity as escrow agent, to be held in escrow pursuant to the terms of this Agreement. IfPurchaser fails to timely deposit the Earnest Money, Seller may terminate this Agreement at any time before Purchaser deposits the. Earnest Money with the Title Company, and upon such election, this Agreement shall terminate. Purchaser agrees that One Thousand and No/100 Dollars ($1,000.00) of the Earnest Money is given as consideration for this Agreement (the Independent Consideration"), which Independent Consideration shall be applied to the Purchase Price at Closing, but shall not be returned to Purchaser in the event the Earnest Money is otherwise returned to thel Purchaser pursuant to the terms ofthis Agreement. The Earnest Money shall be credited to the Purchase Price at Closing. ARTICLE5 DUE DILIGENCE AND CONTINGENCIES Section 5.1 Survey and Title Review A. Survey. On or before the Survey Delivery Date, Seller shall deliver to Purchaser Seller's newest existing survey ofthel Property,ifany (the "Survey"). Ifrequested by Purchaser or Purchaser's lender, Purchaser, ati its sole cost, shall obtain ai new Survey or cause the Survey to be updated in conformity with such standards as are required by the Title Company as a condition to the removal of the survey exception from the Title Commitment, and certified to Purchaser, the Title Company and such other parties as Purchaser shall designate. Purchase and Sale Agreement Page5 5 B. Title Commitment. On or before the Title Commitment Delivery Date, Sellershall deliver or cause to be delivered to Purchaser (i) a title commitment (the "Title Commitment") covering the Property binding the Title Company toi issue a Texas Owner Policy ofTitle Insurance (the "Title Policy") on the standard form prescribed by the Texas State Board ofInsurance at the Closing, in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property to be good and indefeasible, subject only to the Permitted Exceptions as defined below, and (ii) the following documents (collectively, the Title Documents"): :(1) true and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Title Commitment, and (2) a current tax certificate. C. Special Assessment Districts. Ifthe Property is situated within a utility district or flood control district subject to the provisions of Section 50.301, Texas Water Code, then Seller shall give to Purchaser as part oft the Title Documents the required written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax rate, the current bonded indebtedness and the authorized indebtedness of the district and must comply with all other applicable requirements oft the Texas Water Code. Ifthe Property is subject tor mandatory membership in a property owner's association, Seller shall notify Purchaser oft the current annual budget of the property owners' association, and the current authorized fees, dues and/or assessments relating to the Property. D. Review and Cure Period. During the Review Period, Purchaser shall have the opportunity to review the Survey, the Title Commitment, and the Title Documents. IfPurchaser has any objections to the Survey, Title Commitment or Title Documents, Purchaser may deliver such objections to Seller in writing within the Review Period (collectively, "Objections"). Purchaser's failure to provide Objections to Seller prior to the expiration of the Review Period shalll be a waiver of Purchaser's right to object, and any item to which Purchaser does not include in its Objections on or before to the expiration of the Review Period shall deemed a "Permitted Exception." Items that the Title Company identifies as to be released at Closing will be deemed Objections by Purchaser and shall not be. Permitted Exceptions. IfPurchaser provides Seller with any Objections, Seller may, buti is not obligated to attempt to satisfy the Objections within the Cure Period. Zoning ordinances and the lien for current taxes are deemed to be Permitted Exceptions. E. Failure or Refusal to Cure. If Seller cannot satisfy or chooses not to satisfy Purchaser's Objections within the Cure Period, then Purchaser may terminate this Agreement by delivering a written notice to Seller within the Title Termination Period. IfPurchaser terminates this Agreement, the Earnest Money shall be immediately returned to Purchaser and thereafter neither party shall have any rights or obligations under this Agreement (except for those which may expressly survive the termination of this Agreement). If Purchaser does not terminate this Agreement, then Purchaser shall be deemed to have waived any uncured Objections, except for those Objections Seller has agreed to cure, and must accept such title as Seller is able to convey as of Closing, subject to the other terms and provisions of this Agreement. Notwithstanding the foregoing, at or prior to Closing, Seller shall discharge or cause to be discharged all: () matters set forth on Schedule C of the Title Commitment; (ii) exceptions to title created after the Effective Date without the written consent of Purchaser; and (ii) judgments, liens and mortgages affecting the Property, and same shall not constitute Permitted Exceptions. Section 5.2 Due. Diligence Purchase and Sale Agreement Page6 On or prior to thel Due Diligence Delivery Date, Seller shall deliver to Purchaser copies ofall engineering investigations, soils reports, feasibility reports, tests, environmental studies, license agreements, lease agreements, management agreements, and other information related to thel Property in Seller's possession. Notwithstanding Seller's delivery oft the above described studies, tests and other due diligence material,ifany, Puréhaserachnowladg:s that any information ofany type which Purchaser has received or may receive from Seller, ori its agents, is furnished to Purchaser as a courtesy only and on the express condition that Purchaser shall make an independent verification of the accuracy of such information, and that all such information is being furnished without any representation or warranty by Seller as to thet truth, accuracy, or completeness ofsuch information; provided, however, that Seller confirms that Seller has no current actual knowledge of any material inaccuracies or errors in any such due diligence materials. Further, as a condition to Seller's delivery ofany due diligence materials to Purchaser, Purchaser expressly acknowledges the foregoing in its acceptance of such due diligence items from Seller and agrees to waive any and all claims against Seller for any cause of action arising from Purchaser's reliance on such Seller Ifthis Agreement fails to close for any reason, Purchaser shall deliver to Seller any and all engineering investigations, soils reports, feasibility reports, tests, environmental studies, and other information and/or reports either (a) provided by Seller to Purchaser or (b) obtained by Purchaser from anyone in conjunction with Purchaser exercising its due diligence furnished due diligence materials. regarding this purchase. Section 5.3 Inspection Period A. Purchaser's Right to Inspect the Property. Prior to the expiration of the Inspection Period, Purchaser shall have the right to inspect the Property and determine ifthe same iss suitable for Purchaser's intended use. IfPurchaser notifies Seller in writing on or before 11:59 p.m. on the last day of the Inspection Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Agreement shall terminate and the Earnest Money heretofore delivered by Purchaser to Title Company shall be returned tol Purchaser; provided, however, the Independent Consideration shall not be returned to Purchaser. If Purchaser fails to SO notify Seller in writing prior to the expiration of the Inspection Period of Purchaser's election to terminate this Agreement, this Agreement shall continue in full force and effect. Seller hereby grants to Purchaser during the Inspection Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary. B. Indemnification for Inspection. Purchaser shall indemnify, defend, and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of the entry upon or testing of the Property and provided further that in the event Purchaser does not return the Property to its condition prior to Purchaser's activities, Purchaser shall be responsible forall damages occasioned to the Property arising out of the entry upon or testing oft the Property, and this indemnity and covenant will survive the Closing or termination oft this Agreement for a period oftwelve (12) months. Notwithstanding the foregoing or anything contained herein to the contrary, Purchaser shall have no obligation to indemnify Seller for any claim, action or cause of action which is caused, in whole or inj part, by Seller's grossly negligent act or omission or to the Purchase and Sale Agreement Page7 extent caused by the willful misconduct of Seller, nor shall Purchaser be required to indemnify Seller with respect to Purchaser's discovery or disturbance of any preexisting matter on or with respect to the Property existing prior to entry on the Property by Purchaser or Purchaser's agents, independent contractors, servants, or employees, including, but not limited to, any hazardous Section 5.4 Permitted Exceptions. The current zoning, any lien for current taxes, any exceptions to title to which no objection has been made by Purchaser and any matter set forth on the Title Commitment or Survey shall be de4emed to be Permitted Exceptions. In no case shall any lien created or assumed by Seller which is noted on Schedule C of the Title Commitment be deemed a Permitted Exception with respect to the Property and, notwithstanding anything stated in this Agreement to the contrary, shall be cured prior to Closing. Notwithstanding anything to the contrary herein, as a condition of Closing, Seller must resolve at Seller's sole cost the items that are listed on Schedule Cofthe Title Commitment which relate to Seller's corporate existence or authority, remove all liquidated liens created or assumed by Seller, remove all exceptions that arise by, through, or under Seller after the Effective Date which are not permitted pursuant to the provisions of this Agreement, and use due diligence to cure the Title Objections that Seller has material or dangerous condition. agreed to cure by written notice by Purchaser. ARTICLE 6 REPRESENTATIONS AND WARRANTIES Section 6.1 Seller's Representation and Warranties Seller represents and warrants to Purchaser as of the Effective Date and as of the Closing as follows: A. Title. Seller has the right to convey and will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, unrecorded easements, security interests and other encumbrances except only to the Permitted Exceptions. B. Licenses. There are no parties in possession of any portion of the Property as licensees, tenants at sufferance or trespassers except for those disclosed, and delivered to Purchaser as part oft the due diligence materials. C. Negative Covenants. Seller shall not further encumber any of the Property or allow an encumbrance upon the title to any of the Property without the written consent of Purchaser. D. Liens and Debts. There are: no: mechanic's liens, Uniform Commercial Code liens, or unrecorded liens against the Property, and Seller shall not allow any such liens to attach to the Property prior to Closing, which will not be satisfied out oft the Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, ifany, including, but not] limited to, taxes, leasing commissions, salaries, and similar agreements, have been paid or will be paid prior to Closing. Except for obligations for which Purchase and Sale Agreement Page 8 provisions are made in this Agreement for prorating at Closing, there will be no obligations of Seller with respect to the Property outstanding as ofClosing. E. Litigation. To Seller's knowledge, there is no pending or threatened litigation, condemnation, or assessment affecting any oft the Property. Seller shall promptly advise Purchaser of any litigation, condemnation or assessment affecting any of Property which is threatened or instituted after the Effective Date. F. Operation of the Property. From the Effective Date through the Closing Date, Seller shall maintain the Property in the same condition and in the same manner as existed on the Effective Date, except for ordinary wear and tear and any casualty loss. G. Patriot Act. To the extent applicable to Seller, Seller has complied in all material respects with the International Money Laundering Abatement and Anti-Terrorist Financing Actof 2001, which comprises Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of2 2001 (the "PatriotAct") and the regulations promulgated thereunder, and thei rules and: regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), to the extent such laws are applicable to Seller. To the best of Seller's knowledge, Seller is not included on the List of Specially Designated Nationals and Blocked Persons maintained by the OFAC, ori is ai resident in, or organized or chartered under the laws of, @)ajurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of the Patriot Act as warranting special measures due to money laundering concerns or (ii) any foreign country that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering, ofwhich the United States is ai member and with which designation the United States representative to the group or organization continues to concur. H. Organization and Authority. Seller is an independent school district validly existing under the laws ofthe State ofTexas. The execution and delivery of this Agreement by those executing this Agreement on Seller's behalfand Seller's performance ofthis Agreement has been duly authorized by Seller, and this Agreement is binding on Seller and enforceable against Seller in accordance with its terms. The execution of this Agreement and the consummation of the transaction contemplated herein will not violate any restriction, court order or agreement to which Seller or the Property is subject. I. No Prohibitions. Seller is not prohibited from () executing or delivering this Agreement; (ir) complying with the terms of this Agreement or (iri) to Seller's knowledge consummating the transactions contemplated by this Agreement by any applicable governmental requirement, agreement, instrument, restriction, or by a judgment, order or decree of any governmental authority having jurisdiction over Seller or the Property. J. defects in the Property. No Material Defects. To the best of Seller's knowledge, there are no material K. Compliance with Laws. To the best of Seller's current actual knowledge, neither thel Property, nor Seller are currently subject to (1)a any existing, pending or threatened investigation or inquiry by any governmental authority or (ii) any remedial obligations, under any applicable Purchase and Sale Agreement Page9 law, statute, ordinance, rule, regulation, order or determination of any governmental authority or any board of fire underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction or zoning ordinance or classification affecting the Property, including, without limitation, all applicable building codes, fire codes, health codes, water codes, flood disaster laws and health and Environmental Laws and regulations (hereinafter sometimes collectively called the "Applicable Laws"). Seller has received no notice from any municipal, state, federal or other governmental authority of any violation of any Applicable Laws issued in respect oft the Property which has not been heretofore corrected, and no such violation exists. L. "AS IS". EXCEPT AS EXPRESSLY PROVIDED HEREIN, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIESOR REPRESENTATIONSASTOMATTERSOFTITLE: (OTHERTHAN SELLER'S WARRANTY OF TITLE SET FORTH IN THE DEED TO BE DELIVERED AT CLOSING), ZONING, TAXCONSEQUENCES, PHYSICAL OR: ENVIRONMENTAL CONDITION, ABSENCE OF LATENT DEFECTS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PURCHASER AGREES THAT WITH RESPECT TO THE PROPERTY, PURCHASER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR NDIRECIL,ANY REPRESENTATION OR WARRANTY OF SELLER ORSELLER'S REPRESENTATIVES. PURCHASER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE ROFEKIK,INCLUDING, BUT NOTLIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS,INCLUDING,BUINOTLIMITEDTO,LATENTDEPECISANDADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASERSINSPECTIONS ANDINVISIIGATIONS: EXCEPT. AS EXPRESSLY PROVIDED HEREIN, PURCHASER AGREES TO TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OFTHE PROPERTY ANDTHE EXISTENCE OR: NONEXISTENCEON,ORCURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS", WITH ALL FAULTS AND THERE ARE NO ORAL OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY. FURTHER, PURCHASER HEREBY ACKNOWLEDGES TO SELLER THAT PURCHASER AND SELLER ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING AND SHALL NOT BE MERGED THEREIN. Purchase and Sale Agreement Page 10 Section 6.2 Purchaser's Representations and Warranties Purchaser represents and warrants to Seller as ofthel Effective Date and as oft the Closing as follows: A. Organization and Authority. Purchâser is a Texas home rule municipality duly created and existing under the laws of the State of Texas. The execution and delivery of this Agreement by those executing this Agreement on Purchaser's behalfand Purchaser'sperfommance of this Agreement has been duly authorized by Purchaser, and this Agreement is binding on Purchaser and enforceable against Purchaser in accordance with its terms. The execution oft this Agreement and the consummation of the transaction contemplated herein will not violate any restriction, court order or agreement to which Purchaser is subject. If Purchaser assigns this Agreement to an allowed third party, such entity shall be duly organized, validly existing and in good standing under the laws of the State of'Texas and have all the requisite power and authority to enter into, deliver and perform this Agreement. B. Litigation. Tol Purchaser's) knowledge, there is no pending or threatened litigation affecting Purchaser that would materially impact the transaction described in this Agreement. Purchaser shall promptly advise Seller of any litigation affecting Purchaser and its ability to consummate the transaction contemplated herein which is threatened or instituted after the Effective Date. C. Patriot Act. To the extent applicable to Purchaser, Purchaser has complied in all material respects with the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001, which comprises Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot Act") and the regulations promulgated thereunder, and the rules and regulations administered by the U.S. Treasury Department's Office of] Foreign Assets Control ("OFAC"), to the extent such laws are applicable tol Purchaser. To thel best ofPurchaser's) knowledge, Purchaser is not included on the List of Specially Designated Nationals and Blocked Persons maintained by the OFAC, orisar resident in, or organized or chartered under the laws of, @)ajurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 oft the Patriot. Act as warranting special measures due to money laundering concerns or (ii) any foreign country that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering, ofwhich the United States is ai member and with which designation the United States representative to the group or organization continues to concur. D. No Prohibitions. Purchaser is not prohibited from @) executing or delivering this Agreement; (ii) complying with the terms of this Agreement or (iii) to Purchaser's knowledge consummating the transactions contemplated by this Agreement by any applicable governmental requirement, agreement, instrument, restriction, or by a judgment, order or decree of any governmental authority havingjurisdiction over Purchaser. Section 6.3 Knowledge A. Seller's Knowledge. For purposes oft this Agreement and any closing document, whenever the phrase to Seller's actual knowledge, , "to Seller's knowledge," "the knowledge of Purchase and Sale Agreement Page 11 Seller," or "to the best of Seller's knowledge" or similar words of similar import are used, they shall be deemed to refer to facts within the actual knowledge of Scott Martindale, at the times indicated only, without independent inquiry or investigation, without any actual or implied duty ofinquiry whatsoever and withouti imputation to suchj person ofthel knowledge ofany other person. The named individuals are acting for and on behalf of Seller and in a capacity as an officer or representative of Seller and isi ini no manner expressly ori impliedly making any representations or warranties in an individual capacity. Purchaser waives any right to sue or seek any personal judgment or claim against such individuals. B. Purchaser's Knowledge. For purposes of this Agreement and any closing document, whenever the phrase "to Purchaser's actual knowledge," ," "to Purchaser's knowledge,' "the knowledge of Purchaser," or "to the best of Purchaser's knowledge" or similar words of similar import are used, they shall be deemed to refer to facts within the actual knowledge of Kristofer Atkinson, at the times indicated only, without independent inquiry or investigation, without any actual or implied duty ofinquiry whatsoever and without imputation to such person of the knowledge of any other person. The named individuals are acting for and on behalf of Purchaser and in a capacity as an officer or representative of Purchaser and is in no manner expressly or impliedly making any representations or warranties in an individual capacity. Seller waives any right to sue or seek any personal judgment or claim against such individuals. Section 6.4 Remedies Ife either party discovers prior to Closing that any of the other party's representations or warranties have been misrepresented or are inaccurate, such discovering party may notify the party with deficient representations and/or warranties in writing, and the deficient party may attempt to correct or remedy the misrepresentation or inaccuracy. If the misrepresentation or inaccuracy is not remedied prior to Closing, upon written notice to the deficient party, the discovering party may: () proceed to Closing without waiving any claim for breach of warranty or misrepresentation; (ii) delay Closing until ten (10) days after the misrepresentation or inaccuracy is remedied; or (ii) exercise any remedies available for default by the deficient party under this Agreement. Section 6.5 Non-Conformance Purchaser has or will independently investigate and verify to Purchaser's satisfaction the extent of any limitations or permitted uses of the Property. Purchaser acknowledges that the current use of the Property or: any improvements located on the. Property (or both) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations, zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land, requirements of the Americans with Disabilities Act, wetlands restrictions and other matters. Purchaser is not relying upon any warranties or representations of Seller concerning thej permitted uses of the Property or with respect to any nonconformance of the Property. ARTICLE7 CLOSING Section 7.1 Closing Date Purchase and Sale Agreement Page 12 The Closing shall occur on, orl before as may be mutually agreed by the parties, the Closing Date. Seller shall deliver possession oft the Property at Closing. Section 7.2 Seller's Closing Documents At the Closing, Seller shall deliver the following tol Purchaser: A. A duly executed Special Warranty Deed (the "Deed"), in the form attached hereto as Exhibit "B", conveying indefeasible fee simple title to the Property to Purchaser, subject only tot the Permitted Exceptions; B. The Title Policy issued by the underwriter for the Title Company pursuant to the Title Commitment, subject only to the Permitted Exceptions, in the full amount of the Purchase Price, dated as ofthe date ofClosing, and with the survey exception deleted except as to "shortages ina area;" C. Al FIRPTA certificate, duly executed and acknowledged by Seller; D. Evidence of Seller's authority and capacity to close this transaction; E. All other documents reasonably required by the Title Company from Seller to close this transaction; and F. Possession of the Property, free of parties in possession. Section 7.3 Purchaser's Closing Documents At the Closing, Purchaser shall deliver the following to Seller: A. The Purchase Price; B. Evidence of Purchaser's authority and capacity to close this transaction; and C. All other documents reasonably required by the Title Company from Purchaser to close this transaction. Section 7.4 Closing Costs Section 1.2 above. Each party shall pay its respective costs associated with the Closing in accordance with Section 7.5 Ad Valorem Taxes Seller does not pay taxes or assessments applicable to the Property. Subsect to the terms of the Temporary License, Purchaser shall be responsible for any ad valorem taxes applicable tot the Property accruing on or after the Closing Date. Seller shall not be responsible for any ad valorem taxes or: assessments applicable to thel Property under any circumstances, except as set forth in the Temporary License. This provision shall survive the Closing. Purchase and Sale Agreement Page 13 Section 7.6 Rollback Taxes Ifa change in use of the Property after Closing or denial of a special use valuation on the Property claimed by Seller with respect to the period prior to Closing results or may result in the assessment after the Closing of additional taxes for periods prior to Closing, the additional taxes plus any penalties and interest shall be paid by Purchaser when due. This obligation shall survive the Closing. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES. If fort the current ad valorem tax year thet taxable value ofthe land that is thes subject ofthis Agreement is determined by a special appraisal method that allows for appraisal oft the land at less than its market value, the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition, the transfer of the land or a subsequent change in the use oft the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change int the use oft thel land. The taxable value oft the land and the applicable method of appraisal is public information and may be obtained: from the tax appraisal district established for the county in which the land is located. ARTICLE8 CASUALTYLOSS: CONDEMNATION. Section 8.1 Casualty Loss All risk of] loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing, any material portion of the Property is damaged or destroyed by fire or other casualty, Seller shall promptly provide written notice thereof to Purchaser, and Purchaser may either terminate this Agreement by delivering a written termination notice to Seller or elect to close. Ifthe transaction is to proceed to Closing, there shall be no reduction in the Purchase Price, but Seller shall assign to Purchaser all of Seller's right and interest in any insurance proceeds plus an amount equal to any insurance deductible. Section 8.2 Condemnation If, prior to the Closing, any portion of the Property is subject to a condemnation or taking or the threat of a condemnation or taking, Seller shall promptly provide written notice thereof to Purchaser, and Purchaser may either terminate this Agreement by delivering a written termination notice to Seller or elect to close. Purchaser shall have the sole right to negotiate with any entity condemning or taking or threatening to condemn or take any portion ofthe) Property, and Seller shall not execute any agreement or deed or take any other action with regard to any such condemnation or taking or threat of condemnation or taking without Purchaser's prior written consent. Ift the transaction is to proceed to Closing, there shalll be no reduction in the Purchase Price, but Seller shall assign to Purchaser all ofSeller's right and interest in any condemnation awards. Purchase and Sale Agreement Page 14 ARTICLE9 DEFAULT Section 9.1 Purchaser's Remedies Ifs Seller fails to perform its obligations under this Agreement for any reason except Purchaser's default, which continues for more than ten (10) days following delivery of written notice of such default from Purchaser to Seller, then Seller shall be in default and Purchaser may elect to () terminate this Agreement and receive the Earnest Money, or (i) pursue the remedy of specific performance, as it sole and exclusive remedies. Section 9.2 Seller's Remedies If Purchaser fails to perform its obligations under this Agreement for any reason except Seller's default, which continues for more than ten (10) days following delivery of written notice of such default from Seller to Purchaser, then Purchaser shall be in default, and Seller may terminate this Agreement and receive the Earnest Money. ARTICLE1 10 REAL ESTATE COMMISSIONS Each party hereto represents to the other that it has not authorized any other broker or finder to act on its behalfin connection with the sale and purchase transaction contemplated hereby and that it has not dealt with any broker or finder purporting to act for any other party. To the extent allowed by applicable law, each party hereto indemnifies and agrees to defend and hold harmless the other party from and against any and all liabilities, costs, damages and expenses of any kind or character arising from any claims for brokerage or finder's fees, commissions or other similar fees in connection with the transactions covered by this Agreement insofar as such claims shall be based upon alleged arrangements or agreements made by such party or on its behalf, which indemnity shall expressly surviveany termination or Closing of this Agreement. The Texas Real Estate License Act requires written notice to Purchaser that Purchaser should have an attorney examine an abstract of title to the Property or else obtain a title insurance policy. Notice to that effect is, therefore, hereby given to Purchaser. The indemnification set forth in this Section survives Closing. ARTICLE1 11 MISCELLANEOUS PROVISIONS Section 11.1 Notices All notices and other communications required or permitted under this Agreement must be in writing and shall be deemed delivered on the earlier of: () actual receipt, if delivered in person or by messenger with evidence of delivery; (ii) the date and time of transmission if delivered by email; or (ii) three (3) business days after deposit in the United States Mail as required below. Notices delivered by mail must be deposited with the U.S. Postal Service and sent by certified mail return receipt requested with postage prepaid, and properly addressed to the intended recipient at the address set forth in Section 1.3 oft this Agreement. Purchase and Sale Agreement Page 15 Any party may change its address for notice purposes by delivering written notice ofits new address to all other parties in the manner set forth above. Section 11.2 Forms and Construction This Agreement is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions hereofshall be construed in accordancewith their usual and customary meanings. Seller and Purchaser hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of the same. Section 11.3 Attorney's Fees Thej prevailing party in any final, non-appealable legal proceeding brought in relation to this Agreement or transaction shall be entitled to recover from the non-prevailing party court costs, reasonable attorneys' fees and all other reasonable litigation expenses. Section 11.4 Assignment Purchaser may not assign this Agreement without the prior written consent of Seller. Notwithstanding the: foregoing, Purchaser may assign its rights under this Agreement to any affiliated entity which directly or indirectly controls, is controlled by or is under common control with Purchaser without the consent of Seller, on the condition that () Purchaser delivers written notice to Seller prior to such assignment, (ii) the assignee expressly assumes all of the obligations of Purchaser hereunder in a written agreement, and (iir) such written agreement is delivered to Seller prior to the Closing Date. This Agreement shall be binding upon and inure to thel benefit of the parties and their respective successors and assigns. Section 11.5 Integration This Agreement contains the complete agreement between the parties with respect to the Property and cannot be varied except by written agreement oft thej parties hereto. Thej parties agree that there are no oral or signed agreements, understandings, representations or warranties made by the parties which are: not expressly set forth herein. Section 11.6 Survival Any warranty, representation, covenant, condition or obligation contained int this Agreement not otherwise consummated at the Closing will survive the Closing of this transaction for a period ofone (1)year. Section 11.7 Binding Effect This Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective heirs, legal representatives, successors and assigns. Purchase and Sale Agreement Page 16 Section 11.8 Time for Performance Time is of the essence under each provision of this Agreement. Ifthe last day of any time period under this Agreement or any date of performance hereunder falls upon a Saturday, Sunday or recognized holiday, such date will be deemed moved forward to the next day which is not a Saturday, Sunday or recognized holiday. Section 11.9 Business Day recognized holidays. Section 11.10 Governing Law The term "business day" shall mean days elapsed exclusive of Saturday, Sunday or This Agreement shall be construed under and governed by the laws of the State of Texas, and unless otherwise provided herein, all obligations of the parties created under this Agreement are to bej performed in the county where the. Property is located. Section 11.11 Severability Ifany provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal or unenforceable provision shall not affect any other provisions, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this Agreement. Section 11.12 Counterparts This Agreement may be executed in a number ofidentical counterparts. Each counterpart is deemed an original and all counterparts shall, collectively, constitute one agreement. Executed documents transmitted by PDF or electronically shall be considered originals. Section 11.13 Gender; Number Unless the context) requires otherwise, all pronouns used ini this Agreement shall be construed to include the other genders, whether used in the masculine, feminine or neuter gender. Words in the singular number shall be construed to include the plural, and words in the plural shall be construed to include the singular. Section 11.14 Further Assurances The parties each agree that at any time, or from time to time, after the execution of this Agreement each party will, upon the request of the other party hereto, execute and deliver such further documents and do such further acts and things as such other party may reasonably request in order to effect fully the purposes of this Agreement. Section 11.15 Immunity Itis expressly understood and agreed that, in the execution oft this Agreement, neither party has waived, nor shall be deemed hereby to have waived, any immunity, governmental, Purchase and Sale Agreement Page 17 sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those: set forth herein. ARTICLE12 ADDTONALTERMS Section 12.1 Gunter Independent School District Board Approval The parties hereto understand and agree that this Agreement is expressly conditioned on the ratification and approval by Seller's Board of Trustees of this Agreement and this transaction. Ifnot provided prior to execution of this Agreement, Seller shall obtain such ratification and approval from its Board of Trustees within thirty (30) days after the Effective Date of this Agreement. Failure of this condition shall terminate this Agreement and this Agreement shall be null and void and shall be of no further force or effect, and all Earnest Money including the Independent Consideration shall be immediately returned to Purchaser. Section 12.2 Gunter City Council Approval Thej parties hereto understand and agree that this Agreement is expressly conditioned on the ratification and approval by the Gunter City Council of (1) this Agreement and (2) a Funding Agreement between the City of Gunter, Texas and the Gunter Economic Development Corporation ("GEDC") whereby by GEDC agrees to provide and City of Gunter agrees to accept funding of the Purchaser's purchase of the Property under this Agreement and (3) all necessary and related transactions. Ifthe approvals required under this section 12.2 are not provided prior to execution of this Agreement, Purchaser shall obtain such ratification and approval from its City Council within thirty (30) days after the Effective Date of this Agreement. Failure of this condition shall terminate this Agreement and this Agreement shall be null and void and shall be ofno further force or effect, and all Earnest Money including the Independent Consideration shall be immediately returned to Purchaser. SIGNATURES APPEAR ONTHE FOLLOWING PAGES] Purchase and Sale. Agreement Page 18 EXECUTED on the dates stated below, but tol be] EFFECTIVE on the] Effective Date defined herein. SELLER: Date: GUNTER INDEPENDENT SCHOOL DISTRICT By: Name: Title: PURCHASER: Date: CITY OF GUNTER, TEXAS By: Karen Souther, Mayor Purchase and Sale. Agreement Page 19 TITLE COMPANY ACCEPTANCE The Title Company acknowledges receipt of the executed Agreement on Company under the foregoing Agreement in accordance with the terms and conditions set 2025, at (a.m./p.m.) and agrees to act as the Title forth in this Agreement. TITLE COMPANY: By: Name: Title: Attn: Phone: Email: Purchase and Sale. Agreement Page 20 EXHIBIT "A" LEGALI DESCRIPTION A certain 1.00 acre parcel ofreal property located in the CityofGunter, Grayson County, Texas. Legal Acreage Owner Name Parcel ID GUNTERISD 151917 Geo ID Legal Description OTP GUNTER, BLOCK3 38, G002 5850090 LOT13THRU: 18, 300X145 1.00 Purchase and Sale Agreement Page 21 EXHIBIT "A-1" DEPICTION OF THELAND 15A Purchase and Sale Agreement Page 22 EXHIBIT "B" SFICALWARRANTYDIED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIONI FROM ANYINSTRUMENTTENTTHATTRANSFERS AN INTERESTI IN REAL PROPERTY BEFOREI IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF GRAYSON $ KNOW ALL: PERSONS BY THESE PRESENTS: THAT, GUNTER INDEPENDENT SCHOOL DISTRICT ("Grantor") for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid by City of Gunter, Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged; has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL: and CONVEY unto Grantee that certain real property located in Grayson County, Texas, and being more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference for all purposes, together with all and singular the improvements, buildings, structures and fixtures located thereon or attached thereto (the Property"). Notwithstanding the foregoing, howèver, Grantor hereby reserves and excepts here from all oil, gas and other minerals in, on, under and that may be produced by the Property; provided, that Grantor hereby expressly releases and waives, on behalf of itself and its successors and assigns (and agrees that all future leases of or conveyances of any part of the oil, gas and other minerals reserved herein by Grantor shall be subject to and burdened by the following waiver of rights and automatically be deemed to include a contractual waiver by the lessee or grantee, as applicable), all rights ofi ingress and egress to enter upon the surface oft the Property for purposes of exploring for, developing, drilling, producing, transporting, mining, treating, storing or any other purposes incident to the development or production ofthe oil, gas and other minerals reserved to Grantor (or owned or held by any other persons) as described hereinabove in, on, and under the Property. The foregoing provision shalll be a covenant running with the Property binding upon any party owing any interest in, or rights to develop, the oil, gas and other minerals herein reserved by Grantor. However, nothing herein contained shall ever be construed to prevent Grantor, its successors and assigns from developing or producing the oil, gas, and other minerals reserved to Grantor as described hereinabove in, on, and under the Property by pooling, by directional drilling under the Property from well sites located on tracts other than the Property, or otherwise sO long as Grantor avoids physically entering upon the surface, injuring the subjacent support, or interfering with Grantee's use of the Property. The provisions hereof shall be binding upon and inure to the benefit of Grantor and Grantee and their respective successors and assigns. This conveyance is made and accepted subject to all those certain easements, covenants, restrictions and other matters more particularly described in Exhibit "B" attached hereto and Purchase and Sale Agreement Page 23 incorporated herein by this reference for all purposes, to the extent that same are valid and subsisting and affect the Property (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular thei title tot the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject only, however, to the Permitted Exceptions. EXCEPT. ASI EXPRESSLY PROVIDED HEREIN OR IN THAT CERTAIN PURCHASE GRANTEE (THE URCHASEAGREEMENDIPAITISUNDERSTOOD AND. AGREEDTHAT GRANTOR IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS ASTO MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH IN THE PURCHASE AGREEMENT OR HEREIN), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, ABSENCE OF LATENT DEFECTS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RBLATINGTO OR AFFECTING THE. PROPERTY. EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT OR HEREIN, GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY, GRANTEE HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF GRANTOR OR GRANTOR'S REPRESENTATIVES. GRANTEE WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON RECEIPT OF THIS DEED, SHALL ASSUME THE RISK THAT. ADVERSE MATTERS, INCLUDING, BUTNOT LIMITED TO, LATENT DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAYNOTHAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS. AND INVESTIGATIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GRANTEE AGREES TO TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES GRANTEE DEEMS NECESSARYTOSATISFY ITSELF ASTOTHE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF, OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. ACKNOWLEDGES AND AGREES THAT UPON RECEIPT OF THIS DEED, GRANTEE SHALL. ACCEPT7 THE. PROPERTY"ASI IS, WHERE IS", WITH ALL FAULTS AND THERE ARE: NO ORAL OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR OR ANY THIRD PARTY. FURTHER, GRANTEE HEREBY ACKNOWLEDGES TO GRANTOR THAT GRANTEE ANDGRANTORARENOTINASENIFICANTLYDISPARATE: BARGAINING AND: SALEAGREEMENT, DATED BY AND BETWEEN GRANTOR AND GRANTEE POSITION. [Signature pagej follows] Purchase and Sale Agreement Page 24 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed to be effective as oft the day of 202 GRANTOR: GUNTER INDEPENDENT SCHOOL DISTRICT By: Name: Title: STATE OF TEXAS COUNTY OF $ S BEFORE ME, the undersigned authority, al Notary Public, on1 this day personally appeared on his/her oath stated that s/he signed this instrument on behalf of Gunter Independent School of Gunter Independent School District, who District and as its act and deed after having been first duly authorized SO to do. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2025. Notary Public: in and for the State ofTexas My Commission Expires: After Recording Return to: Purchase and Sale Agreement Page 25 EXHIBIT A to Special Warranty Deed Legal Description of the Property [To Be Attached] Purchase and Sale Agreement Page 26 EXHIBIT B to Special Warranty Deed The] Permitted Exceptions [To Be Attached] 4899-3407-2584,V.3 Purchase and Sale. Agreement Page 27 0 EST.1901 GUNERI CITY COUNCIL MEETING February 6,2025 5:001 PM AGENDA ITEM # Discuss, consider, and act upon a resolution of the City Council of the City of Gunter, Texas approvingai funding agreement with the Gunter. Economic Development Corporation by which the Corporation will provide funding for the City's purchase of real estate from the Gunter Independent School District in an amount not to exceed $358,934. AGENDA ITEM SUMMARY/BACKGROUND The Gunter Independent School District recently informed the City that in order to meet State requirements that would allow the District to sell the property as opposed to going through a sealed bid process, the District must sell to another governmental taxing entity. The EDC does not meet these requirements and therefore the City will need to authorize the EDC to expend those funds to the City to cover the real estate purchase cost and authorize a funding agreement between the City and the EDC that details the funding arrangement between the entities. PRESENTED BY: Adam Adams, Director of] Parks & Public Services RECOMMENDATION: Staffi recommends approval. FINANCIAL IMPACT: LEGAL REVIEW: ATTACHMENTS: Funding agreement The EDCwill fund the real estate purchase in a not to exceed amount of $358,934 Legal Council has provided all documents. CITY OF GUNTER, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS APPROVING A FUNDING AGREEMENT WITH THE GUNTER ECONOMIC DEVELOPMENT CORPORATION BY WHICH THE CORPORATION WILL PROVIDE FUNDING FOR THE CITY'S PURCHASE OF REAL ESTATE FROM THE GUNTER INDEPENDENT SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED $358,934 AND AUTHORIZING THE MAYOR TO EXECUTE SAID FUNDING AGREEMENT; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE WHEREAS, the Gunter Economic Development Corporation ("GEDC") is authorized by the Development Corporation Act, Chapters 501-505 of the Texas Local. Government Code ("Act"), toj provide funding forj projects which will promote and retain new and expanding business WHEREAS, the City OfGUNTER has requested project funding for the purchase of real estate from the Gunter Independent School District which will be held and ultimately developed DATE. enterprises within the City; and for facilities to improve the quality oflife offered in the City; and WHEREAS, the GEDC Board of] Directors and the City Council have determined that the Funding Agreement providing the requested project funding will, through its quality-of-life improvement, promote and retain new and expanded business enterprises within the City of GUNTER; and WHEREAS, the City Council finds that the expenditure of funds pursuant to the NOW,THEREFORE, BEITRESOLVED: BYTHE CITYC COUNCIL OFTHE CITY SECTION 1. The Funding Agreement between the City of Gunter and the Gunter Economic Development Corporation, in substantially the form of that attached hereto and incorporated herein by this reference as Exhibit "A,"i is hereby approved for provision of funding by GEDC to City in an amount not to exceed $348,934 for use in purchase of real property identified ini the Funding Agreement from the Gunter Independent School District. and any other documents necessary or1 referenced therein on behalfofthe City. Agreement is authorized by the Act and that the Agreement should be approved; OF GUNTER, TEXASTHAT: SECTION2. Thel Mayor or her designee is authorized to execute the Funding Agreement SECTION3. All resolutions oft the City of Gunter heretofore adopted which are in conflict with the provisions of this resolution be, and the same are hereby repealed, and all resolutions of the City not in conflict with the provisions hereof shall remain in full force and effect. SECTION 4. Ifany article, paragraph, subdivision, clause orj provision ofthis resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgement orl holding shall not affect the validity ofthis Resolution as a whole or any part orj provision thereof, as amended hereby, other than the part SO declared tol be invalid or unconstitutional. SECTION 5. This resolution shall take effect immediately from and after its passage. DULY PASSED by the City Council of the City of Gunter, Texas on the day of 2025. APPROVED: Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary APPROVED ASTOI FORM: Courtney Goodman-Morris, City Attorney 4919-0295-8611,V.1 EXHIBIT A [to be attached] Funding Agreement between City ofGunter and Gunter) EDC Exhibit "A" (to be: attached) Funding Agreement with City OfGUNTER 4919-0295-8611, v.1 STATE OF TEXAS COUNTY OF GRAYSON S S PROJECTFUNDING AGREEMENT This Project Funding Agreement ("Agreement") is made by and between the Gunter Economic Development Corporation, a Texas non-profit Type B economic development corporation ("GEDC") and the City of Gunter, Texas, a Texas home rule municipality ("City") (collectively the "Parties" or singularly a "Party"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, City has requested GEDC provide funding to the City for the Project WHEREAS, the Development Corporation Act, Chapters 501-505, Texas Local Government Code (the"Act"), authorizes GEDCtoL undertake Type A and Typel B eligible projects under the Act and to expend funds and grant funds for such projects found to be necessary or suitable for the promotion, expansion or: retention of business enterprises within the city; and WHEREAS, GEDC has determined that the Funding (hereinafter defined) for the Project to be made hereunder is required or suitable to promote or develop new or expanded business enterprises, and constitutes a "project", as that term is defined in the Act and will further the (hereinafter defined); and objectives of GEDC and will benefit the City and the City's inhabitants; NOW THEREFORE, in consideration oft the foregoing, and on the terms and conditions hereinafter set forth, and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ArticleI Definitions Wherever usedi in this Agreement, the following terms shall have the meanings ascribed to "City" shall mean the City of Gunter, Grayson County Texas, a Texas home rule them: municipality. "Effective Date" shall mean the date of execution oft this Agreement. "Expiration Date" means the date the Parties have fully satisfied their respective Funding" shall mean the payment of funds to City for the Project in the amount set forth obligations herein. in] Exhibit "A" to bej paid as set forth herein. PAGE1 PROJECT. FUNDING. AGREEMENT GEDC AND CITY OF GUNTER "GEDC" shall mean the Gunter Economic Development Corporation, a Texas non-profit Type B economic development corporation. "Project" shall mean the project described in Exhibit"A". Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article II Project Funding 3.1 Funding. (a) Subject to the continued satisfaction of all the terms and conditions of this Agreement by City, including the obligation of City to repay the Funding pursuant to Article V hereof, GEDC agrees to provide City with the Funding to be paid within thirty (30) days after GEDC receipt of a payment request from City following the Effective Date. City agrees that the Funding shall exclusively be used for expenditures for the Project. (b) Repayment of] Funding. City shall repay the Funding to GEDC ifCity elects not to proceed with the Project. City shall repay thel Funding within thirty (30) days after City determines not toj proceed with the Project. Any amount oft the Funding not expended by City after completion of the Project shall be repaid by City to GEDC within thirty (30) days after completion of the Project, unless otherwise applied or to be applied for the costs of another GEDC approved, qualified project under the. Act. 3.2 Grant Limitations. GEDC shall not be obligated to pay any commercial bank, lender or similarinstitution for any loan or credit agreement madel by City. None ofthe obligations of GEDC under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. 3.3 Current Revenue. Under no circumstances shall the obligations ofGEDCI hereunder be deemed to create any debt within the meaning ofa any constitutional or statutory provision. The Funding made hereunder shall be paid solely from lawfully available funds. Consequently, notwithstanding any other provision ofthis Agreement, GEDC shall have no obligation or liability toj provide the Funding except as allowed by law. Article IV Conditions tol Project Funds The obligation of GEDC to provide the Project Funding to City shall be conditioned upon the compliance and satisfaction by City oft the terms and conditions ofthis Agreement and each of PAGE2 PROJECT. FUNDING. AGREEMENT GEDCAND CITY OF GUNTER the conditions set forth ini this Article IV, provided that failure toi meet a condition shall not prevent the payment oft the Funding prior to the specified deadline for satisfaction oft the condition: 4.1 Good Standing. City shall not have an uncured breach or default ofthis Agreement. 4.2 Completion of the Project. City shall timely complete the Project within one hundred, eighty (180) days oft the Effective Date and shall provide written certification thereof to GEDC within thirty (30) days following the date completion ofthe Project. 4.3 Use of Funding. City agrees to apply the Funding solely to the costs oft the Project and any Funding remaining after completion oft the Project shall either be refunded to GEDC or applied to the costs of another GEDC-approved, qualified project under the Act. 4.4 Reporting. City shall on an annual basis provide GEDC with a written report regarding the status ofthel Funding and the amounts expended thereofby City and confirming that such Funding was expended for the Project or applied to the costs of another qualified project under the. Act. Article V Termination; Repayment 5.1 Termination. This Agreement shall terminate upon any one or more of the following: (a) By written agreement oft the Parties; (b) Expiration Date; (c) On the date oft termination set forth in written notice by either Party in the event the other Party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof; provided! howeveri ifthel breach may not be cured within such 30-day period the breaching Party shall have an additional sixty (60) days to cure such breach; or (d) On the date of termination set forth in written notice by either Party, ifany subsequent: Federal or State legislation or any final, non-appealable decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal, or unenforceable. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns ofthel Parties hereto. PAGE3 PROJECT! FUNDING. AGREEMENT GEDCAND CITY OF GUNTER 6.2 Limitation on Liability. It is understood and agreed between the Parties that the Parties in satisfying the conditions ofthis Agreement have acted independently, and neither Party assumes any responsibilities orl liabilities to third parties in connection with Parties' actions. 6.3 NoJoint Venture. Itisacknowledged and agreed by thel Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. 6.4 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted tol be delivered hereunder shalll be deemed received: (i) three (3) days after depositi into the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or (ii) on the day received if sent by courier or otherwise hand delivered. Ifintended for GEDC, to: Attn: Kristoffer Atkinson President Corporation 105N. 4th Street Gunter, Texas 75058 Ifintended for City, to: Attn: Karen Souther Mayor City ofGunter, Texas 1051 N.4 4th Street Gunter, Texas 75058 With a copy to: Attn: Victoria Thomas General Counsel 1800 Ross Tower 5001 N. Akard Street Dallas, Texas 75201 With a copy to: Attn: Courtney Goodman-Morris City Attorney Nichols Jackson, LLP 1800 Ross Tower 500N. Akard Street Dallas, Texas 75201 Gunter Economic Development Nichols Jackson, LLP 6.6 Entire Agreement. This Agreement ist the entire agreement between thel Parties with respect to the subject matter covered ini this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter ofthis Agreement, except as provided in any Exhibits attached hereto. 6.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Grayson County, Texas. The Parties agree to submit to the personal and subject matterj jurisdiction ofs said court. 6.8 Amendment. This Agreement may only be amended by a written agreement executed by both Parties. PAGE4 PROJECT! FUNDING. AGREEMENT GEDCAND CITY OF GUNTER 6.9 Legal Construction. Ini the event any one or more ofthej provisions contained ini this Agreement shall for any reason be held tol be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, aj provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute the same instrument. 6.12 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all 6.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations oft the Parties, as well as any rights and benefits of the Parties, pertaining to a period purposes wherever reference is made to the same. following the termination ofthis Agreement shall survive termination. 6.14 Successors and Assigns. This Agreement may not be assigned without the prior 6.15 Conditions Precedent. The obligations of the Parties are expressly subject to and conditioned on1 the following: (i) the authority of GEDC to undertake the obligations therein as an authorized project under the. Act, sixty (60) days after public hearing and notice thereof. written consent ofGEDC. (Signature. Page to Follow) PAGE5 PROJECT: FUNDING. AGREEMENT GEDC AND CITY OF GUNTER EXECUTED on this day of 2025 GUNTER ECONOMIC DEVELOPMENT CORPORATION By: Kristoffer Atkinson, President EXECUTED on this day of 2025. CITY OF GUNTER, TEXAS By: Karen Souther, Mayor Approved as to Form: By: Courtney Goodman-Morris City. Attorney PAGE6 PROJECTI FUNDING. AGREEMENT GEDC AND CITY OF GUNTER EXHIBIT "A" Project: Purchase, from Gunter) Independent School District, ofthe following described: real estate ont thet terms and under the conditions set: forthi in al Reall Estate Purchase Agreement ins substantially A certain 1.00 acre parcel ofreal property located in the CityofGunter, Grayson County, Texas. the: form oft that attached hereto as Exhibit"A-1": Owner Name GUNTERIS D Legal Acreage 1.00 Parcel ID 151917 Geo ID G002 5850090 Legal Description OTP GUNTER, BLOCK: 38, LOT13THRU: 18, 300X 145 Funding: An amount not to exceed and no/100 ($ Dollars. SOLo] PAGE EXHIBIT "A"TO PROJECT FUNDING. AGREEMENT GEDC AND CITY OF GUNTER EXHIBIT "A" EXHIBIT A-1 [to) be attached] Real Estate Purchase and Sale Agreement between City and GISD 4920-0774-9907,V.1 SOLOPAGE EXHIBIT "A"T TO) PROJECT. FUNDING. AGREEMENT GEDC. AND CITY OF GUNTER CYON GUNGERI EST.1901 CITY COUNCIL MEETING February 6, 2025 5:00PM AGENDA ITEM# # 8 Discuss, consider, and act upon the awarding oft the Fox Bend Trace storm sewer improvements to Wopac Construction int the amount of $32,095.00. AGENDA ITEM SUMMARY/BACKGROUND The street of] Fox Bend Trace, located in the Bridges Development has al hole in the stormwater system under the street and is need ofrepair. The repair will also require the removal and replacement ofthe street panels above the affected area. The item was bid out, with Wopac Construction being the sole bidder. Wopac Construction as participated previously in City of Gunter projects, has performed work for ai number of municipalities in Grayson County, and has consistently delivered excellent service for a reasonable cost. PRESENTED BY: Adam Adams, Director ofParks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIALIMPACT: $32,095 LEGAL REVIEW: N/A ATTACHMENTS: Award letter for Wopac Construction NMCMANUS MP&PAYNE 12302 FM 121 (Physical) I POI Box 835 (Mailing) |Van Alslyne, Texas75495 CONSULTINGE ENGINEERS,UIC ww.mmonuspyne.com January 24, 2025 Mr. Adam Adams City of Gunter 105 N. 4th Street Gunter, TX75058 Re: Fox Bend Trace Storm Sewer Improvements - Gunter, TX Project No. WA2025-01 - Project Award Dear Mr. Adams, We received proposals electronically fori the Fox Bend Trace project on November 13, 2024 (due at 2:00 PM). Below is the table of bids received: Wopac Construction, Inc. Contractor Bid $32,095.00 Wopac Construction, Inc. has worked for the City of Gunter previously. There were no previous problems with performance, and the City of Gunter was satisfied with Wopac Construction's previous projects. Wopac has also worked for McManus & Payne's clients on other projects and had satisfactory Therefore, we are recommending the award of this contract to Wopac construction, Inci in the amount of pertormance reviews from the various project owners. $32,095.00. Please let me know if you need any additional information. dMM-M Len! McManus, PE Principal 888.344.6523 Cc: Detra Gaines, City Secretary, City of Gunter CYON GUNGERI CITY COUNCIL MEETING February 6, 2025 5:001 PM EST.1901 AGENDA ITEM #9 Discuss, consider, and act upon the awarding of the Woods driveway transition repairs to Pace Construction Services in the amount of $98,610.00. AGENDA ITEM SUMMARY/BACKGROUND The driveway transitions between the City of Gunter streets and the residents' driveways within the Woods have degraded over time and have begun to cause road degradation between the driveways and the street. The overall condition of the streets within the Woods remains very acceptable and this project will help extend road viability within the development. The item was bid out, with Pace Construction Services being the lowest qualified bidder. Pace Construction Services currently performs work for the City of Gunter and has performed quality work in a responsive manner. PRESENTED BY: Adam Adams, Director of] Parks & Public Services RECOMMENDATION: Statfrecommends: approval. FINANCIALIMPACT: $98,610.00 LEGALREVIEW: N/A ATTACHMENTS: Award letter for Pace Construction Services NMCMANUS MP&PAYNE 123021 FM 121 (Physical) PO Box 835 (Mailing) Van Alstyne, Texas 75495 CONSULTING ENGINEERS.LC ww.mmanuspryne.om January: 23, 2025 Mr. Adam Adams City of Gunter 1051 N. 4thStreet Gunter, TX75058 Re: The Woods Driveway Transitions Repairs - Gunter, TX Project No. WA2025-02 -F Project Award Dear Mr. Adams, We received bids fort the subject project on December 19, 2024, at Gunter City Hall at 2:00 PM. In all, three bids were received. Below is thet table of bids received: Contractor Bid $98,610.00 $103,576.00 $177,064.00 Pace Construction Services, LLC Wopac Construction, Inc. Quality Excavation, LLC Pace Construction Services, LLC has worked for the City of Gunter previously. There were. no previous problems with performance, and the City of Gunter was satisfied with Pace Construction's previous Therefore, we are recommending the award of this contract to Pace Construction Services, LLC in the projects. Additional references were contacted, but did not respond. amount of $98,610.00. Please let me know ify you need any additional information. dwM-M Len! McManus, PE Principal 888.344.6523 Cc: Detra Gaines, City Secretary, City of Gunter TYON GUNGERI EST.1901 CITY COUNCIL MEETING February 6,2025 5:00] PM AGENDA ITEM# #1O Discuss, consider, and act upon an ILA (Inter-local Agreement) with Grayson County to perform street pothole repairs within the City of Gunter for $1,200. AGENDA ITEM SUMMARY/BACKGROUND This is part of a set of reciprocal agreements with Grayson County Precinct #1 whereby the City pays Grayson County to perform street services for the City for $1,200 and in-turn the County rents our pot-hole patch truck toj perform those services resulting in no net costs for either entity. Grayson County is evaluating the City'st truck as they are interested in acquiring the vehicle as it would be utilized more effectively by Grayson County then by the City with our current resource availability. PRESENTED BY: Adam Adams, Director of Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: $1,200 LEGAL: REVIEW: N/A ATTACHMENTS: ILA from Grayson County Cost estimation sheet INTERLOCAL AGREEMENT BETWEEN CITY OF GUNTER AND GRAYSON The Gunter City Council, in compliance with Section 791 of the Texas Government Code, otherwise known as the Interlocal Cooperation Act, hereby authorizes and approves this agreement for the proposed use of City equipment. Whereas, Grayson County, Texas, acting through its County Judge, Commissioner, or other agent authorized by the Commissioners Court, wishes to engage with the City of Gunter to provide the authorized government function or service described below: COUNTY, TEXAS TYPE OF EQUIPMENT: DURATION: INVOICE: NISSAN 3300 patching truck license #12558 61 Hours 25-005 TYPE OF PROJECT: COST OF RENTAL: Patching Misc. City Roads $1,200.00 This agreement is executed to be effective on the latest date signed. By:. Title: City Official Date: GRAYSON COUNTY,TEXAS BY: Date: Bruce Dawsey, County Judge Grayson County Precinct1 1312EFM1 1417 Sherman, Texas 75090 903.893.2033 Estimate #: 2025022 Customer: City of Gunter Estimate Date: 1/23/2025 Pot Hole Patching: 6 Hours (No Equipment) 3/8 Chip Rock Oil Employee Costp per Unit $25.00 per ton $2.85 pers gal $40.00 perhr Quantity 4.2 300 6 $105.00 $855.00 $240.00 $1,200.00 $1,200.00 *Total Estimate: *Please note this totali is an estimate only andi is subject to change due to material cosfi increase. Please remit payment to: Grayson Countyl IPct01 Attention: Gayla Hawkins - Treasurer 100 West Houston Suite A-2-2 Sherman, Texas 75090 1Y pr GUNAERI EST.1901 CITY COUNCIL MEETING February 6, 2025 5:001 PM AGENDA ITEM#IL Discuss, consider, and act upon an ILA (Inter-local. Agreement): with Grayson County to rent out pot- hole patch truck fora approximately six (6) hours ini the amount of$ $1,200. AGENDA ITEM SUMMARY/BACKGROUND This is part ofa a set of reciprocal agreements with Grayson County Precinct #1 whereby the City pays Grayson County to perform street services for the City for $1,200 and in-turn the County rents our pot-hole patch truck to perform those services resulting ini no net costs for either entity. Grayson County is evaluating the City's s truck as they are interested in acquiring the vehicle as it would be utilized more effectively by Grayson County then by the City with our current resource availability. PRESENTED BY: Adam Adams, Director of Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: $1,200 LEGAL: REVIEW: N/A ATTACHMENTS: ILA from Grayson County Cost estimation sheet INTERLOCAL AGREEMENT BETWEEN CITY OF GUNTER AND GRAYSON The Grayson County Commissioners Court, in compliance with Section 791 of the Texas Government Code, otherwise known as the Interlocal Cooperation Act, hereby Whereas, the City of GUNTER, acting through its Mayor, City Manager, or other agent authorized by the City Council, wishes to engage Grayson County to provide the COUNTY, TEXAS authorizes and approves this agreement for the proposed project. authorized government function or service described below: TYPE OF PROJECT: INVOICE: Pot Hole Patching (6 hours) 2025022 Misc.City Roads $1,200.00 LOCATION OF PROJECT: COST OF PROJECT: This agreement is executed to be effective on the latest date signed. By: Title: City Official Date: GRAYSON COUNTY,TEXAS BY: Date: Bruce Dawsey, County Judge City of Gunter 105 N 4th Street P.O. Box 349 Gunter, TX75058 903-433-5185 Estimate #: 25-005 Customer: Grayson County, Precinct1 Estimate Date: 1/28/2025 Pot Hole Patching Equipment: 11 Day NISSAN 3300 Patching Truck, License #12558 Cost per Unit $1,200.00 per day Quantity $1,200.00 $1,200.00 $1,200.00 "Total Estimate: *Please note thist totalis an estimate only andi is subject to change due to rental costi increase. Please remit payment to: City of Gunter 105 N. 4th Street P.O. Box 349 Gunter, TX 75058 o1 EST.1901 CITY COUNCIL MEETING February 6, 2025 6:001 PM GUNERI AGENDA ITEM #12 Discuss, consider, and act upon a Resolution authorizing continued participation with the Steering Committee of cities served by Oncor, and authorizing the payment ofe eleven cents per capita to the steering committee. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments CITY OF GUNTER, TEXAS RESOLUTION NO. RESOLUTION A AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AND AUTHORIZING THE PAYMENT OF ELEVEN CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND LEGAL PROCEEDINGS AND ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY COMPANY,LLC. WHEREAS, the City of Gunter is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of Oncor Electric Delivery Company, LLC (Oncor) within the municipal boundaries oft the city; and WHEREAS, the Steering Committee of Cities Served By Oncor (Steering. Committee) has historically intervened in Oncor rate proceedings and electric utility related rulemakings to protect the interests of municipalities and electric customers projects, as well as court proceedings, and legislative activity, affecting residing within municipal boundaries; and WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and transmission and distribution utility rates; and WHEREAS, the City is ai member oft the Steering Committee; and WHEREAS, the Steering Committee functions under the direction of an Executive Committee which sets an annual budget and directs interventions before state and federal agencies, courts and legislatures, subject to the right of any member to request and cause its party status to be withdrawn from such activities; and compels an assessment of eleven cents ($0.11) per capita; and WHEREAS, the Steering Committee at its December 2024 meeting set a budget for 2025 that WHEREAS, in order for the Steering Committee to continue its participation in these activities which affects the provision ofe electric utility service and the rates tol be charged, it must assess its members for such costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS: I. That the City is authorized to continue its membership with the Steering Committee of Cities Served by Oncor to protect the interests of the City of Gunter, and protect the interests of the customers of Oncor Electric Delivery Company, LLC residing and conducting business within the City limits. 7990690 II. The City is further authorized to pay its assessment to the Steering Committee of eleven cents ($0.11) per capita based on the population figures for the City shown in the latest TML Directory ofCity Officials. III. A copy oft this Resolution and the assessment payment check made payable to "Steering Committee of Cities Served by Oncor, clo City of Arlington" shall be sent to Brandi Stigler, Steering Committee of Cities Served by Oncor, Mail Stop 63-0300, PO Box 90231, Arlington, Texas 76004. PRESENTED AND PASSED on this the day of 2025, by a vote of ayes and nays at a regular meeting of the City Council of the City of Gunter, Texas. Signature Karen Souther, Mayor ATTEST: Signature Detra Gaines, City Secretary APPROVED AS TOJ FORM: Signature City Attorney 7990690 2 STAFF REPORT ON ASSESSMENT RESOLUTION FOR: STEERING COMMITTEE OF CITIES SERVED BY ONCOR Purpose ofthe Resolution The City of Gunkr is a member of a 169-member city coalition known as the Steering Committee of Cities Served by Oncor (Steering Committee). The resolution approves the assessment of a eleven cent ($0.11) per capita fee to fund the activities of the Steering Committee. Why this Resolution is Necessary The Steering Committee undertakes activities on behalf of municipalities for which it needs funding support from its members. Municipalities have original jurisdiction over the electric distribution rates and services within the city. The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, ERCOT, the courts, and the Legislature on electric utility regulation matters for over three decades. The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor Electric Delivery Company, LLC within the City. Steering Committee representation is also strong at ERCOT. It is possible that additional efforts will be necessary on new issues that arise during the year, and it is important that the Steering Committee be able to fund its participation on behalf ofi its member cities. A per capita assessment has historically been used and is a fair method for the members to bear the burdens associated with the benefits received from that membership. Explanation of"Be It Resolved" Paragraphs authorizes the continuation of the City's membership. I. The City is currently a member of the Steering Committee; this paragraph II. This paragraph authorizes payment of the City's assessment to the Steering Committee in the amount of eleven cents ($0.11) per capita, based on the population figure for the City as shown in the latest TML Directory ofCity Officials. III. This paragraph requires payment of the 2025 assessment be made and a copy of the resolution be sent to the Steering Committee. Payment of Assessment A copy of the resolution should be mailed with payment of the fee to Brandi Stigler, Steering Committee of Cities Served by Oncor, Mail Stop 63-0300, PO Box 90231, Arlington, Texas 76004. Checks should be made payable to: Steering Committee of Cities Served by Oncor, clo CityofArlington 7990691 OCSC Master List ofMembers (169 Total) 1. Addison 2. Allen 3. Alvarado 4. Andrews 5. Anna 6. Archer 7. Argyle 8. Arlington 9. Azle 10. Bedford 11. Bellmead 12. Belton 13. Benbrook 14. Beverly Hills 15. Big Spring 16. Breckenridge 17. Bridgeport 18. Brownwood 19. Buffalo 20. Burkburnett 21. Burleson 22. Caddo Mills 23. Cameron 24. Canton 25. Carrollton 26. Cedar Hill 27. Celina 28. Centerville 29. Cleburne 30. Coahoma 31. Colleyville 32. Collinsville 33. Colorado 34. Comanche 35. Commerce 36. Coppell 37. Copperas Cove 38. Corinth 39. Cross Roads 40. Crowley 41. Dallas 43. DeLeon 44. Denison 45. DeSoto 46. Duncanville 47. Early 48. Eastland 49. Edgecliff Village 50. Ennis 51. Euless 52. Everman 53. Fairview 54. Farmers Branch 55. Fate 56. Flower. Mound 1669/16/8350389 57. Forest Hill 58. Forney 59. Fort Worth 60. Frisco 61. Frost 62. Gainesville 63. Garland 64. Garrett 65. Glenn Heights 66. Grand Prairie 67. Granger 68. Grapevine 69. Gunter 70. Haltom 71. Harker Heights 72. Haslet 73. Henrietta 74. Hewitt 75. Highland Park 76. Honey Grove 77. Howe 78. Hudson Oaks 79. Hurst 80. Hutchins 81. Hutto 82. Iowa Park 83. Irving 84. Jolly 85. Josephine 86. Justin 87. Kaufman 88. Keene 89. Keller 90. Kemp 91. Kennedale 92. Kerens 93. Killeen 94. Krum 95. Lake Worth 96. Lakeside 97. Lamesa 99. Lavon 100.Lewisville 101.Lindale 102.Lindsay 103.Little River Academy 104.Malakoff 105.Mansfield 106.McKinney 107.Mesquite 108.Midland 109.Midlothian 110.Murchison 111.Murphy 112.New Chapel Hill 113.North Richland Hills 114. Northlake 115.Oak Leaf 116.Oak Point 117.Odessa 118.0'Donnell 119.Ovilla 120.Palestine 121.Pantego 122.Paris 123.Parker 124.Plano 125.Pottsboro 126.Prosper 127.Ranger 128.RedOak 129.Rhome 130.Richardson 131.Richland Hills 132.River Oaks 133.Roanoke 134.Robinson 135.Rockwall 136.Rosser 137.Rowlett 138.Royse 139.Sachse 140.Saginaw 141.Sansom Park 142.Seagoville 143.Seymour 144.Sherman 145.Snyder 146.Southlake 147.Springtown 148.Stephenville 149.Sulphur Springs 150.Sunnyvale 151.Sweetwater 152.Temple 153.Terrell 154.The Colony 155.Trophy Club 156.Tyler 157.University Park 158.Venus 159.Waco 160.Watauga 161.Waxahachie 162.Westover Hills 163.Westworth Village 164.White Settlement 165.Wichita Falls 166.Willow Park 167.Wilmer 168.Woodway 169.Wylie 42. Dalworthington Gardens 98. Lancaster updated 7/25/24 Steering Committee of Cities Served by Oncor 2024 OCSC Newsletter 2024 YEAR IN REVIEW ISSUE This past year was an active on for the Steering Committee of Cities Served by Oncor. This Year in Review edition of the OCSC newsletter highlights significant 2024 events and looksahead to 2025. ONCOR 2024 YEAR IN REVIEW OCSC Negotiates mprovements PUC Approves Oncor Resiliency Plan in 2024; A $3 billion resiliency plan submitted by Oncor, the north Texas electric utility, received approval Nov. 14 by the The plan, which includes pro-consumer modifications negotiated by OCSC and other intervenors, marks a first. Several other utilities have also submitted resiliency plans to the PUC as authorized by House Bill: 2555, enacted by the Texas Legislature in 2023. The resiliency plans are intended to harden the grid against extreme weather events, Oncor said its planned upgrades will reduce the impact of severe weather outages and address other physical and cybersecurity risks. Investments include those for overhead and underground lines, smart grid technologies, enhanced wildfire mitigation, additional vegetation management, improved physical security, and improved cybersecurity risk Oncor based its plan on two decades of weather and grid data. The improvements will' substantially reduce outage However, because the plan was the first of its kind, it lacked some of the technical data common to some other rate filings. As such, OCSC, during settlement talks, focused on obtaining commitments from Oncor to improve its metrics sO parties can better evaluate the plan's success and have a baseline to judge the success of plans in Oncor's current plan covers the three-year period from 2025 to 2027. The company will recover implementation costs through interim rate adjustment mechanisms, such as the Distribution Cost Recovery Factor. Details of the settlement agreement, which was reached after multiple meetings between Oncor, the OCSC, and Texas Public Utility Commission. wildfires, cybersecurity, and physical threats. mitigation. minutes," Oncor CEO Allen Nye saidi in as statement. thei future. other intervenors, can be found on the PUC website, under PUC Docket No. 56545. STEERING COMMITTEE OF CITIES SERVED BY ONCOR ACtEsevedbenaros The PUC's approval allows Oncor to begin implementing its resiliency measures and = as specified in House Bill 2555 = allows the utility to recover the costs associated with the improvements through rates applied to their PUC Adopts Ancillary Services Rules with OCSC Input On Dec. 19, the Public Utility Commission adopted a posture to a less conservative, more consumer-friendly, customers' future electric bills. new set of rules governing Ancillary Services, a key approach. component of the ERCOT-managed energy market employed to help maintain system reliability. PUCI Broadens the Scope of AS Objectives The Commissioners, in its adopted AS Study, also The rules included considerations of directed ERCOT to develop the Dispatchable Reliability recommendations forwarded by OCSC and other Reserve Service that is, ERCOT's newest AS in a intervenors and were adopted as part of a study of the manner that both promotes operational reliability and state's Ancillary Services posture mandated by Texas resource. adequacy initiatives. Cities argued that resource. lawmakers in the aftermath of Winter Storm Uri. In adequacy initiatives are outside the scope of AS policy approving the Ancillary Services Study in December, the and could possibly inflate DRRS costs. Nonetheless, in PUC made two significant AS policy decisions as detailed large part due to ongoing resource adequacy concerns, ERCOT Confirms-and Maintains--Recent "Conservative DRRS for operational reliability and resource adequacy. During the AS study process, ERCOT confirmed a to what extent DRRS should serve as a resource adequacy below. Operations" the PUC directed ERCOT to develop DRRS in a manner that preserves 'optionality"- i.e., the ability to deploy ERCOT stakeholders, including Cities, will now determine recent shift in its operational practices. Before Winter initiative. Storm Uri, ERCOT acquired AS quantities necessary to avoid load shed or blackout events. After Winter Storm The rulemaking comes in response to Senate Bill 3 Uri, ERCOT acquired greater quantities of AS sO as also to from 2021, under which the PUC, ERCOT, and ERCOT's avoid emergency "Watches." OCSC and an allied Independent Market Monitor (IMM) were charged with municipal coalition, the Texas Coalition for Affordable conducting a top-to-bottom examination of Ancillary Power, argued that this new conservative posture is Services in the ERCOT region. This examination includes unnecessary and inflates consumer costs and that the type, volume, and cost of ancillary services, whether ERCOT's AS new acquisition procedures are ambiguous those services continue to meet the needs of the ERCOT and require supporting cost analysis. region, and whether additional services are needed for reliability, with an emphasis on dispatchable generation. More information about this rulemaking can be found However, the PUC directed ERCOT to continue conservative operations until ERCOT produces the cost analysis necessary to compare competing operating on the. PUC website, under Project No. 55845, Review of postures. ERCOT will now develop cost analysis related to Ancillary Services in ERCOT. More information about various operating postures before 2027 when the Ancillary Services can be found in the OCSC ERCOT Commission will update the AS Study. In 2027, cost glossary, found online on the OcSCwebsite. analysis may compel ERCOT to adjust its operating 2 Oncor Receives Approval for Multiple DCRF Increases On Oct. 24, the PUC: adopted another Oncor Distribution Cost Recovery Factor rate increase -thei fourth since. June Under the newest increase, the per-customer DCRF charge willi increase from .003472 per kilowatt hour approved in its most recent DCRF case to .004553. This new charge amounts to more than $71 per year for a typical customer The repeated rate hikes are a result of state laws adopted in 2011 and 2023 that created and then modified the DCRF ratemaking process. Under it, transmission and distribution utilities can file for ratei increases at the Public Utility Texas lawmakers initially adopted Senate Bill 1693 in 2011 that laid out initial DCRF guidelines and included rules barring utilities from filing more than one DCRF per year. Then, in 2023, the Texas Legislature adopted Senate Bill 1015 However, Oncor has taken advantage of an otherwise trivial semantic distinction- that is, the difference in meaning between "calendar year" and "every 12 months" - toi file at total of four rate cases within 14 months. That is, the company filed two rate cases during the 2023 calendar year and two during the 2024 calendar year, making for a Under DCRF rules, the PUC reviews the rate requests in an accelerated fashion, and interested parties, such as the 2023 = bringing the total increases over that period to more than $377 million. consuming 1,300 kWh of power per month. Commission to recover capital expenditures on their distribution systems in an expedited fashion. that allowed electric utilities to seek DCRF rates hike twice annually. total of four rate hikes since the law took effect in. June 2023. Steering Committee of Cities Served by Oncor, can intervene in those reviews. Details of Oncor's four recent ratei filings include: Application filed on. June 29, 2023. Docket No. 55190 Distribution revenue requirement increase requested by utility: $152,777,465. Distribution revenue requirement increase granted: $152,508,937 ($268,528 decrease from request). Docket No. 55525 Application filed on September 15, 2023. Distribution revenue requirement increase requested by utility: $56,536,428. Distribution revenue requirement increase granted: $53,536,428 ($3 million decrease from request). Docket No. 56306 Application filed on March: 1, 2024. Distribution revenue requirement increase requested by utility:: $81,323,815. Distribution revenue requirement increase granted: $81,323,815. Docket No. 56963 2024. $90,288,143. Application filed on August 16, Distribution revenue requirement increase requested by utility: Distribution revenue requirement increase granted: $90,288,143. Find out more about ERCOT, the non-profit corporation that oversees the state's electric power grid, in the glossary and primer from the Steering Committee of Cities Served Oncor. The document includes definitions of key ERCOT terms, plus information about the organization's history, structure and board structure. You can find the publication, "Coming to Terms with ERCOT," in PDF form on the OCSC Report page at this link. COMING TO TERMS WITH ERCOT by 18-page 3 OCSC Advocates for Consumers in 2024 Securitization Proceeding Although facing years of Winter Storm Uri-related providers and other LSES that serve residential and small debt, residential and commercial customers should end commercial users. up shouldering a smaller portion of it thanks in part to regulatory recommendations made by cities. The Details In more specific terms, ERCOT, under the program Adopted Aug. 29 by the Public Utility Commission as will assess securitization charges to each Load Serving part of a broader set of debt-financing rules, the Entity in in accordance with their actual, real-time energy recommendations should result in indirect benefits for usage. However, transmission voltage customers = that residential and commercial customers. At the same time, is, certain large industrial users - have the option to "opt certain industrial energy users could end up paying -out" of the program. Those that do sO wouldn't be comparatively more. The Background eligible to benefit from payments under it norwould they Under the Aug. 29 PUC ruling, transmission-voltage have to make payments to supporti it. In2 2021, the Texas Legislature funded several debt- financing programs to soften the short-term pain of customers who have had a transfer in ownership willl lose spiraling gas and electric energy costs during Winter the ability to opt-out. All else equal, this should benefit Storm Uri. Known as "securitized" financing or other load serving entities. The OCSC and PUC staff securitization," the programs allow for large fiscal recommended this regulatoryi interpretation. obligations to be retired over time withi interest. As has been widely reported, wholesale prices Regulatory History PUC'staff earlier filed a petition seeking a declaratory exceeded a regulatory threshold during Winter Storm order that transmission-voltage customers, after a Uri because of emergency orders issued by the PUC. One transfer in ownership, lose their securitization opt-out such securitization program is designed to address status. OCSC also took that position in agency $2.1 billion in excess market costs associated with those proceedings, arguing that that interpretation was controversial regulatory decisions. The securitization consistent with legislative directives while simultaneously program would provide short-term relief for retail electric avoiding a disproportionate. assessment of securitization providers and other "Load Serving Entities" (such as charges to residential ratepayers. electric cooperatives and municipal utilities) affected by those high prices, with the cost of that relief generally Texas Industrial Energy Consumers, a coalition including transmission voltage customers, argued otherwise. Because many transmission voltage customers borne by market participants. One of the recommendations from the OCSC adopted are owned by the same parent company, TIEC's interpre- by the PUC would increase the relative share of that tation would have almost certainly reduced cost savings burden borne by certain industrial customers. This, in forn non-industrial customers. turn, would indirectly lessen the burden on retail electric Oncor Loses Appeal in Rate Case On February 22, a District Court Judge denied "with prejudice" an Oncor legal objection relating to a 2022 rate Oncor's 2022 rate case resulted in a June 2023 PUC Order on Rehearing that set a 6.65 percent rate of return and ordered a reduction to Oncor's revenues. In September 2023, Oncor filed a petition in District Court in Travis County In November 2023, the PUC, represented by attorneys with the Texas Attorney General, filed a "Plea to the Jurisdiction" arguing that Oncor failed to meet the requirements for an administrative appeal. On February 22, 2024,a District Court Judge granted the PUC's Plea to the. Jurisdiction. Oncor's petition for review of the PUC's decision was denied with prejudice, meaning this is thet final determination in the case and Oncor cannot re-file its appeal. case, al legal action representing thei final determination int the case. The History and Background appealing the PUC's. June Order on Rehearing. 4 Oncor Reports Increased Revenues in 2024, Anticipates More Spending Going Forward Oncor reported year-to-date earnings of $800 million, capital expenditure plan for 2025 through 2029 during the as compared to the $683 million during last year's first quarter of 2025 that will project a 40-50 percent corresponding nine-month period, according to increase over its previously announced 2024 through information released toi investors on Nov. 6. 2028 capital plan of $24.2 billion. The increase is largely driven by the forecasted growth of customer demand The $117 million increase was driven by overall higher within ERCOT, according to Oncor. revenues primarily attributable to updated interim rates and new base rates implemented in May 2023, according About Oncor toi the company. Headquartered in Dallas, Oncor Electric Delivery Company operates the largest transmission and As of September 30, Oncor had 884 active generation distribution system in Texas. The company delivers and LC&I transmission points of interconnection requests electricity to more than 4 million homes and businesses in queue. Generation customers represented 505 of the and operates more than 143,000 circuit miles of active requests, of which 44 percent are solar, 44 percent transmission and distribution lines. While Oncor is owned are storage, 7 percent are wind, 4 percent are gas and by two investors (indirect majority owner, Sempra, and 1 percent are other. minority owner, Texas Transmission Investment LLC), iti is managed by a separate board of directors. Oncor also expects to announce a new five-year Arlington City Attorney Molly Shortall Named OCSC Chair OCSC welcomed a new chair in 2024, Arlington City Attorney Molly Shortall. Prior to being named City Attorney in 2022, Ms. Shortall was an assistant city attorney for 15 years. Ms. Shortall has been a licensed attorney since 2006. Ms. Shortall replaced Paige Mims, City Attorney for the City of Plano, who stepped down as OCSC chair at the end of 2023 after serving nine years in the posi- Congratulations Ms. Shortall! Molly Shortall leadership. tion. Ms. Mims has been a tireless advocate for the organization, and OCSC thanks her for her years of Paige Mims 2025 OCSC Meetings March 6 June 12 (virtual only) September 11 December 11 (virtual only) OCSC Officers Chair-Molly Shortall Vice Chair- - Don! Knight Secretany-lupeOrocco Treasurer--David) Johnson For more questions or concerns regarding any ACSC matter or communication, please contact the following representative, who will be happy to provide assistance: Lloyd Thomas L. Brocato (512)322-5857 brocto@gawirm.com Jamie Mauldin (512)322-5890 maudinegawirm.com Gosselink masanl ATTORNEYS, ATLAW 5 CITY COUNCIL MEETING February 6, 2025 6:00 PM GUNERI EST.1901 AGENDA ITEM #13 Discussion regarding Creation oft the MDD. AGENDA ITEM UNMARYBACKCROIND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments CITY COUNCIL MEETING February 6, 2025 6:00 PM GUNERI EST.1901 AGENDA ITEM #14 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. Employee/Department Reviews AGENDA ITEM SUMMARYIBACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments CITY COUNCIL MEETING February 6, 2025 6:00PM GUNERI EST.1901 AGENDA ITEM #15 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. Discuss, and take appropriate action on any Executive Session item. AGENDA ITEMSUMMARYIBACKGROUND: PRESENTEDI BY: Karen Souther, Mayor "SUGGESTED MOTION>: INANCIALIMPACT: N/A LEGAL REVIEW: N/A ATTACHMENIS: See Attachments