B GUNERI EST. 1901 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 AGENDA Gunter City Council Regular Meeting Thursday, April 3, 2025 5:00 p.m. Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given of a Regular Meeting ofthe City Council of the City of Gunter, Texas to be held on April 3, 2025, at 5:00 p.m., in the Gunter Public Safety Building, located at 105 N. 4th Street, Gunter, Texas, at which time the following will be discussed and considered: Pursuant to Section 551.127, Texas Government Code, one or more Counctlmembers or employees may attend this meeting remotely using videoconferencing technology. The video and audio feed of the videoconferencing equipment can be viewed and heard by the public at the address posted above as the location of the meeting. 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 submitted any time before the public hearing is closed. CALL TO ORDER REGULAR CITY COUNCIL MEETING [Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally posted, pursuant to the Open Meetings Act. During the course of the meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.7 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 of three minutes. Comments shall be made from the podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council members to respond.] 1. Director of Parks & Public Services Streets a. Staff had the Fox Bend Trace pre-construction meeting last week with an estimated start time ofless than (30) thirty days. b. Staff had the pre-construction meeting for the Woods driveway transitions last week and the start date for that project is the first week ofMay. C. Street signage. d. Storage issues for Streets and Fire Department. Drainage RFQ 2. Mayor/ / Alderman Report: General Notifications, Announcements, Appreciations REGULAR AGENDA 3. Discuss, consider, and act upon approving the Municipal Development District (MDD) Bylaws. 4. Discuss, consider, and act upon appointing Jessica Dunn to the Gunter Municipal Development District (GMDD) for Place 1. 5. Discuss, consider, and act upon the removal of Cyndy Davis from the Gunter Municipal Development District Place 4. 6. Discuss, consider, and act upon amending the Interview process for city boards, commissions, and committees. 7. Discuss, consider, and act upon amending the Organization Membership to allow members within our ETJ to serve on the Park Board. 8. Discuss, consider, and act upon authorizing a Funding Agreement between the City of Gunter and the Gunter Area Chamber of Commerce. 9. Discuss, consider, and act upon accepting the installation of a small covered pavilion to be located adjacent to the playground at Gunter City Park. 10. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 11.475 acres, located on McConnell Road, and received from Keith Smith, on March 21, 2025. 11. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 12.44 acres, located on 1389 McConnell Road, and received from StratVest LLC, by Rishabh Parmar on March 21, 2025. ADJOURN I, the undersigned authority, do hereby certify that the above Notice ofCity Council Meeting ofthe City ofGunter, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the window of City Hall of said Gunter, Texas, a place convenient to the public, and said Notice was posted on or before March 31, 2025, at 5:00 p.m. and remained sO posted continuously for at least seventy-two hours immediately preceding the date of said meeting. Detra Gaines, City Secretary Ifd during the course oft the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorey as authorized by the Texas Open Meetings Act, Texas Government Code 551.001 et. seq, will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code Section: 551.071 Private consultation with the City's attomey on any item listed on the agenda or authorized by law. 551.072For the purpose of discussing the purchase, exchange, lease or value ofreal property. 551.073 For the purpose of considering aj negotiated contract for a prospective gift or donation. 551.074 For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or tol hear complaints or charges against a public officer or employee. 551.076 To consider the deployment, specific occasions for implementation, ofs security personnel or devices. 551.084 For the purpose of excluding witnesses during examination of another witness. 551.087 For the purposes ofc considering economic development negotiations. Persons with disabilities who plan to attend this meeting and who may need assistance should contact Detra Gaines, City Secretary, at (903)433- 5185 two working days prior to the: meeting so that appropriate arrangements can be made. E yO CITY COUNCIL MEETING GUNERI April 3, 2025 EST.1901 5:00 PM AGENDA ITEM #1 Director of Parks & Public Services Streets a. Staff had the Fox Bend Trace pre-construction meeting last week with an estimated start time ofless than (30) thirty days. b. Staff had the pre-construction meeting for the Woods driveway transitions last week and the start date for that project is the first week ofMay. C. Street signage. d. Storage issues for Streets and Fire Department. Drainage RFQ AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Adam Adams, Director of Parks & Public Services FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E TTYY o CITY COUNCIL MEETING GUNERI April 3, 2025 EST. 1901 5:00 PM AGENDA ITEM #2 Mayor 1 Alderman Report: General Notifications, Announcements, Appreciations AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E ny 0I CITY COUNCIL MEETING GUNAERI April 3, 2025 EST.1901 5:00 PM AGENDA ITEM #3 Discuss, consider, and act upon approving the Municipal Development District (MDD) Bylaws. AGENDA: ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments GUNAERI EST. 1901 GUNTER MUNICIPAL DE VELOPMENT DISTRICT BYLAWS Revised March 20, 2025 Gunter, Municipal Development District Bylaws Table of Contents ARTICLE I PURPOSES ARTICLE II BOARD OF DIRECTORS Section 1. Board of Directors.. 4 Section 2. Appointment, Number, and Term of Office.. 4 Section 3. Qualifications 4 Section 4. Vacancies and Resignations 4 Section 5. Officers and Term of Office Section 6. Compensation 4 Section 7. Meetings of the Board.. Section 8. Quorum.. Section 9. Board's Relationship with City Council.. Section 10. Board's Relationship with Administrative Departments of the City.. 5 Section 11. Conflict of Interest.. 5 ARTICLE III OFFICERS. 5 Section 1. President 5 Section 2. Vice President 5 Section 3. Secretary. 5 Section 4. City Liaison 6 ARTICLE IV GENERAL POWERS AND DUTIES OF THE DISTRICT. 6 Section 1. Limitations of District Powers. 6 Section 2. Recommending Body. 6 Section 3. District Powers 6 Section 4. Strategic Plan. 6 ARTICLE V FISCAL PROVISIONS. 6 Section 1. Municipal Development Project Fund. 6 Section 2. Use of Municipal Development Project Fund.. / Section 3. Annual Budget 7 Section 4. Bonds and Other Obligations 7 Section 5. Finance and Accounting. 7 Section 6. Auditing Procedures 7 ARTICLE VI INDEMNIFICATION OF DIRECTORS AND OFFICERS 8 Section 1. Right to Indemnification. 8 Section 2. Limit on Indemnification. 8 Section 3. Insurance. 8 ARTICLE VII ETHICS.. 8 Gunter Municipal Development District Bylaws 1IPage ARTICLE VIII AMENDMENTS. 8 Gunter Municipal Development District Bylaws 2/Page ARTICLEI PURPOSES The City of Gunter Municipal Development District (the "District") is a political subdivision of the State of Texas and the City of Gunter, Texas (the "City"), created in accordance with Chapter 377 of the Texas Local Government Code, as amended (the "Act"), and other applicable laws. The District was created for the purpose of developing and financing all development projects as that term is defined in Section 377.001(3) of the Act, as amended (a "Development Project"). ARTICLE II BOARD OF DIRECTORS Section 1. Board of Directors: The property and affairs of the District shall be managed and controlled by a Board of Directors subject to the restrictions imposed by law and these Bylaws. Section 2. Appointment, Number, and Term of Office: A Board of Directors (the "Board") shall be appointed by the City of Gunter City Council (the "Council"). The Board shall consist of seven (7) persons. The initial appointments shall include four (4) persons to serve two (2) year terms and three (3) persons to serve one (1) year terms. Thereafter, each member of the Board of Directors ("Director") shall be appointed and serve a two (2) year term. A Director continues to serve on the Board until their successor is appointed and is duly qualified to act. Section 3. Qualifications: Each Director must reside in the City of Gunter or in the extraterritorial jurisdiction of the City. An employee, officer, or member of the Council may serve as a Director but (i) may not have a personal interest in a contract executed by the District other than as an employee, officer, or member of the City Council and (2) may not serve as an officer of the District Board of Directors unless no other member is ready, willing, and able to serve in such office. Section 4. Vacancies and Resignations: A vacancy in any position of Director which occurs by reason of death, resignation, disqualification, removal or otherwise shall be filled by the City Council. A Director may resign at any time. Such resignation shall be made in writing, addressed to the Mayor and the City Secretary, with a copy to the Board, and shall take effect at the time specified therein, or if no time is specified, at the time of its receipt by the City Secretary. Any Director may be removed from office by the City Council at any time without cause. Section 5. Officers and Term of Office: The Board of Directors shall choose from its members a President, Vice President, and Secretary. The term of office for each officer shall be one (1) year with the term of office expiring on June 30th of each year. Officers may be re-elected. Section 6. Compensation: Directors shall not receive any salary or compensation for their services as Directors; provided that nothing contained herein shall be construed to preclude any Director from receiving reimbursement for their actual expenses incurred in the performance of their duties as a Director. Section 7. Meetings of the Board: Regular meetings of the Board shall be held in the City at such times as shall be designated, from time to time, by the Board. Directors may hold their meetings and keep the books of the District at Gunter City Hall, or such other place or places within the City as the Board may from time to time determine. Special meetings of the Board shall be held whenever called by the President, or at the request of a majority of the Directors who are serving duly appointed terms of office at the time the meeting is called. The Board shall meet in accordance with and file notice of each meeting of the Board for the same length of time and in the same manner and location as is required of a City under Chapter 551 of the Texas Government Code (the "Open Meetings Act"). Gunter Municipal Development District Bylaws 3/Page The District, the Board, and any committee of the Board exercising the powers of the Board are subject to Chapter 552 ofthe Texas Government Code (the "Public Information Act"). Section 8. Quorum: A majority of the Board shall constitute a quorum for the consideration of matters pertaining to the purposes of the District. The act of a majority of the Directors present and voting at a meeting at which a quorum is in attendance shall constitute the act of the Board, unless the act of a greater number is required by law or by these Bylaws. A Director who is present at a meeting of the Board at which any corporate action is taken shall be presumed to have assented to such action, unless their dissent shall be entered in the minutes of the meeting or unless they shall file a written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the District immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of the action. Section 9. Board's Relationship with City Council: The City Council shall require that the District be responsible to it for the proper discharge of its duties. All policies for development project administration shall be submitted for Council approval, and the Board shall administer said development projects accordingly. The Board shall determine its policies and direction within the limitations of the duties imposed by applicable laws, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities of the Board. Section 10. Board's Relationship with Administrative Departments oft the City: Any request for services made to the administrative departments of the City shall be made by the Board or its designee in writing to the Mayor, or the Mayor's designee. The Mayor, or Mayor's designee may approve such request for assistance from the Board when such requested services are available within the administrative departments of the City and the Board has agreed to reimburse the administrative department's budget for the costs of such services SO provided. Section 11. Conflict of Interest: The members of the Board of Directors shall be considered local public officials within the meaning of Chapter 171 of the Texas Local Government Code. If a Director has a substantial interest, as that term is defined in said Chapter, in a relationship, business entity, or real property which is the subject of deliberation by the Board of Directors, the Director shall file an affidavit with the Secretary of the District stating the nature or extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter of the Board of Directors, and if required by said Chapter, the interested Director shall abstain from any vote or decision upon the matter. ARTICLE III OFFICERS Section 1. President: The President shall be a member of the Board and shall preside at all meetings of the Board. The President shall be the principal executive officer of the District and subject to the Board, shall be in general charge of the properties and affairs of the District. The President shall have such other duties as assigned by the Board. The President may call special and emergency meetings of the Board. Section 2. Vice President: The Vice President shall be a member of the Board. The Vice President shall perform the duties and exercise the powers of the President upon the President's death, absence, disability, or upon the President's inability to perform the duties of the office. Any action taken by the Vice President in the performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. A Vice President shall have such other powers and duties as may be assigned by the Board or the President. Section 3. Secretary: The Secretary shall keep or cause to be kept the minutes of all meetings of the Gunter Municipal Development District Bylaws 4IPage Board; shall attend to the giving and serving of all notices; shall have charge of the District's books, records, documents and instruments, except the books of accounting, financial records and securities of which the City of Gunter Finance Director shall have custody and charge, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to the inspection of any Director upon application at the office of the District Secretary subject to the control of the Board. The City Secretary, or designee, will assist the Secretary with the execution of his/her responsibilities. Section 4. City Liaison: The Parks and Recreation Director of the City will serve as the City Liaison to the District, provide administrative support services for the District, and perform duties for the Board as prescribed by the City Council. The City Liaison may participate in Board discussions but shall not vote on matters before the Board. Section 5. An employee, officer, or member of the Council who is a Board member may not serve as an officer of the District Board of Directors unless no other member is ready, willing, and able to serve in such office. ARTICLE IV GENERAL POWERS AND DUTIES OF THE DISTRICT Section 1. Limitations of District: Powers in the fulfillment of its purpose, the District shall be governed by the Act, and shall have all of the powers set forth and conferred in the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. Section 2. Recommending Body: The Board is a recommending body to the City Council. Section 3. District Powers: Subject to a favorable recommendation of the Board and approval by the City Council, the District may perform any act necessary to the full exercise of the District's powers, including: a. accepting a grant or loan from a department or agency of the United States; department, agency, or political subdivision of this state; or public or private person; b. acquiring, selling, leasing, conveying, or otherwise disposing of property or an interest in property, including a Development Project, under terms and conditions determined by the District; C. employing necessary personnel; and d. adopting rules to govern the operation ofi the District and its employees and property. Subject to a favorable recommendation of the Board and approval by the City Council, the District may contract with a public or private person to plan, acquire, establish, develop, construct, or renovate a Development Project; or perform any other act the District is authorized to perform under the Act. Section 4. Strategic Plan: The District shall research, develop and prepare a Strategic Plan for development projects, which shall include proposed methods and the expected costs of implementation. The Plan shall include both short-term and long-term goals for the economic development of the City, proposed methods for the elimination of unemployment and under-mployment, and the promotion of employment, through the expansion and development of a sound retail, industrial and manufacturing base for and within the City. The Plan shall be complimentary to the goals and objectives of the City Council, the Gunter Municipal Development District Bylaws 5Page City's Comprehensive Plan, and/or any other goals and objectives of the City. ARTICLE V FISCAL PROVISIONS Section 1. Municipal Development Project Fund: The District shall establish by resolution a fund known as the Municipal Development Project Fund. The District may establish separate accounts within the fund. The District shall deposit the proceeds from any sales and use tax imposed by the District, all revenue from the sale of bonds or other obligations by the District, and any other money required by law to be deposited into the Municipal Development Project Fund. Section 2. Use of Municipal Development Project Fund: Subject to a favorable recommendation of the Board and approval by the City Council, the District may use money in the Development Project Fund for parks and recreation projects to: a. pay the cost of planning, acquiring, establishing, developing, constructing, or renovating one or more Development Projects in the District; b. pay the principal of, interest on, and other costs relating to bonds or other obligations issued by the District or to refund bonds or other obligations; C. pay the costs of operating or maintaining one or more Development Projects during the planning, acquisition, establishment, development, construction, or renovation or while bonds or other obligations for the planning, acquisition, establishment, development, construction, or renovation are outstanding; or d. as otherwise permitted by the Act as it exists or may be amended. Section 3. Annual Budget: On or before August 1 of each year, the Board shall prepare and present a proposed budget of expected revenues and proposed expenditure for the next ensuing fiscal year to the City Council. The fiscal year of the District shall commence on October 1 of each year and end on September 30. The District shall expend funds consistent with the Board adopted and Council approved budget. Any proposed expenditure not included in the budget will require approval by the City Council. Section 4. Bonds and Other Obligations: Subject to the approval of the Gunter City Council, the District may issue bonds, including revenue bonds and refunding bonds, or other obligations to pay the costs of a Development Project. The bonds or other obligations and the proceedings authorizing the bonds or other obligations shall be submitted to the Attorney General for review and approval as required by Chapter 1202, Government Code. The bonds or other obligations must be payable from and secured by the revenues of the District. The bonds or other obligations may mature serially or otherwise not more than 30 years from their date of issuance. The bonds or other obligations are not a debt of and do not create a claim for payment against the revenue or property of the District other than a Development Project for which the bonds are issued. Section 5. Finance and Accounting: The City of Gunter Finance Director shall have custody of all funds and securities of the District and shall maintain all accounts and financial records in accordance with the City's standard accounting procedures. When necessary, the Director of Finance shall (i) endorse for collection, on behalf of the District, checks, notes and other obligations and deposit the same to the credit of the District in such bank or banks or depositories as shall be designated by the Board; (ii) sign all receipts and vouchers for payments made to the District, either alone or jointly with such other officer as may be designated by the Board; or (ii) when required by the Board, render a Gunter Municipal Development District Bylaws 6IPage statement of the District's cash account. All purchases and expenditures by the District shall be in accordance with City of Gunter Purchasing Policies and Procedures. The Finance Director shall provide the Board a monthly written report of the District's finances and shall provide an annual report within 90 days of the end of each fiscal year. Section 6. Auditing Procedures: The Board shall provide for an annual financial audit to be performed by a competent independent audit firm. Such audit may be performed by the auditing firm retained by the City and performed within the scope of the City's annual financial audit. ARTICLE VI INDEMNIFICATION OF DIRECTORS AND OFFICERS Section 1. Right to Indemnification: To the fullest extent allowed by law, the District shall indemnify all Directors and employees of the District against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by a Director or employee in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which the Director or employee is made a party or with which the Director or employee is threatened, by reason of being or because of any act as District Director or employee within the course and scope of their duties and/or employment if the Director or employee acted in good faith and in a manner in which the Director or employee reasonably believed to be in or not opposed to the best interest of the District, and with respect to any criminal action or proceeding, had no reasonable cause to believe their conduct was unlawful. Section 2. Limit on Indemnification: Notwithstanding the foregoing, a Director or employee shall not be entitled to indemnification regarding (i) any matter in which they shall be adjudged by a court of competent jurisdiction to be liable for intentional acts of misconduct or gross negligence in the performance of their duties, or (ii) any matter in which they fail to notify the District of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by their failure to give notice or to cooperate. Section 3. Insurance: The District may purchase and maintain insurance, at its expense, to protect itself and any person who is or was serving as a Director or employee of the District against any expense, liability or loss. ARTICLE VII ETHICS It is the policy of the District that Directors and officers conduct themselves in a manner consistent with sound business and ethical practices; that public interest always be considered in conducting District business; and the appearance of impropriety be avoided to ensure and maintain public confidence in the District. Any rules of ethical conduct adopted from time to time by the City shall apply to the District and its Directors. ARTICLE VIII AMENDMENTS A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote of a majority of the full Board at any meeting. Any proposed change or amendment to the Bylaws, however, must be approved by the City Council to be effective. 4912-2264-5791, V. 2 Gunter Municipal Development District Bylaws 7IPage E ny 0 CITY COUNCIL MEETING GUNAERI April 3, 2025 EST.1901 5:00 PM AGENDA ITEM #4 Discuss, consider, and act upon appointing Jessica Dunn to the Gunter Municipal Development District (GMDD) for Place 1. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E CYCON CITY COUNCIL MEETING GUNGERI April 3, 2025 EST. 1901 5:00 PM AGENDA ITEM #5 Discuss, consider, and act upon the removal of Cyndy Davis from the Gunter Municipal Development District Place 4. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a Y 1 oE CITY COUNCIL MEETING GUNERI April 3, 2025 EST.1901 5:00 PM AGENDA ITEM #(o Discuss, consider, and act upon amending the Interview process for city boards, commissions, and committees. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL: IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments B nY7 O CITY COUNCIL MEETING GUNERI April 3, 2025 EST. 1901 5:00 PM AGENDA ITEM #7 Discuss, consider, and act upon amending the Organization Membership to allow members within our ETJ to serve on the Park Board. AGENDA ITEM SUNMARYBACKGROINDA PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments - CTy a On GUNERI CITY COUNCIL MEETING EST. 1901 April 3, 2025 5:00 PM AGENDA ITEM #8 Discuss, consider, and act upon authorizing a funding agreement between the City of Gunter and the Gunter. Area Chamber of Commerce. AGENDA ITEM SUMMARY/BACKGROUND The 2024-2025 budget approved by Council created a funding category titled "Community Enhancement" for the purpose of potentially providing funds and general support to be utilized by various non-profit/501c3 entities that contribute to the civic well-being ofGunter and who engage in activities that the City ofGunter has determined to be desirous fort the community. The Chamber ofCommerce was one of the organizations earmarked for these funds in the 2024-25 fiscal budget for operations associated with managing and fundraising for the July Fourth Celebration. Monies received by the Chamber from the City would go towards the purchase of the fireworks. The amount currently budgeted is $11,500. The cost of the fireworks has not increased over the past (3) three years but beginning this year the (20) twenty minute fireworks show will cost $13,500. The City could be the sole fireworks sponsor for $13,500 or a co-sponsor for the currently budgeted amount of$11,500. PRESENTED BY: Adam Adams, Director of Parks & Public Services RECOMMENDATION: N/A FINANCIAL IMPACT: $11,500 -13,500 LEGAL REVIEW: Yes ATTACHMENTS: Chamber Funding Agreement STATE OF TEXAS S S FUNDING AGREEMENT COUNTY OF GRAYSON S This Funding Agreement ("Agreement") is entered into as of the April 3, 2025 ("Effective Date") by and between CITY OF GUNTER ("City") and the GUNTER AREA CHAMBER OF COMMERCE (the "Chamber"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the Chamber works to promote the City's business economy and encourages business and industry investment within the City; and WHEREAS, the Chamber plays a vital role in representing the Gunter community to business prospects and newcomers; and WHEREAS, the Chamber has requested the City's assistance with funding for expenses which are incurred by the Chamber in the course of organizing community events and promoting the City; and WHEREAS, the City believes the Chamber's activities benefit the City, its citizens and local businesses; and WHEREAS, the City desires to continue to assist the Chamber by providing assistance through funding; and WHEREAS, the City has determined that entering into this Agreement with the Chamber will further the objectives of the City and will be in the best interest of the City, its citizens, and local businesses; NOWT THEREFORE, in consideration of the foregoing, and othervaluable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: ARTICLEI Term This Agreement shall be effective on the date of execution hereof by the City and the Chamber and shall continue for an initial term of one year. This Agreement shall automatically renew annually for an additional one-year period unless written notice of a nonrenewal is given at least 180 days before the expiration date of the initial or renewal period. ARTICLE II Agreement 2.1 General Guidance It shall be the intent ofthe City Council that priority consideration will be given to requests City of Gunter and Gunter Chamber of Commerce Funding Agreement 1IP a g e that mirror and/or compliment a service provided by the City of Gunter and/or perform a public benefit that is believed to be more cost effective and efficient than had the City of Gunter itself performed said task. Services that have no clear and/or definable public purpose will not be funded. Given: the likelihood of reviewing manyworthy causes and there being differing opinions and priorities among the members of the City Council, the following policy is designed to assist the City Council with systematically making the tough decisions necessary to fulfill the general intent. a. Only applications from registered non-profit/50103 organizations, whether officed in the City of Gunter or not, will be considered. b. Only requests that have a public benefit to any number of citizens or business owners will be considered. C. Requests may include, but not limited to, special events, programming, services, general operations, equipment, supplies, materials, etc. 2.2 Services The Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of City and render the following services: a. Represent the interests of all Gunter businesses in promoting economic development and lawful and positive business and local sales revenue. b. Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue. C. Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties. d. Promote trade and business meetings and activities that further these goals. 2.3 Responsibilities Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of Cityin the following areas: a. Business: i. The Chamber shall actively work to increase their current Membership. ii. Serve as an advocate for the business community and as a City liaison when appropriate. This shall be accomplished by operating as a visible and approachable representative of business, and by disseminating other information to the business community on behalf of the City. City of Gunter and Gunter Chamber of Commerce Funding Agreement 2IP a g e iii. Attend meetings of the Gunter City Council, Gunter Municipal Development District, or other economic development entity, board or commission established by the City Council when appropriate. iv. Maintain and continue to improve the image of the Chamber within the City of Gunter and surrounding areas. V. Assist the Cityin the attraction, retention, and expansion of business in Gunter and work withthe Gunter Municipal Development District, or other economic development entity, board or commission established by the City Council when possible, by reaching out to businesses and offering assistance to the business community. vi. Provide Chamber Members with an avenue to announce their presence in the community at large, through ribbon-cutting ceremonies and helping facilitate business open house events. b. Community: i. The Chamber shall continue to improve the quality of life in Gunter by participating and/or organizing the following Community events and/or operations: 1. Continue to operate and manage and fundraise for the annual July 4th Celebration. 2. Engage in new business ribbon cutting/grand openings. 2.4 Consideration In consideration ofthe valuable services pertormed by the Chamberfor the City, as setforth above, the City will commit to the following: a. As available, the City will provide, at no cost to the Chamber: i. For the July 4th Celebration: 1. Police and general staff services as needed. 2. Safety lighting and barricades. 3. Gunter City Park and associated facilities. 4. Permit or related administrative costs. b. The City, as a recognized partner in the July 4th celebration, will annually remit the needed funds to the Chamber for the purchase of the fireworks to be used in the July 4th Celebration. In the event that the Cityfunds only a portion of the fireworks display due to budgetary constraints, the city shall be named as a firework co-sponsor. 2.5 Indemnification Chamber agrees that it will defend, indemnify and hold harmless the City, and its elected officials, officers, employees and agents from and against all claims, demands, causes of action, costs, expenses, losses, injuries, damages, or liabilities to property or persons, including but not limited to personalinjury, property damage, and wrongful death, City of Gunter and Gunter Chamber of Commerce Funding Agreement 3]P a g e in any manner arising out of or in connection with any alleged acts, omissions, or willful misconduct of the Chamber, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation, the payment of all damages, including but not limited to actual damages, compensatory damages, consequential damages, damages for pain and suffering, or any other damages, attorneys fees and other related costs and expenses to the maximum extent allowed by law. 2.6 Insurance Chamber shall secure from a good and responsible company or companies doing insurance business in the State of Texas, pay for and maintain in full force and effect for the duration of this Agreement a policy of General Liability Insurance in which the City is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City Secretary before execution of this Agreement by the City or within a reasonable time after execution. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include the City as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, this Agreement. b. Include the City, its officers, employees, and agents while acting within the scope of their duties under this Agreement against all claims arising out of, orin connection with, the Agreement. C. Provide the following minimum limits: General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury, and property damage. d. Require the insurer to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Chamber for the City. e. Require that the bearer and endorsement have an attached rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receiptrequested,notlessthan thirty (30) days before such date. 2.7 Terminationand Recapture This Agreement may be terminated by: (a) either party upon 180 days written notice by either Party; or (b) upon any mutual written agreement of the Parties; or (c) upon 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, or (d) by the City, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. City of Gunter and Gunter Chamber of Commerce Funding Agreement 41P a g e In the event the City terminates this Agreement in accordance with 2.7 (a) the Chamber shall have the right of first refusaltol hosti the July 4th Celebration if priort to receiving notice of termination from the City, the Chamber has entered into an agreement to purchase fireworks. Prorated funding returned to the City by Chamber shall be determined on the basis ofthe actual services provided and the actual costs incurred as of the effective date of the termination. Upon payment or tender of such amount, all of the City's obligations hereunder shall be discharged and terminated and no action shall lie or accrue for additional benefit, consideration or value for or based upon the services performed under or pursuant to this Agreement. ARTICLE III Miscellaneous 3.1 The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. This Agreement may not be assigned without the express written consent of the parties hereto. 3.2 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth with the signature of the party. 3.3 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. This Agreement may not be assigned without the express written consent of the City Council. 3.4 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 3.5 Governing Law. The 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 matterjurisdiction of said court. 3.6 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 3.7 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to 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, a 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. City of Gunter and Gunter Chamber of Commerce Funding Agreement 5IP a g e EXECUTED this day of 2025. GUNTER AREA CHAMBER OF COMMERCE By: Brandy Cochran, Chamber President By: Tiziana Kanouse, Chamber Vice President CHAMBER'S ACKNOWLEDGMENT STATE OF TEXAS S S COUNTY OF GRAYSON S This instrument was acknowledged before me on the day of 2025, by President of the Gunter Area Chamber of Commerce, on behalf of the Chamber for the ourposes stated herein. This instrument was acknowledged before me on the day of 2025, by Vice President of the Gunter Area Chamber of Commerce, on behalf of the Chamber for the purposes stated herein. Notary Public, State of Texas EXECUTED this day of 2025. CITY OF GUNTER, TEXAS By: Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary City of Gunter and Gunter Chamber of Commerce Funding Agreement 6IPage B CYON GUNERI CITY COUNCIL MEETING EST. 1901 April 3, 2025 5:00 PM AGENDA ITEM #9 Discuss, consider, and act upon accepting the installation of a small covered pavilion to be located adjacent to the playground at Gunter City Park. AGENDA ITEM SUMMARY/BACKGROUND The Gunter Ladies for tomorrow chose to fund the construction of a shade pavilion as their community project for this year. They worked with Ag Department ofGunter High School to build the structure. Two students, Brody Bracewell and Braden Hilton built the structure to compete in various Ag Mech shows. They won the blue ribbon at San Angelo and San Antionio shows. Vitz Metal donated the metal and Hope Concrete and CAG Construction are donating the poured concrete slab for the pavilion to be installed upon. This pavilion will fulfill a need to allow parents to have a shaded structure adjacent to the playground where they can watch their children play. The placement of this structure is not in conflict with any components in the current Park Master Plan. PRESENTED BY: Adam Adams, Director ofParks & Public Services RECOMMENDATION: Staffrecommends approval. FINANCIAL IMPACT: Less than $500 LEGAL REVIEW: N/A ATTACHMENTS: 1. Pavilion example picture 2. Small pavilion location aerial view 3. Small pavilion location street view - 5 3 - u 5 & - E - 5 - e 8 f E CYON CITY COUNCIL MEETING GUNERI April 3, 2025 EST. 1901 5:00 PM AGENDA ITEM # 10 Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 11.475 acres, located on McConnell Road, and received from Keith Smith, on March 21, 2025. AGENDA ITEM SUMMARYBACKGROINP PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments RECEIVED MAR 21 2025 10:02 am March 17, 2025 A Courtney Morris City of Sanger, City Attorney 105 N 4th Street Gunter, TX 75058 Via email: 0 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Gunter Dear Ms. Morris, 1. Keith W Smith ("Owner")1 files this Petition pursuant to TEX. LOC. GOV'T CODE S 42.102. 2. Keith W Smith owns property within the extraterritorial jurisdiction of the City Gunter at TBD McConnell Rd, Gunter Texas 75058 = Legal: G-0104 BLUNDELL JOHN A-G0104, ACRES 11.475 PID 408766 (the "Property")- See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of Gunter to release of Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. LOC. GOV'T CODE S 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from the AtratemtonaJunisalcion, if the owner's property in question meets the applicability requirements of TEX. LOC. GOVT CODE S 42.101 and the petition requirements of TEX. LOC. GOVT CODE S 42.104. 5. Owner's Property meets the applicability requirements of TEX. LOC. GOV'T CODE S 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX.LOC.GOVT CODE S 42.101, the undersigned swears that the Property is not: (1) within five miles oft the boundary of a military base, as defined by TEX. LOC. GOVTCODE S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; pg. 1 (3) within the portion ofi the extraterritorial; jurisdiction of a municipality with a population of more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by TEX. LOC. GOVT CODE S 43.0117, at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. LOC. GOVTCODE S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. LOC. GOV'T CODE S 43.0751. 7. This Petition meets the requirements of TEX. LOC. GOV'T CODE S 42.104. 8. As required by TEX. LOC. GOVT CODE S 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Grayson Central Appraisal District. 9. As required by TEX. LOC. GOV'T CODE S 42.104(a)(2), the signature page accompanying this Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 10. As required by TEX.LOC.GOVT CODE S 42.103, the signature is valid pursuant to TEX. ELEC.CODE S 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, (i) county of registration; (C) the signer's residence address; and (D) the date of signing. 12. As required by TEX.LOC. GOV'T CODE S 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 13. As required by TEX. LOC. GOVT CODE S 42.104(c), the signature collected under this section is in writing. 14. As required by TEX. LOC. GOV'T CODE S 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the ooundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 15. As required by TEX. LOC. GOV'T CODE S 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners oft the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. pg. 2 16. Pursuant to TEX. LOC. GOVT CODE S 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Gunter, the city must immediately release the area- Owner's Property-from the City's extraterritorial. jurisdiction. 17. Pursuant to TEX. LOC. GOV'T CODE S 42.105(d), if the City fails to take action to release Owner's Property from the City's ETJ by the later of the 45th day aftert the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area- Owner's Property-is released by operation of law. pg.3 3 OWNER NAME: Keith W Smith Keith W Smith By: Printed Name Its: Owner Title (. Signature Date of birth 1074673084 Voter registration number Collin Voter county of registration 9343 Sycamore Street, Frisco TX 75033 Residence address 03-17-2025 Date of signing pg. 4 EXHIBIT A DEED AND PROPERTY MAP pg.5 5 ax Parcels:SMITH KEITH W Vew More Propenyt Informaion 104 J. BLUNDE Property Information Property! ID: 408766 LegalAcreage: 11.47 GEOI ID:269010400504 Legal Description: G-0104 BLUNDELL. JOHN A-G0104, ACRES 11.475 Tract or Lot: Abstract Subdivision Code: G-0104 Block: Neighborhood Code: N School District: SGU City Limits: Propertv Location Zoomto McConnell Rd Property ID: 408766 For Year E 2025- Property Details Account Property ID: 408766 Geographic ID: 269 010400504 Type: R Zoning: Property Use: Condo: Location Situs Address: MCCONNELL RD GUNTER, TX Map ID: 269 Mapsco: Legal Description: G-0104 BLUNDELL. JOHN A-G0104, ACRES 11.475 ADstractsubdivision: G-0104 Neighborhood: (N)N Owner Owner ID: 468402 Name: SMITH KEITH W Agent: Mailing. Address: 9343 SYCAMORE ST FRISCO, TX7 75033-2318 % Ownership: 100.0% Exemptions: For privacy reasons not all exemptions are shown online. pg. 6 104 J. BLUNDE McConnell F pg. 7 Grayson County Wilma Bush County Clerk Sherman, TX 75090 Instrument Number: 2020 -31367 ERecordings-RP Recorded On: November 12, 2020 08:02 AM Number of Pages: 4 Parties: PROSPER REALTY PARTNERS LLC "Examined and Charged as Follows: Total Recording: $24.00 *** ** * * THIS PAGE IS PART OF THE INSTRUMENT *** * * Any provision herein which restricts the Sale, Rental or use of the described Document because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 31367 CSC Global Receipt Number: 20201111000007 Recorded Date/Time: November 12, 2020 08:02 AM User: Cort M Station: CLERKO7 STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson County, Texas. Wilma Bush County Clerk Grayson County, TX 2020 - 31367 Recorded by Stewart Title GF#933408 GF# NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC: RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER WARRANTY DEED WITH VENDOR'S LIEN DATE: November 10, 2020 GRANTOR: PROSPER REALTYPARINERS, LLC GRANTOR'S MAILING ADDRESS: 101 Equestrian Way, Prosper, TX 75078 GRANTEE: KEITH W. SMITH GRANTEE'S MAILING ADDRESS: 9343 Sycamore Street, Frisco, TX 75078 CONSIDERATION: Ten and No/100 ($10.00) and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by grantees of their one certain promissory note of even date herewith in the principal sum of $340,825.00 payable to the order of William A. Zeman, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event. of default and for attorney's fees; additionally secured by a Deed of Trust of even date herewith to Kent Davis, Trustee. PROPERTY (including any improvements): See Exhibit "A" attached hereto and made a part hereof for all purposes. RESERVATIONS FROM. AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is given and accepted subject to any and all easements, restrictions, rights-of-way, covenants, conditions, reservations, municipal or other governmental zoning laws, regulations and ordinances, if any, affecting and enforceable against the herein described property. Warranty Deed with Vendor's! Lien Page 1 2020 - 31367 Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every person whosoever lawfully claiming or to claim the same or any, part thereof, except as to thei reservations from and exceptions to warranty. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. The said Vendor's Lien and Superior Title herein retained are hereby transferred, assigned, sold and conveyed to William A. Zeman, successors and assigns, the payee named in said note without recourse on grantor. When the context requires, singular nouns and pronouns include the plural. PROSPER REALTY PARTNERS, LLC By: ahE Name: wi lenbsexfen A Title: Grtrer STATE OF TEXAS COUNTY OF This instrument was acknowledged before me p the 0 day of LhL LLA 2020, by of Prosper Realty Partners, LLC, on behalf of séid entity. - DeAnna Oellermann Notary Public, State of Texas My Commission Expires 04/09/2024 IDNo 12010432 AFTER RECORDING RETURN TO: Keith W. Smith 9343 Sycamore Street Frisco, TX 75078 Warranty Deed with Vendor's Lien Page 2 2020 - 31367 Exhibit "A" Situated in the County of Grayson, State of Texas, being a part of the. John Blundell Survey, Abstract No. 104, and being a part of the same tract of land described as 32.48 acres conveyed to Prosper Realty Partners by deed recorded in Volume 5.317, Page 114, Official Public Records, Grayson County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a found 1/2" steel rod being the Northeast corner of said 32.48 acre tract; Thence South 01°15'36" East, a distance of 649.12 feet to a found 1/2" steel rod; Thence South 00°17'07 - East, a distance of 648.63 feet to a set P.K. nail in the center of a public road known as McConnell Road; Thence South 89°30'58" West, along the center of McConnell Road, a distance of 382.45 feet to a set P.K. nail; Thence North 00°46'27" West, a distance of 1297.41 feet to a set 1/2" steel rod; Thence North 89'28'22" East, a distance of 382. 47 feet to the Point-ot-Beginning and containing 11.475 acres of land. Warranty Deed with Vendor's Lien Page 3 EXHIBIT B AFFIDAVIT OF KEITH W SMITH IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GUNTER Before me, the undersigned authority, on this day personally appeared, Keith W: Smith, who under oath stated as follows: 1. My name is Keith W Smith. I am over eighteen (18) years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. As the Owner I am authorized to submit this Petition on its behalf. 3. Keith W: Smith is the property owner in the extraterritorial, jurisdiction of the City of Gunter. Its property is located at the following address: TBD McConnell Rd, Gunter Tx 75058 - Legal Description: G-0104 BLUNDELL JOHN A-G0104, ACRES 11.475 Grayson County Tx (the "Property"). 4. There is 1 owner of the Property: Keith W Smith. Keith W Smith owns 100% of the interest in the Property. 5.Isweari that the Property is not: (1) within five miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (a) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (3) within the portion of the extraterritorial, jurisdiction of a municipality with a population of more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S 43.0117, at which an active training program is conducted, and (b) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under Tex. Loc. Gov't Code S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code S 43.0751. 6.Iswear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth; voter registration number; county of voter registration, (4) residence address, and (5) date of which signed such petition. 7.Is swear that I satisfied the signature requirement of Tex. Loc. Gov't Code S 42.104(b) within 180 days following the date the fjrst signature for the petition was obtained. Keith W Smith - - - 7 V - 1 - Sworn and subscribed to before me on this the day of March, 26 J. 2 Notary Public in and for the State of Texas E to : OEES 06-1 : a C 1 I : YON CITY COUNCIL MEETING GUNERI April 3, 2025 EST. 1901 5:00 PM AGENDA ITEM #11 Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 12.44 acres, located on 1389 McConnell Road, and received from StratVest LLC, by Rishabh Parmar on March 21, 2025. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments REGGVED MAR 21 2025 10.02am March 17, 2025 C Courtney Morris City of Sanger, City Attorney 105 N 4th Street Gunter, TX 75058 Via email: 0 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Gunter Dear Ms. Morris, 1. StratVest LLC, a Texas limited liability company ("Owner") files this Petition pursuant to TEX. LOC. GOV'T CODE S 42.102. 2. StratVest LLC, a Texas limited liability company owns property within the extraterritorial jurisdiction of the City Gunter at 1389 McConnell Rd, Gunter Texas 75058 PID 131717 (the "Property"). See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of Gunter to release of Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. LOC. GOV'T CODE S 42.102, an owner or owners of majority in value of an area in a municipality's atatertonaunsdicion may file a petition with the municipality to be released from the extraterritorial jurisdiction, if the owner's property in question meets the applicability requirements of TEX. LOC. GOV'T CODE S 42.101 and the petition requirements of TEX. LOC. GOV'T CODE S 42.104. 5. Owner's Property meets the applicability requirements of TEX. LOC. GOV'T CODE S 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX.LOC.GOVT CODE S 42.101, the undersigned swears that the Property is not: (1) within five miles of the boundary of a military base, as defined by TEX. LOC. GOVTCODE S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial. jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; pg. 1 (3) within the portion of the Atratertoraunsdicion of a municipality with a population of more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by TEX. LOC. GOVT CODE S 43.0117, at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. LOC. GOV'T CODE S 42.044; or (5)i in an area subject to a strategic partnership agreement entered into under TEX. LOC. GOV'T CODE S 43.0751. 7. This Petition meets the requirements of TEX. LOC. GOV'T CODE S 42.104. 8. As required by TEX. LOC. GOV'T CODE S 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Grayson Central Appraisal District. 9. As required by TEX. LOC. GOVT CODE S 42.104(a)(2), the signature page accompanying this Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 10. As required by TEX.LOC.GOVT CODE S 42.103, the signature is valid pursuant to TEX. ELEC.CODE S 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, (iii) county of registration; (C) the signer's residence address; and (D) the date of signing. 12. As required by TEX.LOC. GOV'T CODE S 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 13. As required by TEX. LOC. GOV'T CODE S 42.104(c), the signature collected under this section is in writing. 14. As required by TEX. LOC. GOV'T CODE S 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the ooundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 15. As required by TEX. LOC. GOV'T CODE S 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners oft the area described by the petition oft the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. pg. 2 16. Pursuant to TEX. LOC. GOV'T CODE S 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Gunter, the city must immediately release the area- Owner's Property-from the City's extraterritorial. jurisdiction. 17. Pursuant to TEX. LOC. GOVT CODE S 42.105(d), if the City fails to take action to release Owner's Property from the City's ETJ by the later of the 45th day after the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area- Owner's Property-is released by operation of law. pg.3 OWNER NAME: StratVest LLC, a Texas limited liability company By: Bishak Psar Printed Name Its: Dirert tat Manager Title Signature Date of birth 2000907318 Voter registration number Collin Voter county of registration 64o AllwertN Dr FTx7535 Residence address 05-7-2025 Date of signing pg. 4 EXHIBIT A DEED AND PROPERTY MAP pg.5 Grayson County Deana Patterson County Clerk Sherman, TX 75090 Instrument Number: 2025 - 4746 ERecordings-RP Recorded On: February 26, 2025 09:34 AM Number of Pages: 5 "Examined and Charged as Follows: a Total Recording: $27.00 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described Document because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 4746 eRecording Partners Network Receipt Number: 20250226000026 100 W. Houston Ste. 17 Recorded Date/Time: February 26, 2025 09:34 AM User: Maria J Sherman TX 75090 Station: JAIMESM-CC18 STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson County, Texas. Deana Patterson County Clerk Grayson County, TX 2025 4746 Independence Title GF# 2443117-FADA After Recording Return to: StratVest LLC NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED Date: Feb. 14 2025 Grantor: Catherine Yeary Brooks and Christopher Yeary Grantee: StratVest LLC, a Texas limited liability company Grantee's Mailing Address: 5799 CUSTEK Rb, SuiTE 10-181. FRISCO, Tx 75035 Consideration: TEN AND NO/100 DOLLARS ($10.00) and a Note of even date herewith executed. by Grantee and payable to the order of CADENCE BANK ("LENDER") in the original principal sum of SEVEN HUNDRED FIFTY THOUSAND & NO/100 DOLLARS ($750,000.00). The Note is secured by a superior vendor's lien and superior title retained in this Deed in favor of Lender, and by a first-lien deed oftrust of even datefrom Grantee to Shanna Kuzdzal, Trustee. Property (including any improvements): Situated in the County of Grayson, State of Texas, being a part of John Blundell Survey, Abstract No. 104, and being all of a called 3.00 acre tract of land described in the deed to James Ray Yeary and Diane E. Yeary, recorded in Volume 1369, Page 359, Deed Records, Grayson County, Texas, and the remaining portion of a called 18.513 acre tract of land described in the deed to James Ray Yeary, recorded in Volume 4138, Page 778, Official Public Records, Grayson County, Texas, and being described by metes and bounds as follows: Beginning at a P/K nail found for the southwest corner of said 3.00 acre tract, common to the southwest corner of a called 11.475 acre tract of land described in the deed to Keith W. Smith, recorded in Document No. 2020- 31367, Real Property Records, Grayson County, Texas, and in McConnell Road, and from which a 1/2" steel rod bears North 32°29' East, a distance of 2.5 feet; Thence North 00°17'07" West, with the westerly line of said 3.00 acre tract, and with the easterly line of said 11.475 acre tract, a distance of 648.63 feet to a 1/2" steel rod found for the northwest corner of said 3.00 acre tract, common to the western-most southwest corner of said 18.513 acre tract; Thence North 01°15'36" West, with the westerly line of said 18.513 acre tract, and with the easterly line of said GENERAL WARRANTY DEED 2025 4746 11.475 acre tract, along or near: a fence, a distance of 649.12 feet to a 1/2" steel rod found for the northwest corner of said 18.513 acre tract, and on the southerly line of a called 43.623 acre tract of land described in the deed to Van Nichols Family Limited Partnership, recorded in Document No. 2019-9790, said Real Property Records; Thence North 89"48'11" East, with the northerly line of said 18.513 acre tract, and with the southerly line of said 43.623 acre tract, a distance of 417.72 feet to a 1/2" steel rod set for the northeast corner of the herein described tract of land, common to the northwest corner of a called 3.000 acre tract of land described in the deed to Timothy R. Stelly and Haley Elaine Stelly, recorded in Document No. 2023-16853, said Real Property Records; Thence South 01°03'00" East, crossing said 18.513 acre tract, with the westerly line of said 3.000 acre tract, a distance of 1294.06 feet to a P/K nail set for the southeast corner of the herein described tract of land, common to the southwest corner of said 3.000 acre tract, and on the southerly line of said 18.513 acre tract, and in aforesaid McConnell Road, and from which a 1/2" steel rod found for the southeast corner of said 3.000 acre tract bears North 88°49'39" East, a distance of 129.17 feet; Thence South 89018'03" West, with the southerly line of said 18.513 acre tract, and in McConnell Road, a distance of 423.96 feet to the Point of Beginning and containing 12.44 acres of land, more or less Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision in which the Property is located; standby fees, taxes, and assessments by any taxing authority for the year 2025 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located; any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead or community property or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, including but not limited to persons, the public, corporations, governments, or other entities, to (1) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (2) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (3) filled-in lands or artificial islands, (4) water rights, including riparian rights, or (5) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area; validly existing easements, reservations or exceptions which are recorded in the real property records of the County where the Property is located. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute, and the vendor's lien and superior title herein reserved shall be automatically released and discharged. GENERAL WARRANTY DEED 2025 4746 Lender at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property are retained for the benefit ofLender and are transferred to Lender without recourse against Grantor. When the context requires, singular nouns and pronouns include the plural. GENERAL WARRANTY DEED 2025 4746 GRANTOR: R Catherine Yeary Brooks THE STATE COUNTY OF GITRAS This instrument was acknowledged beforé me pn this the 4 day of Catherine Flonavy 2025, by Yeary Brooks. Notafy Public State ofTexas Stamp: RACHEL SHELTONS STUEVER Norary ID +128937766 Expires My CommissionE April17. 2028 GRANIOR: A A Christopher Yeary THE STATE COUNTY OF UPAS This instrument was acknowledged before me on this the 4 day of Fbnany 2025, by Christopher Yeary, RACHELS S-ELTDNS STUEVER Notary' ID BPITTEE Expires My Commisions April 17. 2028 Notafy Publix State of Texas Stamp: Prepared by:. RUAIS LAW, PLLC 8951 Collin McKinney Pky,Ste. 201 McKinney, TX: 75070 GENERAL WARRANTY DEED Property ID: 131717 For Year 62025- RF Property Details Account Property ID: 131717 Geographic ID: 269 0104006 Type: R. Zoning: Property Use: Condo: Location Situs Address: 1389 MCCONNELL RD GUNTER, TX 75058 Map ID: 269 Mapsco: Legal Description: G-0104 BLUNDELL. JOHNA A-G0104, ACRES 12.44 AbstractSubdvision: G-0104 Neighborhood: (N)N N Owner Owner ID: 509746 Name: STRATVESTLLC Agent: Mailing Address: 5999 CUSTER RD: SUITE 110-181 FRISCO. TX 75035 % Ownership: 100.0% Exemptions: Forp privacy reasons not all exemptions are shown online. ax PArl:STRATVESTLIC Ves More Froperz information 104 Property Information J. BLUNDELL Propertyl ID: 131717 LegalAcreage: 12.44 GEOID ID:2690104006 Legal Description: G-0104 BLUNDELLJOHN A-G0104, ACRES 12.44 Tract orl Lot: Abstract Subdivision Code: G-0104 Block: Neighborhood Code: N Schooll District: SGU City Limits: Propertv Location Zoomzo McConnoli Rd a : 0253 WM CAMPBELL I 4 pg. 6 X PAarcak.VAMNICHOISI FAMILYLP INDELL MewN More Properrylnformation) Property Information Property ID: 131712 Legal Acreage: 35.98 GEO ID: 2690104003 Logal Descriptions G-0104 BLUNDELLJOHN AG0104, ACRES:35.98 Tract orl Lot Abstract Subdivision Code: G-0104 Block: Neighborhood Code: School District: SGU City Limits: Propertv Location Zoomto 2ell Rd pg. 7 EXHIBIT B AFFIDAVIT OF RISHABH PARMAR IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GUNTER Before me, the undersigned authority, on this day personally appeared, Rishabh Parmar, who under oath stated as follows: 1. My name is Rishabh Parmar. I am over eighteen (18) years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. As the Mana ger of StratVest LLC, a Texas limited liability companyl am authorized to submit this Petition on its behalf. 3. StratVest LLC, a Texas limited liability company is a property owner in the extraterritorial jurisdiction of the City of Gunter. Its property is located at the following address: 1389 McConnell Rd, Gunter Tx 75058 (the "Property"). 4. There is 1 owner of the Property: StratVest LLC, a Texas limited liability company.. StratVest LLC, a Texas limited liability company owns 100% of the interest in the Property. 5.Iswear that the Propertyi is not: (1) within five miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial. jurisdiction that is located in a county: (a) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (3) within the portion of the extraterritorial. jurisdiction of a municipality with a population of more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S 43.0117, at which an active training program is conducted, and (b)in a county with a population of more than 2 million; (4) in an area designated as an industrial district under Tex. Loc. Gov't Code S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code S 43.0751. 6.Iswear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth; voter registration number; county of voter registration, (4) residence address, and (5) date of whichl signed such petition. 7.Iswear that satisfied the signature requirement of Tex. Loc. Gov't Code S 42.104(b) within 180 days following the date the first signature for the petition was obtained. Rishabh Parmar Sworn and subscribed to before me on this the + day of March, 2025E Notary Public in and for the State of Texas - p - II jau