a 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 17, 2025 6:00 p.m. Pursuant to Chapter 551 oft the Texas Government Code, notice is hereby given of a Regular Meeting of the City Council of the City of Gunter, Texas to be held on April 17, 2025, at 6:00 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 o7 more Counctilmembers 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. If you 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 ofthe 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. CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Councilmember.] A. Consider approval of Minutes from March 20, 2025 City Council Regular Meeting, and April 3, 2025 City Council Regular Meeting. B. Consider approval of the Gunter Police Department Activity Report for March 2025. C. Consider approval of the Gunter Financial Report for March 2025. 2. Director of Parks & Public Services: Street signage timeline Containers and road base improvements approved by Council at the April 3rd council meeting Hunter & Kimberlin repairs related to the ILA with Grayson County Drainage Consultant status 3. Director of Planning & Development Report: Current development overview 4. Mayor 1 Alderman Report: General Notifications, Announcements, Appreciations Fiber TCEQ Texas Ethics Commission Update Lenderman Case Update Bridges Emergency Storm Siren 1145 Stonebridge Pass (burnt house) REGULAR AGENDA 5. General discussion with Mustang Special Utility District (MSUD) regarding infrastructure investment in the City of Gunter. 6. Discuss, consider, and act upon approving a Minor Plat of 11.302 acres of property currently located within the City of Gunter ETJ and partially in the Gunter city limits, situated in the J.A. McKinney Survey, Abstract No. 815 and the J.M. Jennings Survey, Abstract No. 643 in Grayson County, Texas. The property is located on FM 121. (Sutton Addition) 7. Discuss, consider, and act upon approving an MSUD Easement on W. Oak Street for Fraser Capital Development. 8. PUBLIC HEARING Public Comments: To hear public comments regarding amending the Comprehensive Zoning Ordinance and Zoning Map of the City of Gunter, Texas, by granting a change in zoning from M-1 Industrial District to PD Planned Development on approximately 1.66 acres, and to allow for the development to provide an urban-themed collection of businesses that will enhance the downtown Gunter area. The property is located on the corner of West Walnut Street and W FM 121. 9. Discuss, consider, and act upon an Ordinance approving a Zoning change request located in M-1 Manufactuning/ndustna -Light District, to PD Planned Development (C- 2), located in the James Cornell Survey generally on the corner ofs. 4th Street and W. Walnut Street to S. 5th Street. (JSC Holdings) 10. PUBLIC HEARING Public Comments: To hear public comments regarding amending the Comprehensive Zoning Ordinance and Zoning Map ofthe City of Gunter, Texas, by granting a change in zoning from TF - Two Family Residential (Duplex) District to PD Planned Development on approximately 1.5 acres, and to allow for the development to provide eight (8) Two Family units. The property is located at the Northwest corner of West Cedar Street and 7th Street. 11. Discuss, consider, and act upon an Ordinance approving a Zoning change request located in TF-Two Family, to Planned Development PD, located in the Supplemental Addition Pt 72, near College Street and 7th Street. (Justin Duncan - Almega Development) 12. Discuss, consider, and act upon approving an amendment to the BNSF Development Agreement. 13. Discuss, consider, and act upon a Purchase Agreement with Grayson County for $43,430.00, for the sale oft the City of Gunter's s 2010 Nissan patch truck with 2012 Roscoe RA400 spray unit to the county. 14. Discuss, consider, and act upon approving an Interlocal Agreement (ILA) with Grayson County for road improvements for Sharp Road. 15. 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 the Gunter ISD and the City ofGunter for real property. 16. Discuss, consider, and act upon the removal of Cyndy Davis from the Gunter Municipal Development District (GMDD) Place 4. 17. Discuss, consider, and act upon moving the City Councils Regular Meeting from the first Thursday at 5:00 p.m., to the second Tuesday at 6:00 p.m. 18. Discuss, consider, and act upon authorizing CivicPlus to move forward with AudioEye to allow our website to be ADA (American Disability Act) compliance. 19. Discuss, consider, and act upon approving mid-year Budget Amendments for city departments. 20. Discuss, consider, and act upon authorizing staff to move forward with an RFQ (Request for Qualifications) for a Municipal Judge and Municipal Prosecutor. 21. Discuss, consider, and act upon a Petition for Services otherwise provided by Greenbrier Hills Municipal Utility District (MUD) of Grayson County. 22. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 147.89 acres, located on Fallon Road, and received from Heidelberg Materials Southwest Agg LLC, by Chris Hobby, on April 8, 2025. 23. Discussion regarding Legislative Updates with city attorney. 24. COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: A. S 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 of Texas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. Centurian American Developer Agreement B. S 551.074: Consult For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. a. Employee / Department Review RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in Executive Session. 25. Discuss, and take appropriate action on any Executive Session item. ADJOURN I,t ther undersigned authority, dol 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 April 14, 2025, at 6:00 p.m. and remained SO posted continuously for at least seventy-two hours immediately preceding the date of said meeting. Detra Gaines, City Secretary Ifduring 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 attomey as authorized by the Texas Open Meetings Act, Texas Government Code 551.001 et. seq., willl be held by the City Council at the date, hour andj place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attomey 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. 551.072 For thej purpose of discussing the purchase, exchange, lease or value of real property. 551.073 For the purpose of considering a negotiated contract for aj 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, ofsecurity personnel or devices. 551.084 For the purpose of excluding witnesses during examination of another witness. 551.0871 For the purposes of 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 Ty a CITY COUNCIL MEETING GUNERI April 17, 2025 EST.1 1901 6:00 PM AGENDA ITEM #1 CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Councilmember.] A. Consider approval ofl Minutes from March 20, 2025 City Council Regular Meeting, and April 3, 2025 City Council Regular Meeting. B. Consider approval of the Gunter Police Department Activity Report for March 2025. C. Consider approval ofthe Gunter Financial Report for March 2025. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments GUNRERI EST.1901 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 MINUTES Gunter City Council Regular Meeting Thursday, March 20, 2025 6:00 p.m. Meeting Opened. At 6:33 p.m. Members Present: Mayor Karen Souther, Cyndy Davis, Alan Richins, David Self, Wade Burtsfield, Mayor Pro Tem William Stevens Staff Present: Director of Planning & Development. Eric Wilhite, City Secretary Detra Gaines, Assistant To City Secretary. Rosa McCorry, Director of Parks & Public Services Adam. Adams, Police Chief Danny Jones, FD Captain Cameron Kraemer, City. Attorney Courtney Morris Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given ofa a Regular Meeting of the City Council oft the City of Gunter, Texas to be held on March 20, 2025, at 6:00 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 Councilmembers 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 if present, and declare notice is legally posted pursuant to the Open. Meetings Act. During the course oft the meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.) 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 to respond.] 1. CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Council member.] A. Consider approval of Minutes from February 20, 2025 Council Regular Meeting, and March 6, 2025 Council Regular Meeting. B. Consider approval oft the Gunter Police Department Activity Report for February 2025. C. Consider approval of the Gunter Financial Report for February 2025. William Stevens made the motion to approve the Consent Agenda A - C as presented. David Self seconded the motion. Motion passed 5-0 2. Director of] Planning & Development Report: Current development overview 3. Mayor / Alderman Report: General Notifications, Announcements, Appreciations Fiber TCEQ Texas Ethics Commission Update REGULAR AGENDA 4. PUBLIC HEARING Public Comments: To hear public comments regarding the levy of assessments against the assessable property within the Bridges Phase 2A Public Improvement District (PID). Mayor Karen Souther Opened Public Hearing. for discussion at 6:51 p.m. No citizen comments. Mayor Karen Souther Closed. Public Hearing. for discussion at 6:51 p.m. 5. Discuss, consider, and act upon an Ordinance approving a final Service and Assessment Plan and levying special assessments against property within the Bridges Phase 2A Public Improvement District (PID) and establishing a lien on such property and providing for the method of assessment and payments of the assessments, in accordance with Chapter 372 ofthe Texas Local Government Code. David Self made the motion to approve Ordinance #2025-03-20-01 approving afinal Service and Assessment Plan and levying special assessments against property within the Bridges Phase 2A Public Improvement District (PID) and establishing a lien on such property and providing. for the method of assessment and payments ofthe assessments, in accordance with Chapter 372 of the Texas Local Government Code. William, Stevens seconded the motion. Motion passed 5-0 6. Discuss, consider, and act upon an Ordinance approving and authorizing the issuance and sale of the City of Gunter, Texas, Special Assessment Revenue Bonds, Series 2025 (Bridges Phase 2A Public Improvement District Project); approving and authorizing related agreements; and providing an effective date. William, Stevens made the motion to approve Ordinance #2025-03-20-02 approving and authorizing the issuance andsale ofthe City of Gunter, Texas, Special Assessment Revenue Bonds, Series 2025for $6,466,000 (Bridges Phase 2A Public Improvement District Project); approving and authorizing related agreements; and providing an effective date. Cyndy. Davis seconded the motion. Motion passed 5-0 7. Discuss, consider, and act upon a Resolution approving and authorizing the Mayor to execute the Interlocal Cooperative Agreement between the City of Gunter and Mustang Special Utility District relating to the Bridges Phase 2A Public Improvement District (PID) and resolving other related matters. David Self made the motion to approve Resolution #2025-03-20-1 approving and authorizing the Mayor to execute the Interlocal Cooperative. Agreement between the City of Gunter and. Mustang Special Utility District relating to the Bridges Phase 2A Public Improvement District (PID) and resolving other related matters. Cyndy. Davis seconded the motion. Opposed William Stevens. Motion passed 4-1 8. Discuss, consider, and act upon a Resolution of the City Council ofthe City of Gunter, Texas approving a funding agreement with the Gunter Municipal Development District (MDD) by which the District will provide funding for the City's purchase ofreal estate from the Gunter ISD in the amount not to exceed $358,934.00. Cyndy Davis made the motion to approve Resolution #2025-03-20-2 approving a funding agreement with the Gunter Municipal Development District (MDD) by which the District will provide funding. for the City's purchase of real estate from the Gunter ISD in the amount not to exceed $358,934.00. William Stevens seconded the motion. Motion passed 5-0 9. 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 the Gunter ISD and the City of Gunter for real property. No. Action 10. Discuss, consider, and act upon a Resolution approving the winding up and dissolution ofthe Gunter Economic Development Corporation and authorizing and approving the transfer or assignment of all Gunter Economic Development Corporation assets and liabilities to Gunter Municipal Development District. David Self made the motion to approve Resolution #2025-03-20-3 approving the Winding Up and Dissolution of the Gunter Economic Development Corporation and authorizing and approving the transfer or assignment of all Gunter Economic Development Corporation assets and liabilities to Gunter. Municipal Development District. Wade Burtsfield seconded the motion. Abstain - Cyndy Davis. Motion passed 4-1 11.I Discussion regarding the Municipal Development District (MDD) Bylaws. Discussion continued regarding the revisions to the GMDD Bylaws. 12. Discuss, consider, and act upon authorizing staff to review and approve ALL Plats, except Preliminary Plats. No. Action 13. Presentation and discussion regarding a new Developer Agreement with Centurion American for portions of Platinum Ranch and Crooked Cross. Discussion continued regarding a new. Developer. Agreement with Centurion American for portions of Platinum Ranch and Crooked Cross. Citizen comments were made by Sean Terry regarding sewer and water issues. 14. Discussion regarding turn-around signage for commercial trucks. Discussion continued regarding tum-arommdsiguagefor. commercial trucks. 15. Discuss, consider, and act upon prioritizing street reconstruction, maintenance and repairs. Citizen comments were made by Mick Rexrode regarding street maintenance on Hunter Road. David Self made the motion to approve street reconstruction to Hunter Road and Kimberlin Road. Wade Burtsfield seconded the motion. Motion passed 5-0 16. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 101.628 acres, located on Vaughn Road, and received from 9 Star Golden Corridor Land Investment, by Abdul Azeez Shaik, on March 10, 2025. Cyndy Davis made the motion to Deny petition for release from the Extraterritoria Jurisdiction (ETJ)for 101.628 acres, located on Vaughn Road, and received from 9 Star Golden Corridor. Land Investment, by Abdul. Azeez Shaik. Alan Richins seconded the motion. Motion passed 5-0 17. Discussion regarding Legislative Updates with city attorney. Discussion continued regarding Legislative Updates. 18. Discussion regarding Citizen Comments. Discussion continued regarding citizen comments and possible quarterly Townhall meeting. 19. COUNCIL BUSINESS EXECUTIVE SESSION Mayor Karen Souther Opened Executive Session at 9:18 p.m. Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: A. $ 551.071: Consultation with the City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct oft the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. BNSF Litigation B. $ 551.074: Consult For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal ofaj public officer or employee or to hear complaints or charges against a public officer or employee. a. Employee / Department Review C. S 551.072: Consult For the purpose of discussing the purchase, exchange, lease or value of real property. Mayor Karen Souther Closed. Executive Session at 10:04 p.m. RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in Executive Session. 20. Discuss, and take appropriate action on any Executive Session item. NoAction ADJOURN Adjourned. At 10:04 p.m. Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary R GUNERI EST. 1901 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 MINUTES Gunter City Council Regular Meeting Thursday, April 3, 2025 5:00 p.m. Meeting Opened. At 5:02 p.m. Members Present: Mayor Karen Souther, Cyndy Davis, Alan Richins, Mayor Pro Tem William Stevens Members Absent: David Self, Wade Burtsfield Staff Present: City Secretary Detra Gaines, Assistant To City Secretary Rosa McCorry, City Attorney Courtney Morris, Director of Planning & Development Eric Wilhite, Director of Parks & Public, Services Adam Adams Pursuant to Chapter 551 oft the Texas Government Code, notice is hereby given of a Regular Meeting ofthe City Council ofthe City ofGunter, 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 Councilmembers 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 oft 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 if present, and declare notice is legally posted pursuant to the Open. Meetings Act. During the course ofthe meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.) 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. Staffhad the Fox Bend Trace pre-construction meeting last week with an estimated start time ofless than (30) thirty days. b. Staffhad the pre-construction meeting for the Woods driveway transitions last week and the start date for that project is the first week of May. 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. William Stevens made the motion to approve the Municipal Development, District (MDD) Bylaws. Cyndy Davis seconded the motion. Motion passed. 3-0 4. Discuss, consider, and act upon appointing Jessica Dunn to the Gunter Municipal Development District (GMDD) for Place 1. Alan Richins made the motion to appoint Jessica Dunn to the Municipal Development District (GMDD).for Place 1. Cyndy Davis seconded the motion. Motion passed 3-0 5. Discuss, consider, and act upon the removal of Cyndy Davis from the Gunter Municipal Development District Place 4. William Stevens made the motion to Table to the next meeting. Alan Richins seconded the motion. Motion Failed. William Stevens made the motion. for the Purpose of Discussion. Alan Richins seconded the motion. Cyndy Davis made the motion to Table to the next meeting. Alan Richins seconded the motion. Motion passed 2-1. Opposed William Stevens. 6. Discuss, consider, and act upon amending the Interview process for city boards, commissions, and committees. Cyndy Davis made the motion for the Purpose of Discussion. William Stevens seconded the motion. No. Action. 7. Discuss, consider, and act upon amending the Organization Membership to allow members within our ETJ to serve on the Park Board. Cyndy Davis made the motion for the Purpose of Discussion. Alan Richins seconded the motion. No Action. 8. Discuss, consider, and act upon authorizing a Funding Agreement between the City of Gunter and the Gunter Area Chamber of Commerce. William Stevens made the motion. for the Purpose of Discussion. Alan Richins seconded the motion. William Stevens made the motion to authorize the funding agreement between the City of Gunter and the Gunter. Area Chamber of Commerce with provisions to amend section 2.4 (a) 1 and add 5.0 not to exceed $13,500.00. Alan Richins seconded the motion. Motion passed 3-0 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. Alan Richins made the motion to accept the installation of a small covered pavilion to be located adjacent to the playground at the Gunter City Park. Cyndy Davis seconded the motion. Motion passed 3-0 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. Cyndy Davis made the motion to Deny the petition for release from the ETJ for 11.475 acres, located on McConnell Road, and received from Keith Smith. Alan Richins seconded the motion. Motion passed 3-0 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. Cyndy Davis made the motion to Deny the petition for releasee from the ETJfor 12.44 acres, located at 1389 McConnell Road, and received from StratVest, Rishabh Parmar. William Stevens seconded the motion. Motion passed 3-0 ADJOURN ADJOURNED AT 5:54 p.M. Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary GUNTERI POLICE DEPARTMENT MONTHLY REPORT SERVICE 5 CUNTER 2 TEXAS - - EST 1901 5 POLICE - DI POLICE CRE MARCH 2025 Event Activity Analysis by Day Date Reported: 03/01/2025 03/31/2025 GUNTER POLICE DEPARTMENT - 102 NORTH PRESTON ROAD GUNTER, TX 75058 CATETOIE CED 903-433-1717 Classification Sunday Monday Tuesday Wednesday Thursday Friday Saturday Totals ABANDONED 0 U 0 a 1 1 Abandon Vehicle 0 0 a 1 0 1 AGENCY ASSIST 0 2 2 0 2 2 4 12 ASSIST GUNTER FIRE DEPT. 0 0 2 0 1 2 5 Assist Other Agency 0 2 a 0 1 0 2 5 ASSISTED GCSO U 0 . 0 u U 2 2 ALARM 2 0 1 1 0 4 Burglary Alarm 1 0 0 0 0 0 0 1 Business Alarm 1 0 1 2 Residential. Alarm 0 0 1 1 ANIMALI PROBLEM 0 1 1 2 0 4 DOG/CATRUNNING: ATI LARGE 0 a a 0 1 0 1 Livestock U 1 1 1 U 3 CIVILF PROBLEM 0 1 0 3 0 1 0 5 Civil Dispute 0 1 0 0 0 1 0 2 Civil Problem 0 0 3 0 3 DAMAGED PROPERTY 0 1 1 U 0 2 Criminal Mischief 0 1 0 1 0 2 DISTURBANCE 1 0 U 0 U 1 0 2 NOISE COMPLAINT 1 a 1 2 DUI 3 2 0 0 5 Alcohol 3 2 0 0 5 FAMILY DISTURBANCE 0 0 1 1 0 2 Family Disturbance U 0 0 1 a 1 Verbal Argument 0 0 1 0 0 1 FIRE 0 1 0 2 0 a 0 3 ASSISTED GFD a 1 0 1 0 0 2 Vehicle a 0 1 0 1 FRAUD U 1 0 1 Fraud, Swindle U o 1 U 0 1 HAZARDOUS SITUATION U 1 0 U 0 0 1 TRAFFIC HAZARD 0 1 U - 0 1 INFORMATION REPORT a 1 0 1 0 0 0 2 INFORMATION REPORT a 1 U 1 U U 2 JUVENILE PROBLEM 0 0 1 0 0 0 0 1 Juvenile Problem a 0 1 0 0 a 1 MEDICAL 0 1 0 1 0 3 1 6 Ambulance Assist U 0 0 U U 2 0 2 ASSIST GFD U 1 0 1 0 1 1 4 OBSTRUCTJUSTICE a 0 0 0 0 1 1 Violation Of A Court Order 0 0 0 0 0 1 1 ORDINANCE VIOLATION 1 0 0 0 0 0 0 1 Ordinance Violation 1 U 0 0 0 a 1 PORNOGRAPHY 0 0 0 a 1 0 U 1 1/2 Pornography, Other PROPERTY 1 Lost Property 1 1 PUBLIC SERVICE 1 1 1 1 2 4 11 Assist Motorist 1 1 1 2 3 8 Assist Public U 1 1 WELFARE CONCERN 1 1 2 SECURITY CHECK 1 0 1 House Check 1 a 1 SECURITY CHECK 1 0 1 OPEN DOOR 1 1 SUSPICIOUS 1 U 1 1 3 Suspicious Vehicle 1 0 1 3 TRAFFIC. ACCIDENT 0 1 1 2 1 6 Traffic Accident, Injury 0 01 1 1 Traffic A ccident, Private Prop Damg 0 - 1 1 1 1 4 Traffic Accident, Vehicle Damage 0 1 1 TRAFFIC PROBLEM 1 1 2 1 2 4 2 13 Reckless Driver 1 1 2 0 2 3 1 10 Traffic Hazard 0 D 0 0 0 1 1 2 Traffic, Other U 0 0 1 D 0 0 1 Total Events 12 15 12 12 11 15 13 90 Total Citation Violations: 16 22 20 11 16 18 16 119 Total Citations: 23 41 45 19 25 29 24 206 2/2 CITY OF GUNTER BY GRID SH 289/N. 8TH ST. THE WOODS DOLLAR STORE GUNTER HIGH SCHOOL/MIDDLE SCHOOL SONIC N. WEST N. EAST GUNTER CABINETS CITYH HALL FM: 121/WEST MAIN FM 121/EAST MAIN ST. GUNTER ELEMENTARY SCHOOL GUNTER CENTER THE BRIDGES S. WEST S. EAST SH 289/S. 8TH ST. NOT TO SCALE EVENT ACTMITYCHART FOR MARCH 2025 8.9% 7.8% 15.6% S.WEST S.EAST OTHER N.WEST 32.2% N.EAST 4.4% CNTY 31.1% 1/1 EVENT ACTMITY CHART FOR MARCH 2025 35 30 29 28 25 20 15 4 10 8 5 1/1 Arrest Report Date Reported Range: 03/01/2025 03/31/2025 I City: GUNTER GUNTER POLICE DEPARTMENT 5 102 NORTH PRESTON ROAD GUNTER, TX 75058 GTERPOI ICED 903-433-1717 Classification Number of Arrests DUI 5 FAMILY DISTURBANCE 1 OBSTRUCT JUSTICE 1 Total Arrests: 7 1/1 CITATION ACTMITY CHART FOR MARCH 2025 SPEEDING DISREGARDEDNOPASSINGZONE DEFECTIVE HEAD LAMPS IMPEDING TRAFFIC SPEEDINGI INASCHOOL: ZONE NOTALI LAMPS 0.5% DEFECTIVE TAIL LAMPS 0.5% DISPLAYEXPIREDI LICENSE PLATES DRMNGON IMPROVED: SHOULDER 0.5% RANS STOP SIGN 1% FAILED TODRIVE IN: SINGLELANE 2.9% RANI REDI LIGHT 2.4% - VOLATIONOF GRDNACEPARANGNVRO VOLATIONOF CRONANCEDETERORATNGSUBSTANDARD BUILDING B MOLATIONOF ORDINANCE JUNKVEHICLES % THROWSUBSTANCE IN/NEAR! LAKEL LAVONWIPREVCONV % ILLEGAL WINDOWTINT % DRIVER LICENSE! REQUIRED (NODL) % OBSTRUCTING TRAFFIC B DEFECTIVE STOPI LAMPS PARKALONGOPPOSITE STREET EXCAVATION 1.9% 66%, - OPERATIONOF VEHICLEI WTHOUTLICENSE PLATE 1% DROVE WITHOUTLIGHTS WHEN REQUIRED 3.4% FAILED TOSIGNAL TURN 0F MOLATION OF ORDINANCE - HIGH GRASS AND WEEDS 1.5% VOLATION OF ORDINANCE: TRASHAND DEBRIS PARK/STAND WIN30 FT TRAFF CONT DEMCE PARKED FACING TRAFFIC OPERATIONOFI VEHICLEI W/OUT REGISTRATION INSIGNIA FOLLOWING TOOCLOSELY 1/1 CITATION ACTMITYCHART FOR MARCH2025 SPEEDING TTTTTTTETT - - 136 DISREGARDED NOPASSINGZONE 3 DEFECTIVE HEADLAMPS IMPEDING TRAFFIC SPEEDNGINASCHOO ZONE NOTAL LAMPS 2 DEFECTIVE TAIL LAMPS 4 DISPLAYEXPIRED LICENSE PLATES 3! DRIMNGON IMPROVED SHOULDER 2 RAN STOP SIGN FAILED TODRIVE IN: SINGLE LANE RAN RED LIGHT MOLATION OF ORONANCEPARANG IN YARD MOLATION OF CRONANCEDETERORATNGSUBSTANDARD BUILDING VOLATION OF ORDINANCE JUNKVEHICLES HROWSUBSTANCE INNEARLAKELAVONWPREVCONV ILLEGAL WNDOWTINT DRIVERLICENSE REQUIRED (NODL) OBSTRUCTING TRAFFIC DEFECTIVE STOPLAMPS PARKALONGOPPOSIE STREET EXCAVATION OPERATIONOFVEHICLEWTHOUTI LICENSE! PLATE ROEMITAOUTLGTISVEN REQUIRED FAILED TOSIGNAL TURN VOLATION OF ORDINANCE - HIGH GRASS AND WEEDS VOLATION OF ORDINANCE - TRASHAND DEBRIS PARK/STAND WIN 30 FT TRAFF CONT DEMCE PARKED FACING TRAFFIC OPERATION OFVEHICLEWOUT REGISTRATIONI INSIGNIA FOLLOWNG TOO CLO OSELY 20 40 60 80 100 120 140 160 1/1 GUNTER POLICE DEPARTMENT Racial Profiling Totals 102 NORTH! PRESTON ROAD a GUNTER, TX 75058 903-433-1717 ARTOL Category A. Total Statistic Count TOTALSTOPS 185 Category B. Gender Statistic Count FEMALE 59 FEMALE. ALASKA NATIVE/AMERICAN INDIAN 0 FEMALE ASIAN ORI PACIFIC. ISLANDER 4 FEMALE- BLACK 2 FEMALE HISPANIC OR LATINO 9 FEMALE WHITE 44 GENDER UNKNOWN 0 MALE 126 MALE. ALASKA NATIVE/AMERICAN INDIAN 0 MALE- ASIAN ORI PACIFIC: ISLANDER 9 MALE BLACK 14 MALE HISPANIC OR LATINO 26 MALE - WHITE 77 Category C. Race orl Ethnicity Statistic Count ALASKA NATIVE/AMERICAN INDIAN 0 ASIAN OR PACIFIC ISLANDER 13 BLACK 16 HISPANIC OR LATINO 35 WHITE 121 Category D. Was race or ethnicity knowny prior to stop? Statistic Count RACEE KNOWNI PRIOR TOSTOP 0 RACEI NOT KNOWNI PRIOR TO STOP 185 Category E. Reason for Stop Statistic Count MOVING TRAFFIC VIOLATION 170 MOVING TRAFFIC VIOLATION ALASKA 0 NATIVE/AMERICAN INDIAN MOVING TRAFFIC VIOLATION ASIAN OR PACIFIC 13 ISLANDER MOVING TRAFFIC VIOLATION- - BLACK 14 MOVING TRAFFIC: VIOLATION HISPANIC OR: LATINO 30 MOVING TRAFFIC VIOLATION. UNKNOWN 0 Page 1/7 MOVING TRAFFIC VIOLATION - WHITE 113 PRE-EXISTING KNOWLEDGE 0 PRE-EXISTING KNOWLEDGE ALASKA 0 NATIVEAMERICAN INDIAN PRE-EXISTING KNOWLEDGE ASIAN OR PACIFIC 0 ISLANDER PRE-EXISTING KNOWLEDGE : BLACK 0 PRE-EXISTING KNOWLEDGE HISPANICI OR LATINO 0 PRE-EXISTING KNOWLEDGE - UNKNOWN 0 PRE-EXISTING KNOWLEDGE - WHITE 0 VEHICLE TRAFFIC VIOLATION 15 VEHICLE TRAFFIC VIOLATION - ALASKA 0 NATIVEAMERICAN: INDIAN VEHICLE TRAFFIC VIOLATION - ASIAN OR PACIFIC 0 ISLANDER VEHICLE TRAFFIC VIOLATION - BLACK 2 VEHICLE TRAFFIC VIOLATION - HISPANIC OR LATINO 5 VEHICLE TRAFFIC VIOLATION - UNKNOWN 0 VEHICLE' TRAFFIC VIOLATION - WHITE 8 VIOLATION OF THEI LAW 0 VIOLATION OF THE LAW - ALASKA NATIVE/AMERICAN 0 INDIAN VIOLATION OF THE LAW - ASIAN OR PACIFIC 0 ISLANDER VIOLATION OF THE LAW. - BLACK 0 VIOLATION OF THE LAW -) HISPANIC OR LATINO 0 VIOLATION OF THEI LAW - UNKNOWN 0 VIOLATION OF THE LAW - WHITE 0 Category F. Approximate Location of Stop Statistic Count CITY STREET 21 COUNTY ROAD 1 PRIVATE. PROPERTY OR OTHER 0 STATE1 HIGHWAY 163 US HIGHWAY 0 Category G. Was a search conducted? Statistic Count SEARCH CONDUCTED 3 SEARCH CONDUCTED ALASKA NATIVE/AMERICAN 0 INDIAN SEARCH CONDUCTED ASIAN ORJ PACIFIC ISLANDER 0 SEARCH CONDUCTED BLACK 1 SEARCH CONDUCTED HISPANIC OR LATINO 0 SEARCH CONDUCTED - UNKNOWN 0 SEARCH CONDUCTED WHITE 2 SEARCH NOT CONDUCTED 182 SEARCH NOT CONDUCTED ALASKA 0 NATIVE/AMERICANI INDIAN SEARCH NOT CONDUCTED ASIAN OR PACIFIC 13 ISLANDER SEARCHI NOT CONDUCTED - BLACK 15 SEARCH NOT CONDUCTED - HISPANIC ORI LATINO 35 Page 2/7 SEARCH NOT CONDUCTED - UNKNOWN 0 SEARCH NOT CONDUCTED - WHITE 119 Category H. Reason for Search Statistic Count CONSENT 1 CONSENT ALASKA NATIVE/AMERICAN INDIAN 0 CONSENT ASIAN OR PACIFIC ISLANDER 0 CONSENT - BLACK 0 CONSENT HISPANIC OR LATINO 0 CONSENT UNKNOWN 0 CONSENT WHITE 1 CONTRABANDEVIDENCE INI PLAIN SIGHT 0 CONTRABANDEVDENCE INI PLAIN SIGHT ALASKA 0 NATIVEAMERICANI INDIAN CONTRAEANDEVDENCE IN. PLAIN SIGHT ASIAN OR 0 PACIFIC: ISLANDER CONTRABANDEVIDIENCE INI PLAIN SIGHT BLACK 0 CONTRABANDEVIDENCE IN PLAIN SIGHT HISPANIC 0 OR LATINO CONTRABANDEVIDENCE INI PLAIN SIGHT UNKNOWN 0 CONTRABANDEVDENCE INI PLAIN: SIGHT WHITE 0 INCIDENT TO ARREST 0 INCIDENT TO ARREST ALASKA NATIVE/AMERICAN 0 INDIAN INCIDENT TO. ARREST ASIAN OR PACIFIC ISLANDER 0 INCIDENT TO. ARREST BLACK 0 INCIDENT TO. ARREST - HISPANIC OR LATINO 0 INCIDENT TO ARREST - UNKNOWN 0 INCIDENT TO. ARREST WHITE 0 INVENTORY SEARCH PERFORMED. AS A RESULT OF 0 TOWING INVENTORY SEARCHI PERFORMED AS A RESULT OF 0 TOWING ALASKA NATIVEAMERICANI INDIAN INVENTORY: SEARCHI PERFORMED AS A RESULT OF 0 TOWING ASIAN OR PACIFIC ISLANDER INVENTORY: SEARCHI PERFORMED AS. A RESULT OF 0 TOWING - BLACK INVENTORY: SEARCH PERFORMED AS A RESULT OF 0 TOWING - HISPANIC OR LATINO INVENTORY: SEARCH PERFORMED AS. A RESULT OF 0 TOWING UNKNOWN INVENTORY: SEARCH PERFORMED AS A RESULT OF 0 TOWING - WHITE PROBABLE CAUSE OR REASONABLE SUSPICION 2 PROBABLE CAUSE OR REASONABLE SUSPICION. - 0 ALASKA NATIVE/AMERICANI INDIAN PROBABLE CAUSE OR REASONABLE SUSPICION. - 0 ASIAN OR PACIFIC ISLANDER PROBABLE CAUSE OR REASONABLE SUSPICION - 1 BLACK PROBABLE CAUSE OR REASONABLE SUSPICION - 0 HISPANIC ORI LATINO PROBABLE CAUSE OR REASONABLE SUSPICION - 0 UNKNOWN Page 3/7 PROBABLE CAUSE OR REASONABLE SUSPICION. - I WHITE Category I. Was contraband discovered? Statistic Count CONTRABAND DISCOVERED 2 CONTRABAND DISCOVERED ALASKA 0 NATIVE/AMERICAN INDIAN CONTRABAND DISCOVERED - ALASKA 0 NATIVE/AMERICAN INDIAN - ARRESTED CONTRABAND DISCOVERED ALASKA 0 NATIVEAMERICANI INDIAN. - NOT ARRESTED CONTRABAND DISCOVERED ASIAN OR PACIFIC 0 ISLANDER CONTRABAND DISCOVERED ASIAN OR PACIFIC 0 ISLANDER. - ARRESTED CONTRABAND DISCOVERED ASIAN OR PACIFIC 0 ISLANDER. NOT ARRESTED CONTRABAND DISCOVERED BLACK I CONTRABAND DISCOVERED - BLACK ARRESTED 0 CONTRABAND DISCOVERED - BLACK NOT ARRESTED 1 CONTRABAND DISCOVERED - HISPANIC OR LATINO 0 CONTRABAND DISCOVERED HISPANIC ORI LATINO - 0 ARRESTED CONTRABAND DISCOVERED HISPANIC OR LATINO - 0 NOT ARRESTED CONTRABAND DISCOVERED UNKNOWN 0 CONTRABAND DISCOVERED UNKNOWN. ARRESTED 0 CONTRABAND DISCOVERED UNKNOWN - NOT 0 ARRESTED CONTRABAND DISCOVERED WHITE 1 CONTRABAND DISCOVERED WHITE ARRESTED 0 CONTRABAND DISCOVERED WHITE NOT ARRESTED 1 CONTRABAND NOT DISCOVERED 1 CONTRABAND: NOTI DISCOVERED ALASKA 0 NATIVEAMERICANT INDIAN CONTRABAND NOTI DISCOVERED ASIAN ORI PACIFIC 0 ISLANDER CONTRABAND NOT DISCOVERED: - BLACK 0 CONTRABAND NOT DISCOVERED - HISPANIC OR 0 LATINO CONTRABAND NOT DISCOVERED: - UNKNOWN 0 CONTRABAND NOT DISCOVERED - WHITE 1 Category J.1 Description of Contraband Statistic Count ALCOHOL I ALCOHOL- ALASKA NATIVEAMERICAN INDIAN 0 ALCOHOL ASIAN ORI PACIFIC ISLANDER 0 ALCOHOL BLACK 0 ALCOHOL HISPANIC OR LATINO 0 ALCOHOL- UNKNOWN 0 ALCOHOL- WHITE I CURRENCY 0 CURRENCY. ALASKA! NATIVEAMERICAN INDIAN 0 Page 417 CURRENCY ASIAN OR PACIFIC ISLANDER 0 CURRENCY - BLACK 0 CURRENCY - HISPANIC OR LATINO 0 CURRENCY UNKNOWN 0 CURRENCY WHITE 0 DRUGS 1 DRUGS - ALASKAI NATIVEAMERICAN. INDIAN 0 DRUGS - ASIAN OR PACIFIC! ISLANDER 0 DRUGS - BLACK 1 DRUGS - HISPANIC OR LATINO 0 DRUGS - UNKNOWN 0 DRUGS WHITE 0 OTHER 0 OTHER - ALASKA: NATIVE/AMERICAN INDIAN 0 OTHER - ASIAN ORI PACIFIC! ISLANDER 0 OTHER - BLACK 0 OTHER - HISPANIC OR LATINO 0 OTHER - UNKNOWN 0 OTHER - WHITE 0 STOLEN PROPERTY 0 STOLEN PROPERTY ALASKA NATIVE/AMERICAN 0 INDIAN STOLEN PROPERTY - ASIAN OR PACIFIC ISLANDER 0 STOLEN PROPERTY - BLACK 0 STOLEN PROPERTY - HISPANIC OR LATINO 0 STOLEN PROPERTY - UNKNOWN 0 STOLEN PROPERTY WHITE 0 WEAPONS 0 WEAPONS - ALASKA NATIVE/AMERICAN INDIAN 0 WEAPONS - ASIAN OR PACIFIC ISLANDER 0 WEAPONS - BLACK 0 WEAPONS - HISPANIC OR LATINO 0 WEAPONS UNKNOWN 0 WEAPONS - WHITE 0 Category K. Result ofthe Stop Statistic Count ARREST 0 ARREST ALASKAI NATIVEAMERICAN INDIAN 0 ARREST ASIAN OR PACIFIC! ISLANDER 0 ARREST - BLACK 0 ARREST - HISPANIC OR LATINO 0 ARREST UNKNOWN 0 ARREST- - WHITE 0 CITATION 101 CITATION - ALASKA NATIVE/AMERICAN INDIAN 0 CITATION ASIAN OR PACIFIC! ISLANDER 7 CITATION - BLACK 10 CITATION - HISPANIC OR LATINO 26 CITATION - UNKNOWN 0 CITATION - WHITE 58 CITATION. AND ARREST 0 Page 5/7 CITATION. AND. ARREST ALASKA NATIVE/AMERICAN 0 INDIAN CITATION. AND ARREST ASIAN OR PACIFICI ISLANDER 0 CITATION. AND ARREST - BLACK 0 CITATION. AND. ARREST - HISPANIC OR LATINO 0 CITATION. AND ARREST - UNKNOWN 0 CITATION. AND. ARREST - WHITE 0 INVESTIGATORY STOP 0 INVESTIGATORY STOP ALASKA NATIVEAMERICAN 0 INDIAN INVESTIGATORY STOP ASIAN OR PACIFIC ISLANDER 0 INVESTIGATORY: STOP BLACK 0 INVESTIGATORY STOP HISPANIC OR LATINO 0 INVESTIGATORY STOP. UNKNOWN 0 INVESTIGATORY STOP WHITE 0 VERBAL WARNING 19 VERBAL WARNING ALASKA NATIVE/AMERICAN 0 INDIAN VERBAL WARNING ASIAN OR PACIFIC: ISLANDER 0 VERBAL WARNING BLACK 1 VERBAL WARNING HISPANIC ORI LATINO 4 VERBAL WARNING UNKNOWN 0 VERBAL WARNING WHITE 14 WRITTEN WARNING 65 WRITTEN WARNING ALASKA NATIVE/AMERICAN 0 INDIAN WRITTEN WARNING ASIAN ORI PACIFIC ISLANDER 6 WRITTEN WARNING BLACK 5 WRITTEN WARNING HISPANIC OR LATINO 5 WRITTEN' WARNING UNKNOWN 0 WRITTEN' WARNING WHITE 49 WRITTEN WARNING. AND. ARREST 0 WRITTEN' WARNING. AND. ARREST ALASKA 0 NATIVE/AMERICAN INDIAN WRITTEN' WARNING. AND ARREST ASIAN OR PACIFIC 0 ISLANDER WRITTEN' WARNING. AND. ARREST - BLACK 0 WRITTEN' WARNING. AND ARREST HISPANIC OR 0 LATINO WRITTEN' WARNING. AND ARREST UNKNOWN 0 WRITTEN' WARNING. AND ARREST- WHITE 0 Category L. Arrest Based On Statistic Count CITY ORDINANCE VIOLATION 0 CITY ORDINANCE VIOLATION. ALASKA 0 NATIVEIAMERICANI INDIAN CITY ORDINANCE VIOLATION. ASIAN ORI PACIFIC 0 ISLANDER CITY ORDINANCE VIOLATION- BLACK 0 CITY ORDINANCE VIOLATION. HISPANIC OR LATINO 0 CITY ORDINANCE VIOLATION. UNKNOWN 0 CITY ORDINANCE VIOLATION. - WHITE 0 OUTSTANDING WARRANT 0 Page 617 OUTSTANDING WARRANT- ALASKA 0 NATIVEAMERICAN INDIAN OUTSTANDING WARRANT- ASIAN OR PACIFIC 0 ISLANDER OUTSTANDING WARRANT BLACK 0 OUTSTANDING WARRANT HISPANIC ORI LATINO 0 OUTSTANDING WARRANT UNKNOWN 0 OUTSTANDING WARRANT WHITE 0 PENAL CODE' VIOLATION 1 PENAL CODE' VIOLATION. ALASKA 0 NATIVEAMERICANI INDIAN PENAL CODE VIOLATION- ASIAN ORI PACIFIC 0 ISLANDER PENAL CODE VIOLATION - BLACK 0 PENAL CODE VIOLATION. - HISPANIC OR LATINO 0 PENAL CODE VIOLATION- UNKNOWN 0 PENAL CODE VIOLATION WHITE 1 TRAFFICI LAW VIOLATION 0 TRAFFIC LAW VIOLATION- ALASKA 0 NATIVEAMERICANT INDIAN TRAFFICI LAW VIOLATION- ASIAN ORI PACIFIC 0 ISLANDER TRAFFICI LAW VIOLATION. BLACK 0 TRAFFIC LAW VIOLATION. HISPANIC OR LATINO 0 TRAFFIC LAW VIOLATION. - UNKNOWN 0 TRAFFIC! LAW VIOLATION. - WHITE 0 Category Physical Force resultingi in bodily injury Statistic Count FORCE1 NOT USED 185 FORCE NOT USED ALASKA NATIVE/AMERICAN 0 INDIAN FORCET NOT USED ASIAN ORI PACIFIC ISLANDER 13 FORCEI NOT USED BLACK 16 FORCEI NOT USED - HISPANIC OR LATINO 35 FORCE1 NOT USED - UNKNOWN 0 FORCEI NOT USED - WHITE 121 FORCE USED 0 FORCE USED. ALASKA NATIVE/AMERICAN INDIAN 0 FORCE USED ASIAN OR PACIFIC ISLANDER 0 FORCET USED BLACK 0 FORCET USED HISPANIC ORI LATINO 0 FORCEI USED UNKNOWN 0 FORCET USED WHITE 0 Page 717 2 5 CO E B B a 5 6 6 3 N E CTIY OR CITY COUNCIL MEETING GUNMERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #2 Director of Parks & Public Services: Street signage timeline Containers and road base improvements approved by Council at the April 3rd council meeting Hunter & Kimberlin repairs related to the ILA with Grayson County Drainage Consultant status AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Adam Adams, Director of Parks & Public Services FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E CITYZ 49 o CITY COUNCIL MEETING GUNMAEI RI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #3 Director of Planning & Development Report: Current development overview AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Eric Wilhite, Director of Planning & Development FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments - TTYL 1 ( O1 CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #4 Mayor / Alderman Report: General Notifications, Announcements, Appreciations Fiber TCEQ Texas Ethics Commission Update Lenderman Case Update Bridges Emergency Storm Siren 1145 Stonebridge Pass (burnt house) AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E TY O CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #5 General discussion with Mustang Special Utility District (MSUD) regarding infrastructure investment in the City of Gunter. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Ken Boyd, General Manager of Mustang SUD Eric Wilhite, Director of Planning & Development FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments B TTY - O CITY COUNCIL MEETING GUNAERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #6 Discuss, consider, and act upon approving a Minor Plat of 11.302 acres of property currently located within the City of Gunter ETJ and partially in the Gunter city limits, situated in the J.A. McKinney Survey, Abstract No. 815 and the J.M. Jennings Survey, Abstract No. 643 in Grayson County, Texas. The property is located on FM 121. (Sutton Addition) AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Eric Wilhite, Director of Planning & Development FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a STAFF REPORT TO THE CITY COUNCIL TIYL O DEPARTMENT OF PLANNING AND DEVELOPMENT GUNERI Case Type = Minor Plat EST. 1901 Hearing Date: April 17, 2025 Project DescriptionLocation Minor Plat Submittal for Lot 1, Block A Sutton Addition, being 11.302 acres in the J.A. Mckinney Survey, Abstract No. 815 and in the J.M. Jennings Survey Abstract No. 643 in the City of Gunter EJT. Location Map 4 FM121 OLD TIOGA ROAD SITE LITTLE ELM CREEK ROAD STIFF CHAPEL ROAD Staff Analysis: KFM Engineering & Design has submitted a minor plat of 11.302 acres of property that is currently located within the City of Gunter ETJ and partially in Gunter City Limits, situated in the J.A Mckinney Survey, Abstract No. 815 and in the J.M Jennings Survey, Abstract No. 643 in Grayson County, Texas. The property is located on FM 121. Staff Recommendation: Staff recommends APPROVAL of the MINOR PLAT OF Sutton Addition. Suggested Motion: Move to APPROVE Minor Plat as presented. ATTACHMENT A MINOR PLAT * * E E - E I - E - 14 - E1 E T - t L 41 : I : E f 35 : : € 4 e +I7 : - I - I : R - E * : 13 En - a 6 * a E 5 9 5 : a - 6 aE a E E 5 - * & - 3 E A - E - E t E - : 1 + - 7 a B I a : € - : 5 & e e 5 > Ep 3 ATTACHMENT B SITE LOCATION a 9 100 66 9082 CY 005 W 23548 KoHS 850N3 405 SN 9083 4A n 3490 1662 D 9WW 9189 500F E ITYY O CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #7 Discuss, consider, and act upon approving an MSUD Easement on W. Oak Street for Fraser Capital Development. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Eric Wilhite, Director of Planning & Development FINANCIAL IMPACT: N/A LEGAL: REVIEW: N/A ATTACHMENTS: See Attachments Mustang Special Utility District 7985 FM 2931 Aubrey, TX 76227 EASEMENT AND RIGHT-OF-WAY (Including Temporary Easement for Construction) STATE OF TEXAS S 3 KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That the City of Gunter, Texas ("Grantor"), for and in consideration of TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration paid to Grantor by Mustang Special Utility District ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto Grantee, it successors and assigns, a ten foot (10) permanent easement and right-of-way (the "Easement") to erect, construct, install, and lay and thereafter access and use, operate, inspect, repair, alter, protect, maintain, replace, upgrade, parallel, add sewer lines & service lines (the pipelines) and appurtenances, and any other facilities necessary to serve Grantor's property as well as Grantee's current and future system-wide customers, (collectively, the 'Improvements") under and across acres ofland, more particularly depicted and described in Exhibit A attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). Grantor also grants and conveys unto Grantee a twenty foot (20) wide temporary construction easement, parallel to and twenty-five feet (25') on either side of the Easement Property for use in connection with the initial installation of the Improvements by Grantee, within the Easement Property and for the storage ofe excavation material resulting from such construction (the "Temporary Construction Easement"). The Temporary Construction Easement will expire upon completion of construction and acceptance of the Improvements by Grantee, but in no event later than December 30, 2026. Grantee shall have such other rights and benefits necessary and/or convenient for the full enjoyment and use of the rights herein granted, including without limitation: the reasonable right from time-to-time to remove any and all paving, trees and undergrowth, and other obstructions that injure the Improvements. Granter, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder conflict or interfere with the exercise of Grantee's rights hereunder and no building, structure or reservoir shall be constructed upon, over or across the Easement Property without Grantee's written consent; provided further that Grantor, its successors and assigns, may construct, dedicate and maintain over and across the Easement Property such driveways, aerial utility lines and fences as will not interfere with Revised November 27.2023 Appendix AFonn. A-01. Page6of12 MustangSUD Grantee's use ofthe Easement for the permitted purposes. The installation ofs subsurface utility lines across the Easement are subject to Mustang's prior written consent. Grantee shall clean up and remove all trash and debris caused by the installation of the Improvements hereunder or Grantee's use ofthe Easement Property, and shall repair all damages caused by the installation ofthe Improvement or Grantee's use ofthe Easement Property within a reasonable time not to exceed forty-five (45) days following completion and acceptance of the Improvements by Grantee. Grantee shall also restore the surface of the land to a smooth contour following said installation or use ofthe Easement Property, including the restoration ofexisting top soil or removal of soils created during construction by Grantee within a reasonable time not to exceed forty-five (45) days completion and acceptance of the Improvements by Grantee. During construction, Grantee shall install such fences, barricades or safety barriers as may be reasonably required toj protect the public, livestock oradjacent property. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the Improvements referred to herein, and Grantee will maintain the Easement Property in a state of good repair and efficiency SO that no damages will result from its use to Grantor's premises. This agreement together with other provisions of this grant shall be perpetual and shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns. Grantee's rights hereunder may be assigned in whole or in part to one or more assignees. TO HAVE. AND TO HOLD the Easement and rights appurtenant thereto unto Grantee, its successors and assigns, until the Improvements are declared permanently abandoned by Grantee, in which event the Easement Property and rights appurtenant thereto shall cease and terminate and revert to Grantor. Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the Easement and rights appurtenant thereto herein granted to Grantee, or Grantee's successors and assigns, against every person whomsoever claiming, or to claim, the same or any part thereof. Iti is expressly understood that all rights, conveyances, or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of conveyance. When the context requires, singular nouns and pronouns include the plural. EXECUTED this day of 2022. GRANTOR: By: Name: Title: Date: Revised November 27,2023 Appendix AFonn A-01, Page7of12 Mustang SUD THE STATE OF TEXAS S COUNTY OF S This instrument was acknowledged before on 2022, by the of on behalfo ofand with authority ofsaid entity. Notary Public, State ofTexas RevisedNovember 27,2023 Appendix AF Form A-01,Page8 of 12 Mustang SUD EXHIBIT 'A' SANITARY SEWER EASEMENT LEGAL DESCRIPTION BEING, a tract of land situoted in the James Cornell Survey, Abstract No. 217, Town of Gunter, an addition to the City of Gunter, os recorded in Vol. 142, being in part the of Plot Original Records of Grayson County, Texos, being more particulorly described as follows: Pg. 56, BEGINNING, at a 1/2 inch iron rod found at the southwest corner of Lots 1R, 4R an oddition to the City of Gunter, as recorded in Doc. No. 2024-164 in said 2R, Plat 3R, Records & and 5R Block 10, the east line of Third Street (60'R R.O.W.) being THENCE, South 77° 26'31" East, along the south line of said Lots 1R, 2R, 3R, 4R & 200.00 feet, passing a 1/2 inch iron rod found ot the southeost corner of soid Lots 5R Block 10, at 5R Block 10, and continuing for a totald distonce of 350.00 feet, to a 1/2 inch iron rod 1R, found 2R, 3R, 4R the & southeast corner of Lot 14 Block 10 out of said Original Town of Gunter and in west at line Fourth Street (100' R.O.W.): being the of THENCE, South 12° 26'47" West, along the west line of said Fourth Street, for a to a colçulated point for corner being ot the northeast corner of Lot 15 Block 10 distonce out of soid 10.00 feet, Town of Gunter said point in the south line of a 10' alley; of Original THENCE, North 77°.26'31" West, along the south line of said 10" alley, for a distance of to a colculoted point for corner at the northwest corner of Lot 28 Block 10 out of said 350.02 feet, Gunter and being the intersection of said 10' alley and eost line of soid Third Street: Original Town of THENCE, North 12 33'29" Eost, for a distance of 10.00 feet, to the POINT OF BEGINNING 0.080 acres of land. and containing a k F C 02 P WARREN L. CORWIN P) 4621 % y PF E: S ) 0 NOTES: a SURVE A Bearings gre reterenced to a replat of OId Town of Gunter, OS recorded in Doc. No. 2024-164, in the Plot Records of Groyson A DRAWING OF EVEN DATE County, Texos. ACCOMPANIES THIS DESCRIPTION. SHEET 2 OF 2 ÇORWIN ENGINEERING, INC. GUNTER OAK STREET JAMES CORNELL SURVEY. ABSTRACT 200 W. Belmont, Suite E Allen, Texos 75013 (972) 396-1200 CITY OF GUNTER NO. 217 TBEPLS- 10031700 GRAYSON COUNTY. TEXAS A P. a - N 0 5 - 4 4 9 2 s THIRD (60 STREET R.O.W.) N 5 a a 0 3 - 2 3 1 C 6 N N , f 6 9 a 5 5 a o la 4 : la R3 a a E S S E S FOURTH 3 STREET (100 R.O.W.s E yOn CITY COUNCIL MEETING GUNGERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #8 PUBLIC HEARING Public Comments: To hear public comments regarding amending the Comprehensive Zoning Ordinance and Zoning Map ofthe City of Gunter, Texas, by granting a change in zoning from M-1 Industrial District to PD Planned Development on approximately 1.66 acres, and to allow for the development to provide an urban-themed collection of businesses that will enhance the downtown Gunter area. The property is located on the corner of West Walnut Street and W FM 121. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Eric Wilhite, Director of Planning & Development FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission oft the City of Gunter, Texas will conduct a public hearing on April 10,2025 at 6 p.m. and the City Council will conduct a second public hearing on April 17, 2025 at 6 p.m. at 105 N 4th Street Gunter, Texas 75058, to consider ai request to amend the Comprehensive Zoning Ordinance and Zoning Map oft the City of Gunter, Texas, by granting a change in zoning from M-1 Industrial District to PD Planned Development on approximately 1.66 acres, and to allow for the development to provide an urban-themed collection of businesses that will enhance the downtown Gunter area. Following the concepts ofthe Gunter Downtown Master Plan. This project will be located on the corner of West Walnut, and W FM 121. Those wishing to speak FOR or AGAINST the above item are invited to attend. Ifyou are unable to attend and have comments you may send them to City of Gunter, Attention: City Secretary, Gunter, Texas 75058, email chnssrmr@cicumterisus and it will be presented at the Hearing. Ifyou have any questions about the above hearing you may contact cricailhieQcimumeis.s: CITY COUNCIL MEETING E April 17, 2025 yo 6:00 PM GUNGERI EST. 1901 AGENDA ITEM # 9 Discuss, consider, and act upon an Ordinance approving a Zoning change request located in M- 1 Manufacturinglindustrna -Light District, to PD Planned Development (C-2), located in the James Cornell Survey generally on the corner of S. 4th Street and W. Walnut Street to S. 5th Street. (JSC Holdings) SUBMITTED BY: John Carter of JSC Holdings LLC AGENDA ITEM SUMMARY/BACKGROUND The applicant is requesting consideration of a Planned Development (PD) with C-2 Commercial Uses to construct an "downtown" style development that could include a mix uses. The concept PD site plan establishes basic design guidelines for the site development and the relationship to the streetscape. It is intended that the street and front sidewalks will be part of the development and that on-street parking will be utilized to meet parking needs, as is typical in urban downtown design concepts. The three tracts are currently zoned M-1, Manufacturinglindustra -Light District. All the newer developments that have occurred are not M-1 in nature. The proposed zoning is PD, Planned Development with an underlying zoning classification of C-2, General Commercial District will allow for a variety of potential land uses and tenants, following Section 25 Use of Land and Buildings. The proposed uses include restaurant, retail, office, and other service uses. Currently while W. Walnut Street, street right-of-way exist, the pavement was never constsructed. So portions of W. Walnut Street and a fire lane, as indicated on the PD concept site plan will be constructed with the first phase of development. The PD site plan is concept and is a framework for the development plans that will be further refined during civil site development plans. General Purpose and Description of the PD- Planned Development District is to promote stable, quality commercial development. The district development standards are established on the PD concept plan exhibits. Generally the front building setbacks are zero and will vary depending on final site layout with sidewalks, streets and face of building. PUBLIC NOTICE: Notices mailed to property owners within 200 feet of the subject property and notice were published in the newspaper. RECOMMENDATION: The Planning and Zoning Commission recommended approval of the proposed PD Concept Plan. ATTACHMENTS: PD Site Plan Zoning Exhibits. Draft Zoning Ordinance EXHIBIT B GUNTER SQUARE Planned Development Three Commercial Tracts - Total Area: 1.66 acres LOCATION: Gunter Square will consist of three tracts of land south of FM 121 (W. Main Street) within the Gunter city limits: GUNTER SQUARE PLANNED DEVELOPMENT Tract No. Grayson County ID No. Address Acreage Survey Tract 1 151903 415 W. Main Street 0.33 OTP Gunter, Block 32, Lots 4-7 Tract 2 151909 402 W. Walnut Street 0.33 OTP Gunter, Block 32, Lots 18-21 Tract 3 455603 204 S. 4th Street 1.00 Gunter Square Addition, Lot 1R 1.66 LOCATION MAP W. MAINS STREET 361054 TRACT 1 151905 151900 € TRACT2 W. WANUTS 15191 STREET TRACT3 a 151918 Gunter Square Planned Development Concept and Regulations page 1 CONFORMANCE WITH GUNTER'S DOWNTOWN MASTER PLAN: DOWNTOWN CORE The Downtown Core area à is the heart of Downtown with City Hall and lively public spaces Gunter Square is located within the Downtown Core" area as described in the Downtown Master Plan. This area is located between Oak Street and Elm Street, and between 3rd Street and 6th Street. The "character" of the Downtown Core emphasizes historic structures and vintage Texas culture with many areas ripe for development that promote public spaces, entertainment, and civic pride. The Downtown Master Plan calls for several architectural and design features in this area: 1. Awnings and Other Shade 2. Water Amenities (e.g. fountains) 3. Enhanced Alleys 4. Painted Signs and Murals 5. Maximum Three-Story Buildings. The Gunter Square Concept Plan includes many of the features listed above. The proposed buildings facing Main Street, 4th Street, and the south side of Walnut Street shall include the "build-to" concept. Thati is, either the building itself or the associated outdoor eating area shall be immediately adjacent to the property line or sidewalk placement. The sidewalks along the east side of 4th Street and the south side of Walnut Street shall be a minimum of ten feet wide to accommodate street trees (in wells within the sidewalk) and pedestrian travel (illustrated to the right). It is the intention of the developer to incorporate many of the vital components that make downtowns great and reflect the Downtown Master Plan's Vision Statement (next page). Examples of compliance are: 1. Provide continuity of design throughout the three tracts. 2. Create a "public place" that can be enjoyed by residents and visitors alike. 3. Use street calming methods to make the area more pedestrian friendly. Gunter Square Planned Development Concept and Regulations page 2 4. Create a unified architectural look that will reflect the history of Gunter and Texas while bringing innovative designs. 5. Design new buildings with "build-to" facades that augment the 'downtown" feeling. 6. Provide parking on the street rather than on the subject property since the right-of-way, especially on 4th Street, which is designed as a two-lane Type A street does not utilize the 100 foot right-of-way. 7. Promote the location of sidewalks encroaching into the right-of-way at intersections to provide traffic calming and ease of pedestrian movement. 8. Use landscaping to create a more welcoming sidewalk experience and also adjacent to outdoor seating. 9. Provide open space for multiple uses (e.g kid's games, picnics, passive recreation). 10. Link all uses together with pedestrian pathways that are attractive and unique. DOWNTOWN VISION The large tract south of Walnut Street is not only the STATEMENT site of three buildings that will be developed as restaurants or retail uses, but is also designed as a Downtown Gunter will be a unique gathering place for the community. The outdoor space destination in North Texas that blends the preservation andrestoration ofhistory and is achieved through off-site, on-street parking. This urdltraditionswith moderno amenities, space will include a small pavilion for music, a grove of housing, shopping, dining, entertainment, trees that will provide a respite from the heat of and conveniences. Downtown Gunter's summer, a children's play area, and wide small-town feel will be reflected in itssafe, pathways walkable, bikeable, friendly, and enjoyable throughout to link the various components together, setting which promises tostayvintage, similar to Klyde Warren Park in Dallas. vibrant, and charming. According to the Downtown Master Plan, Type "A" Streets should be constructed in this area. This type of street should be pedestrian-oriented with a "Main Street" feel (described as including a continuous blockface), with a zero to ten foot "build-to" front façade locations. Further, intersections within this area should use special design considerations, such as unique paving, traffic calming methods, and roundabouts. The sidewalks shall extend into the intersections at the southeast corner of 4th and Walnut Streets and the southwest corner of 5th and Walnut Streets, to provide enhanced pedestrian walkways crossing the intersections. In addition, a mid-block pedestrian crosswalk will be provided on Walnut Street to unify the buildings north of Walnut with those on the south side of Walnut. Parallel parking shall be provided on the north side of Walnut Street and on the south side of Main Street. The Gunter Thoroughfare Plan and the Downtown Master Plan both call for 4th and Walnut Streets to be two-lane streets. The on-street, head-in parking concept utilizes the rights-of-way along 4th Street (100 feet in width) and along Walnut Street (60 feet in width) to maximize the space, reduce speeds on these roadways, and generate greater pedestrian usage for space that would otherwise not be fully functioning. ARCHITECTURE: Gunter Square is proposed to be developed as a start of an urban-themed collection of businesses that will enhance the downtown Gunter area. Following the concepts of the Gunter Downtown Master Plan, this Planned Development addresses several components shown to be of critical importance: maintaining and improving the aesthetics of downtown and encouraging new business development. Tract 1 and Tract 2 will have buildings that house office or light retail. Tract 3 is planned Gunter Square Planned Development Concept and Regulations page 3 fori three buildingsincluding at least one restaurant and a combination of retail/office spaces. In addition, a pedestrian walkway will connect the businesses with wide paved gathering areas. The entire area will be designed around the concept of "Urban Prairie" which incorporates native stone materials with clean, white brick facades (see examples, below). - - - HEseBpatift BROOM Wacon COFFEE 6 d Gunter Square Planned Development Concept and Regulations page 4 SIGNAGE: Accents and signage for the buildings will be black wrought iron or similar crisp finishes (examples below). RoUN - Houg 3 BAE 318 WILLOWDRIVE OLD WEST IRON Est.2011 US METE ENTERTAINMENT CENTER: Tract 3 will house at least one restaurant with a covered patio that faces the stage and the open space. This restaurant is likely to be a gathering place in addition to a place to eat. Some examples of the type of patio seating are shown below. n Gunter Square Planned Development Concept and Regulations page 5 As part of the "draw" of Gunter Square, a small, covered stage with electrical service will be provided. This, in addition to the active open space, complete with ample seating and shade, will immediately create a new place for Gunter residents to get together. ZONING: The three tracts are currently zoned I, Industrial. The proposed zoning is PD, Planned Development with an underlying zoning classification of C-2, General Commercial District to allow for a variety of uses. The proposed uses include restaurant, retail, office, and other service uses. ADJACENT THOROUGHFARES: At the current time, Main Street and 4th Street are constructed as two-lane roads and are shown on the City and Grayson County Thoroughfare Plans as remaining two- lane roads. The tract adjacent to Main Street has a variable width right-of-way which averages approximately 95 feet in width. Fourth Street's right-of-way is also variable width and averages approximately 105 feet in width. The ample width of these two streets allows the two traffic lanes with a center turn lane and also a variety of parking options. Walnut Street has a 60-foot right-of-way but is only partially constructed adjacent to the subject property. As part of the development, Walnut Street from 4th to 5th Street will be constructed, with a temporary turn-around at the intersection of Walnut and 5th Street. Fifth Street, adjacent to Tract 3's eastern property line, is an unconstructed designated roadway with approximately 65 feet of ight-of-way. There are no plans for the construction of 5th Street with the first phase of this project. PARKING: Parking requirements in downtown areas should be as flexible as possible to provide necessary spaces for customers while not using limited land area as parking. This can be achieved through a unified parking ratio for downtown businesses regardless of the specific use that occupies the buildings. This developer is suggesting 1:300 for the three tracts, regardless of land use. In this way, the buildings can be utilized by a variety of typical downtown businesses such as retail, office, restaurant, services, etc. In addition, adjacent to Tract 3, head-in on-street parking is proposed to be included in the requirement, leaving the entire 1.00 acre tract to be developed for businesses, open space, and public gathering. GUNTER SQUARE PLANNED DEVELOPMENT Proposed Parking Ratios Tract No. Address Proposed Use Proposed Parking Ratio Tract 1 415 W. Main Street Retail/Office 1:300 Tract 2 402 W. Walnut Street Office 1:300 Tract 3 204 S. 4th Street Restaurant/Ofice/Retal 1:300 GUNTER SQUARE PLANNED DEVELOPMENT Proposed On-Site Parking Spaces Tract Max. Size Bldg Min. Parking Proposed On- Address Proposed Use No. Per Tract Required Site Parking Tract 1 415 W. Main Street Retail/Office 3,500 sq ft 12 17 Tract 2 402 W. Walnut Street Office 2,000 sq ft 10 14 Tract 3 204 S. 4th Street + Restaurant/Offic 9,000 sq ft 30 proposed buildings on e/Retail south side of W Walnut Total On-Site Spaces: 27 Gunter Square Planned Development Concept and Regulations page 6 GUNTER SQUARE PLANNED DEVELOPMENT Proposed On-Street Parking Spaces Tract No. Max. Size Min. Parking Proposed Address Proposed Use Bldgs Per Required Street Parking Tract Tract 1 415 W. Main Street Retail/Office 3,000 sq ft 12 2 Tract 2 402 W. Walnut Street Office 2,000 sq ft 10 3 Tract 3 204 S. 4th Street + Restaurant/Office 9,000 sq ft 30 38 proposed buildings on /Retail south side of W Walnut Total On-Street Spaces: 43* *Note: The on-street parking for 204 S. 4th Street and the two proposed buildings facing W. Walnut Street does not include the additional on-street parking that will be provided once 5th Street is constructed. The total parking fori the Gunter Square Planned Development will be approximately seventy (70) spaces, including the on-site and head-in street parking. The justification for using on-street parking is supported by empirical evidence which shows limiting or even eliminating downtown parking minimums actually encourages business development. In fact, the Gunter Downtown Plan echoes this statement, although the Zoning Ordinance has not yet been changed to reflect the Plan's suggestion for minimizing or eliminating minimum parking ratios. Further, parking ratios are directly associated with land use. Land uses in the downtown area change frequently from retail to office to restaurant and more. By requiring the parking number to be tied to a specific land use is to restrict free development of new businesses. For example, a 2,000 square foot office space (Gunter parking ratio of 1:300) requires 6.7 spaces rounded up to 7 spaces. If the same space was leased to a retail use, the Gunter parking ratio of 1:200 would apply, SO instead of 7 spaces, now the same building space would be required to provide 10 spaces. It would be even worse should a restaurant move into the space - at a parking ratio of 1:100, the restaurant would now require 20 spaces! This encourages over-parking which is unsightly and not conducive to a vibrant downtown with many land uses adjacent to one another. Many downtown areas are limiting or completely eliminating the requirement for parking for existing and new businesses. Obviously, some parking is needed. But a specific formula can be overly restricting for growth and vibrancy. A March 2023 article in Planning Magazine indicated that many medium sized cities are completely eliminating parking minimums in their downtown areas. Unused or underused properties that were ripe for development were hampered by the outmoded concepts of required minimum parking requirements. Removing that barrier to development became an incentive for innovation, creativity, and economic prosperity. In Fayetteville, Arkansas, the article states that the lack of backlash to the removal of minimum parking standards became the "story" because there was none. Business owners and visitors agreed that it was a boon to downtown development. Further, the elimination of parking minimums proved there simply wasn't much justification for the regulations in the first place." 1 For example, McKinney has a thriving downtown area and does not require any parking for new businesses (McKinney Development Code, Appendix 2). As part of their latest parking survey, even in the most crowded time periods, there is ample parking available in the downtown area (59% saturation). Gunter Square Planned Development Concept and Regulations page 7 SETBACKS AND BUILD-TO LINES: Buildings located on Tract 3 (402 S. 4th Street) shall have no setbacks required and may be built up to the property line. This assumes that sidewalks will be built in the public right-of-way. Buildings on Tract 1 and 2 shall have setbacks on all four sides of the buildings of 5 feet minimum. However, should the owner choose to build the front façade on Tracts 1 and/or 2 with no setback, these tracts may convert to a zero build-to line, as described below for Tract 3. GUNTER SQUARE PLANNED DEVELOPMENT Proposed Site Regulations 402 W. Buildings facing 415 W. Main St 204 S. 4th St Walnut St Walnut St Minimum Front Façade Setback 0' 0' 0' 0' Minimum Side Yard Setback 5' 5' 0' 0' Minimum Rear Yard Setback 5' 5' 0' 5' Maximum Height of Buildings 2s stories 1 story 2 stories 2 stories LANDSCAPING: Since these buildings will have more of an "urban" look with "build-to" lines rather than setbacks, street trees will be placed within sidewalk wells with grates along the streets with no setbacks. The ratio of trees will follow the City's regulations of one large tree per 40 feet of frontage. The sidewalks along 204 S. 4th Street will be built to accommodate head-in parking and will have a bump out at the intersection of 4th Street and Walnut Street to allow pedestrians to better view the street traffic and make pedestrian crossings safer. Interior landscaping will include natural plants, trees, and grasses as well as artificial turf where heavy pedestrian traffic warrants its use. The use of artificial turf shall substitute for required natural grass when appropriate. Canopy umbrellas and other shade features may be used in lieu of shade trees within Tract 3, as the dry, hot summers of Texas make it difficult for these trees to flourish. OPEN SPACE: The purpose of landscaping is to provide shade, enhance the natural ambiance of the City, and support property values. With the brutal summers of late, innovations to provide alternate shade opportunities should be considered and supported. Many times, shortly after trees or shrubs are planted, the Texas sun reduces them to tinder. With water restrictions, maintaining living trees and plants becomes an unsolvable and expensive problem. Gunter Square will use patio covers, awnings, and table umbrellas, along with some living landscaping, to provide shade while not sacrificing ambiance. Gunter Square will be unique in that it will provide ample open space in Tract 3 that will be actively utilized by the residents of Gunter as well as customers. The building proposed on Main Street will have a minimal front setback, with the sidewalk extending close to the front entry. Likewise, the restaurant located on the west side of Tract 3 will have a zero front setback on 4th Street, with the focus being on a wide pedestrian sidewalk adjacent to the head-in parking. Landscaping in both these locations will be limited to shade trees in tree wells within brick pavers. Gunter Square Planned Development Concept and Regulations page 8 The existing building on Tract 2 is proposed to remain, with extensive renovation to the exterior to conform to the proposed Urban Prairie aesthetic. It will have more typical suburban parking on the east side of the building and two rows of parking facing Walnut Street. A pedestrian walkway marked with pavers or painting will connect the new building on Tract 1 with the existing building on Tract 2 and continue south to Tract 3. Landscaping on Tract 1 and Tract 2 will be limited to that required for parking lots and/or street trees. V Tract 3 will have a combination of trees, pedestrian walkways, 'grassy" areas made up of Astroturfe or similar permanent grass product, open paved areas, brick and cement sidewalks, tables with umbrellas, and other outdoor seating options. This combination on Tract 3 will not conform to the landscaping requirements of the City but will provide an alternative option to the mundane, expected landscape treatment of trees and shrubs in rows. The innovative design of Gunter Square will likely be copied in other developing areas of Gunter. Additions to the landscaping and open space will be soft overhead lighting. The large outdoor patio common area in Tract 3willl have flexible seating for dining or listening to a concert, such as shown above. OPEN AIR STAGE: The open space in Tract 3 will include a small, covered stage, equipped with electricity for musicians to play or even have small outdoor concerts. The restaurant with the patio will face the stage area. The photo to the right shows the approximate size ofthe stage and the canvas cover. PHASING: The Gunter Square Planned Development will be constructed in Phases. Currently, the existing building located on the north side of Walnut Street is considered to be a part of Phase 1. Tract 3, south of Walnut Street, will be developed in at least two phases. Phase 1 will be the restaurant to be located on the hard corner of 4th Street and Walnut Street. This restaurant development will include a covered outdoor patio area and the natural shaded "grove" area shown to the east ofthe patio seating on the Concept Plan. Phase 1 will also include the small outdoor performance center and a relatively small portion of the alleyway at the south end of the tract to allow for trash pick-up. Phase 1 will include the construction of the entire length of Walnut Street from 4th Street to 5th Street, with a temporary cul-de-sac provided in the future intersection of Walnut Street and 5th Street. Gunter Square Planned Development Concept and Regulations page. 9 Phase 2 will include one or both of the remaining buildings proposed for Tract 3, along with the construction of a portion of 5th Street, to be determined at a later date. At this time, the on-street parking on the east side of Tract 3 will be constructed along with the entire remaining length of the alleyway on the south side of Tract 3. CONCLUSION: The Downtown Master Plan emphasizes the benefit of partnering with private developers for economic vitality and quality design aspects with the cooperation and support of the City. The goal of economic vitality can be achieved through partnerships with private developers, the City, and Gunters Economic Development Corporation, as well as tax incentives, reduction in fees associated with development, and with a simplified process of approval. Encouraging quality design, a recognizable aesthetic, and an attitude of flexibility with specific Zoning regulations will create a development with unique design attributes. While all the details of the design are not fully developed, the overall concept is clear - a well-designed combination of businesses that would extend and enhance Gunter's downtown area, bringing growth, vibrancy, and opportunities to the City. Gunter Square Planned Development Concept and Regulations page 10 GUNTER SQUARE Location Map - Ip Wi Main St w Main St 9 € 82 o = W Walnut St a Elm Si Gunter Square Planned Development Concept and Regulations page 11 GUNTER SQUARE Proposed Street Sections OF AY GUNTER UNT 100 A RIGHT OFY WAYS E n Gro ou naI OUNTER-S 60F A RIGHT OF S WAYS 0 balon E - Group m sanses Gunter Square Planned Development Concept and Regulations page 12 GUNTER SQUARE PLANNED DEVELOPMENT Proposed On and Off-Street Parking Proposed Max. Square Min. Proposed Proposed Tract No. Proposed Use Parking Feet Per Parking Street Site Ratio Tract Required Parking Parking Tract 1 Retail/Office 1:300 3,000 sq ft 12 2 17 Tract 2 Office 1:300 2,000 sq ft 10 3 14 Restaurant/Office Tract 3 1:300 9,000 sq ft 30 38 0 /Retail 43 31 Total Parking 74 spaces Gunter Square Planned Development Concept and Regulations page 13 GUNTER SQUARE PD CONCEPT PLAN GUNTER: SQUARE PLANNED DEVELOPMENT Proposed On ando Off-Street Parking Proposed Max. Square Min. Proposed Proposed Tract No. Proposed Use Parking Feet Per Parking Street Site Ratio Tract Required Parking Parking Tract1 Retai/Office 1:300 3,000sgft 12 2 17 Tract2 Office 1:300 2,000sqft 10 3 14 MAIN Restaurant/Office STREET Tract3 /Retail 1:300 9,000s sqft 30 38 0 100' ROW 43 31 100 Total Parking 74spaces a HE N Proposed * - REaORe 2,500 361054 Sq ft h 9 6 Scale: 1 inch : 80 a TTTT 4 151905 s 10 leyway 4 4 a 151900 1 Exiting Building I 1 2,000 sq: ft a 4 a - @ - - - W. 7 Specially, paved WAINUTS STREET 47 pedestrian walkways proposeds streeti 60' ROW onstreetp mpsesoN bec parkingt to 5 1915 by comstructeds ad., - prop. - 5 owner 4 HC e * E - 28' : - HCS traffic HÇ/HC lanes n Proposed Outdoor Proposed Seating - - Temporany Retaurant - culd des sac 50' 2500:985 radius E Proposed S a S Outdoors Seatine El 3 3 Retaurant A or 8 9 Retail e Proposed play! Area ft o A 2500:9 E 1 Retaurant CMIlrens 2,000s sqft 2 PHASEI 1 à FEERe PHASEZ 2 P : F V - Ph1 ia dumpster Perfemmance Center GAheinea Area - / 300 C Phialley 10' 5 151918 construction CPEyVay tot this point construction Ph2alley a will connect to5 5th Street 259536 151919 NT PARAI LLEL PARKING 4 2 PARKING o - Groep. LC. Angis Erve 3 o CapyrigH vp Croup. ue. Arg reserved. CITY OF GUNTER, TEXAS (Gunter Square) ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF GUNTER, TEXAS, AS HERETOFORE AMENDED, BY CREATING PLANNED DEVELOPMENT- GUNTER SQUARE (PD- LOCATED ON APPROXIMATELY 1.66 ACRES OF LAND, SITUATED IN THE JAMES CORNELL SURVEY, ABSTRACT NO. 217, GRAYSON COUNTY, TEXAS, BEING LOTS 4, 5, 6, AND 7 IN BLOCK 32 OF THE ORIGINAL TOWN OF GUNTER AND BEING LOCATED ALONG AT THE CORNER OF WEST WALNUT AND W FM 121, GUNTER, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT"A" ATTACHED HERETO, BY GRANTING A CHANGE IN ZONING FROM M-1 INDUSTRIAL DISTRICT (M-1) TO GUNTER SQUARE PLANNED DEVELOPMENT NO. (PD- TO ALLOW FOR THE DEVELOPMENT OF AN URBAN THEMED COLLECTION OF BUSINESS THAT WILL ENHANCE THE DOWNTOWN GUNTER AREA, WITH DEVIATIONS; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (S2,000.00) FOR EACH OFFENSE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Gunter, Texas, and the governing body ofthe City of Gunter, in compliance with the laws ofthe State of Texas, and the Ordinances of the City of Gunter, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Gunter, Texas, duly passed by the governing body of the City of Gunter, Texas, on the 24th day of May, 2016, as heretofore amended, be, and the same are hereby further amended by creating Gunter Square Planned Development (PD- ) located on approximately 1.66 acres ofl land located in the James Cornell Survey, Abstract No. 217, Grayson County, Texas, being Lots 4, 5, 6, and 7, in Block 32, of the original Town of Gunter, Grayson County, Texas by Plat recorded in Volume 142, Page 56, deed records Grayson County, Texas, and being same tract of land City of Gunter Ordinance No. Page 1 conveyed to Billie Carlton Bennett, Mary Etta Bennett Kolb, and Tommy Joe Bennett, by deed recorded in Volume 4272, Page 278, Deed Records, Grayson County, Texas, and being more particularly described in Exhibit "A" attached hereto (the "Property"), by granting a change in zoning from M-1 Industrial District (M-1) to Gunter Square Planned Development- (PD- to allow for a Planned Development for the development of an urban-themed collection of businesses that will enhance the downtown Gunter area and follow the concepts of the Gunter Downtown Master Plan, with deviations. SECTION 2. That the Property shall be developed and used only in accordance with the following development conditions: A. CONCEPT PLAN. The Property shall be developed in general conformance with the Gunter Square Planned Development, attached hereto as Exhibit A" and incorporated herein by reference (the "Concept Plan"). Minor modifications to streets and driveways that do not alter the general alignment shown on the Concept Plan may be made. B. PERMITTED USES. Permitted uses shall be compliant with the City of Gunter Zoning Ordinance Section 25 Use ofLand and Buildings. D. DEVELOPMENT STANDARDS. PD- shall generally combine certain existing guidelines within General Commercial District (C-2), as described in the attached Exhibit "A" for density, lot area, architectural guidelines, and landscape guidelines. E. SITE PLAN AND ELEVATIONS PLAN. The Property shall be developed in general conformance with the Site Plan and Elevations Plan attached hereto as Exhibit A" and incorporated herein by reference (the "Site Plan and Elevations Plan"). F. DISTRICT REGULATIONS. The Property shall be subject to the district regulations as provided in the attached Exhibit *B", District Regulations with regard to parking and building setbacks. G. STREET IMPROVEMENTS. The Property shall be developed with regard to street improvements as provided in the attached Exhibit C and C-1." Minor modifications to streets and driveways that do not alter the general alignment shown on the Concept Plan may be made. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Gunter, as heretofore amended, and as amended herein. SECTION 5. That, to the extent of any irreconcilable conflict with the provisions of this ordinance and other ordinances of the City of Gunter governing the use and development of the Property and which are: not expressly amended by this ordinance, the provisions of this ordinance shall be controlling. SECTION 6. That all provisions of the Ordinances of the City of Gunter in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of City ofGunter Ordinance No. Page 2 the Ordinances of the City of Gunter not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part SO decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this Ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Gunter, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. This ordinance shall take effect immediately from and after its passage and the publication oft the caption, as the law in such case provides. ITI IS ACCORDINGLY SO ORDAINED. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, THE DAY OF APRIL17, 2025. AYES NAYS ABSTENTIONS CITY OF GUNTER, TEXAS Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary City ofGunter Ordinance) No. Page 3 EXHBIT PROPERTY DESCRIPTION PROPERTY DESCRIPTION-L.66 AC TRACT ONE: Being a trat of land situated in the James Cornell Survey, Abstract No. 217, Grayson County, Texas, being Lots 4, 5, 6, and 7, in Block 32, of the original Town of Gunter, Grayson County, Texas by Plat recorded in Volume 142, Page 56, deed records Grayson County, Texas, and being same tract of land conveyed to Billie Carlton Bennett, Mary Etta Bennett Kolb, and Tommy Joe Bennett, by deed recorded in Volume 4272, Page 278, Deed Records, Grayson County, Texas, and being more particularly described as follows: Beginning at a%2 inch iron rod found for corner, said comer being in the South line of Main Street (100 feet right-of-way) and being in the North corner of Lot 5, conveyed to James F. Skaggs, Revocable Living Trust, by deed recorded in County Clerk's File Number 2008- 00001368, Deed Records, Grayson County, Texas; Thence South 11 degrees 20 minutes 00 seconds West, along the West Line of said (Lot 8) Skaggs tract, a distance of 145.00 feet to a % inch iron rod set with a yellow plastic cap stamped "CBG Surveying" for corner, from which a % inch iron found bears South 18 degrees 41 minutes 28 seconds East, a distance of 0.37 feet, said corner lying in the North line ofa 10 foot Alley; Thence North 78 degrees 40 minutes 00 seconds West, along the North line of said 10 foot Alley, a distance of 100.00 feet to a % inch iron rod set with a yellow plastic cap stamped "CBG Surveying" for corner, from which a % inch iron found bears South 08 degrees 08 minutes 45 seconds East, a distance of 1.16 feet, said corner being in the South corner ofLot 3, conveyed to 415 West Main Street, LLC, by deed recorded in County Clerk's File Number 2015-16552, Deed Records, Grayson County, Texas; Thence North 11 degrees 20 minutes 00 seconds East, along the East line of (Lot 3) 415 West Main Street, LLC tract. A distance of 145.00 feet to a % inch iron rod set with a yellow plastic cap stamped "CBG Surveying" for corner, said CORNER LYING IN THE South line of said Main Street; Thence South 78 degrees 40 minutes, 00 seconds East, along the South line of said Main Street, a distance of 100.00 feet to the Point of Beginning and containing 14,500 square feet or 0.333 acres ofland, more or less. TRACTTWO: Situated in the County of Grayson, State of Texas, being all of Lots 18-21, Block 32, of the Original Town Plat of the City of Gunter, an addition to the City of Gunter, Texas, as shown by EXHIBIT A plat of record in Volume 142, Page 56, of the Deed Records, Grayson County, Texas and being described by metes and bounds as follows: Beginning at a %" steel rod found for the southwest corner of said Lot 21, common to the southeast corner ofLot 22 of said Block 32; Thence North 12° 29'32" East, with the westerly line of said Lot 21, and with the easterly line of said Lot 22, a distance of 145.00 feet to a %" steel rod found for the northwest corner of said Lot 21, common to the northeast corner of said Lot 22; Thence South 77°31'51" East, with the northerly line of said Lots 18-21, and with the southerly line of an alley, a distance of 100.00 feet to a %" steel rod previously set for the northeast corner of said Lot 18, common to the northwest corner of] Lot 17 of said Block 32; Thence South 12° 29' 32" West, with the easterly line of said Lot 18, and with the westerly line of said Lot 17, a distance of 145.00 feet to a %" steel rod previously set for the southeast corner of said Lot 18, common to the southwest corner of said Lot 17; Thence North 77° 31'51" West, with the southerly line of said Lots 18-21, and with the northerly Right-of-Way line of Walnut Street, a distance of 100.00 feet to the Point of Beginning and containing 14,500 square feet or 0.333 acres of1 land, more or less. TRACT THREE: Situated in the County of Grayson, State of Texas, being a part of James Cornell Survey, Abstract No. 217, and being Lots 1-12 in Block 39 of Original Town Plat of the City of Gunter, according to the plat thereof recorded in Volume 142, Page 58, Deed Records, Grayson County, Texas, and being the same tract of land described in the deed to JSC Holdings, LLC, recorded in Document No. 2021-34850, Real Property Records, Grayson County, Texas, and being all ofLot 1R of the Gunter Square Addition, an addition to the City of Gunter, Grayson County, Texas, as shown by plat of record in Document Number 2024-87, Plat Records, Grayson County, Texas, and being described by metes and bounds as follows: Beginning at a %" steel rod found for the northeast corner of said Block 39, and at the intersection oft the southerly right-of-way line of Walnut Street and the westerly right-of-way line ofSouth 5th Street; Thence South 120 34' 33" West, with the easterly line of said Block 39, and with the westerly right-of-way line of said South 5th Street, a distance of 145.00 feet to a %" steel rod found for the southeast corner of said JSC Holdings Tract, and at the intersection of the westerly right-of- way line of said South 5th Street and the northerly line of a 10-foot alley in said Block 39; Thence North 77° 18' 58" West, with the southerly line of said JSC Holdings Tract, and with the northerly line of said 10-foot alley, a distance of 299.52 feet to a %" steel rod found for the southwest corner of said JSC Holdings Tract, and at the intersection of the northerly line of said 10- foot alley and the easterly right-of-way line of South 4th Street; EXHIBIT A Thence North 12° 37 14" East, with the westerly line of said Block 39, and with the easterly right-of-way line of said South 4th Street, a distance of 145.00 feet to a 1/2" steel rod set for the northwest corner of said Block 39, and at the intersection of the easterly right-of-way line of said South 4th Street and the southerly right-of-way line of aforesaid Walnut Street; Thence South 77° 18' 58" East, with the northerly line of said Block 39, and with the southerly right-of-way line of said Walnut Street, a distance of 299.40 feet to the Point of Beginning and containing 43,422 square feet or 1.00 acres ofland, more or less. EXHIBIT A EXHBIT "A" GUNTER SQUARE PD CONCEPT PLAN EXHIBIT B EXHBIT "B" GUNTER SQUARE SITE DEVELOPMENT REGULATIONS EXHIBIT B EXHIBIT"C & C-1" GUNTER SQUARE STREET SECTIONS EXHIBIT B EXHIBIT B a ITYE 4 O CITY COUNCIL MEETING GUNERI April 17,2 2025 EST. 1901 6:00 PM AGENDA ITEM #10 PUBLIC HEARING Public Comments: To hear public comments regarding amending the Comprehensive Zoning Ordinance and Zoning Map ofthe City of Gunter, Texas, by granting a change in zoning from TF - Two Family Residential (Duplex) District to PD Planned Development on approximately 1.5 acres, and to allow for the development to provide eight (8) Two Family units. The property is located at the Northwest corner of West Cedar Street and 7th Street. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Eric Wilhite, Director of Planning & Development FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments CITY OF GUNTER, TEXAS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission of the City of Gunter, Texas will conduct a public hearing on April 10,2025 at 6 p.m. and the City Council will conduct a second public hearing on April 17, 2025 at 6 p.m. at 105 N 4th Street Gunter, Texas 75058, to consider a request to amend the Comprehensive Zoning Ordinance and Zoning Map of the City of Gunter, Texas, by granting a change in zoning from TF- Two Family Residential (Duplex) District to PD Planned Development on approximately 1.5 acres, and to allow for the development to provide 8 Two Family units. This project will be located at the Northwest corner of West Cedar Street and 7th Street within the city limits of Gunter, TX. Those wishing to speak FOR or AGAINST the above item are invited to attend. Ifyou are unable to attend and have comments you may send them to City of Gunter, Attention: City Secretary, Gunter, Texas 75058, email pseapsisumisus and it will be presented at the Hearing. Ifyou have any questions about the above hearing you may contact ewlniedcisueius CITY COUNCIL MEETING a April 17, 2025 TTY On 6:00 PM GUNERI EST. 1901 AGENDA ITEM #11 Discuss, consider, and act upon an Ordinance approving a Zoning change request located in TF- TWo Family (duplex) District, to Planned Development PD, located in the Supplemental Addition Pt 72, near College St. and 7th Street. SUBMITTED BY: Justin Duncan of Almega Homes AGENDA ITEM SUMMARY/BACKGROUND: The applicant is requesting consideration of a Planned Development to construct at TF-Two Family District (Duplex) development. The subject property as well as the surrounding properties to the subject property is currently zoned and developed as TF-Two Family (duplex). Because 7th Street was never constructed, the developer of this project will be responsible for construction of street pavement. There are also a few other encumbrances on the property. Because of these additional items, the developer is asking for slight deviations from the base TF zoning district development standards that would allow for additional dwelling units to be constructed. The right-of-way for 7th Street currently exists but the pavement for street was never constructed. For the construction of this development this pavement will be constructed by the developer. The street will extend north to the property that is proposed to be developed as a clmate-controlled self-storage and office complex. Since it is not known for sure when this development will occur, the developer of this TF- Two Family project will be required to construct a temporary cul-de-sac type turnaround as depicted on the PD exhibit. Iti is known that there are drainage issues in this area. The proposed development will be reviewed and drainage will have to be addressed and meet city run off criteria. It's possible that some on site detention will be required. These engineering issues are not specifically being reviewed for a zoning change request but are discussed and will be addressed and reviewed in civil construction documents phase. General Purpose and Description of the Two-Family Residential (Duplex) District is to promote stable, quality residential development of slightly increased densities. Consistent with the city's Comprehensive Plan, this district may be used as a "buffer" district between low density and high-density districts or between residential and nonresidential districts. TF District Regulations PD Planned Development Min. lot width: 30ft 52ft Min. lot depth: 100ft 95ft Side yard: 8ft 6ft Rear yard: 20ft 20ft Front yard: 20ft 20ft Lot area: 3,000sf 5,522sf PUBLIC NOTICE: Notices mailed to property owners within 200 feet of the subject property and notice was published in the newspaper. PLANNING & ZONNING COMMISSION RECOMMENDATION: P&Z recommended approval of request. ATTACHMENTS: General Location Map Grayson County CAD PD Site Plan Zoning Exhibit. DRAFT PD Ordinance evbl Ammoclates PLLC. Uncuthorized uplkation ra - NORIN Btns STREET 6 Si # - $ R N1 zoepré # SEsoL $3258 a4 a 5 - e 4 / 5 4 A 5 E 9 og 710 4 si 5A 6 1 - E 20 067 à 17 a 3 E AA S AMSIREET T RA - - a - I a 2 a a 3 a a a S - A 6 - I I 5 * - a NO DAE EY DESCRIPTON - - I I R - 5 E 5 1 E a * : : 3 u a Tevasen : 9287 BLOCK. 72 SUPPLEMENTARY aE E8 VILBIG & ASSOCIATES, INC. 9 ZONING EXHIBIT GUNTER & b 35; CONSULIINGE ENGINEERSES SURVEYORS B a S RAHNER RS FOR P.D. ADDITION Cmyo OF FGUNTER TO E CHECKED: EE E CALET GRAYSON COUNTY. TEXAS VG E E E a VA ROECT NO 2150-01 151750 GARCIA N 5th 151749 St FUBENALGO ERITTANYO C 134312 MARTINEZ RACHEL 134313 LOPEZ: SALVADOR: SOLIS 134315 N 6th PARKER SABRINA St 6 459566 GUNTER PROJECTLLC VILLAFRAI 3 S 9 TI ONORATO N th e 5 sroe BBK17 PBCANEE ELAINE CUNTERE 134318 PRESTONI VOLONGEL LLC CITY OF GUNTER, TEXAS ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF GUNTER, TEXAS, AS HERETOFORE AMENDED, BY CREATING PLANNED DEVELOPMENT- THE COTTAGES (PD- LOCATED ON APPROXIMATELY 1.5 ACRES OF LAND, SITUATED IN THE HT&B RR CO SURVEY, ABSTRACT NO. 606, GRAYSON COUNTY, TEXAS, BEING PART OF BLOCK 72 OF THE SUPPLEMENTARY ADDITION TO THE CITY OF GUNTER AND BEING LOCATED ALONG AT THE NORTHWEST CORNER OF WEST CEDAR STREET AND 7TH STREET, GUNTER, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, BY GRANTING A CHANGE IN ZONING FROM TWO FAMILY RESIDENTIAL (DUPLEX) DISTRICT (TF) TO THE COTTAGES PLANNED DEVELOPMENT NO. (PD- TO ALLOW FOR THE DEVELOPMENT OF SIXTEEN (16) TWO STORY MODERN ARMIOUSE/COTTACE STYLE UNITS WITH DEVIATIONS; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Gunter, Texas, and the governing body of the City of Gunter, in compliance with the laws ofthe State ofTexas, and the Ordinances of the City of Gunter, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Gunter, Texas, duly passed by the governing body of the City of Gunter, Texas, on the 17th day of April, 2025, as heretofore amended, be, and the same are hereby further amended by creating The Cottages Planned Development (PD- ), located on approximately 1.5 acres of land located in the HT&B RR Survey, Abstract No. 606, Grayson County, Texas, part of Block 72, Supplementary Addition to the City of Gunter, Grayson County, Texas according to the plat thereof recorded in Volume 222, Page 429, Deed Records, Grayson County, Texas, and being a City ofGunter Ordinance: No. Page 1 re-tracement survey of a called 1.573 acre tract of land described in the deed to Honorato Villafranca, recorded in Instrument No. 2017-18099, Official Records, Grayson County, Texas, and being more particularly described in Exhibit "A" attached hereto (the "Property"), by granting a change in zoning from Two Family Residential (Duplex) District (TF) to The Cottages Planned Development- (PD- to allow for a Planned Development for the development of sixteen (16) two story modern farmhouse/cottage style units, with deviations. SECTION 2. That the Property shall be developed and used only in accordance with the following development conditions: A. CONCEPT PLAN. The Property shall be developed in general conformance with the The Cottages Planned Development, attached hereto as Exhibit "B" and incorporated herein by reference (the "Concept Plan"). Minor modifications to streets and driveways that do not alter the general alignment shown on the Concept Plan may be made. B. PERMITTED USES. Permitted uses shall be compliant with the City of Gunter Zoning Ordinance Section 25 Use ofLand and Buildings. D. DEVELOPMENT STANDARDS. PD- shall generally combine certain existing guidelines within TF- Two-Family Residential (Duplex) District, as described in the attached Exhibit "B" for density, lot area, architectural guidelines, and landscape guidelines. E. DISTRICT REGULATIONS. The Property shall be subject to the district regulations as provided in the attached Exhibit "A", District Regulations with regard to TF- Two Family Residential. G. WATER, SEWER, AND DRAINAGE. The Property shall be developed with regard to water, sewer, and drainage improvements as required in City of Gunter Code and Subdivision Regulations. H. STREET IMPROVEMENTS. The Property shall be developed with regard to street improvements as provided in the attached Exhibit "A." Minor modifications to streets and driveways that do not alter the general alignment shown on the Concept Plan may be made. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Gunter, as heretofore amended, and as amended herein. SECTION 5. That, to the extent of any irreconcilable conflict with the provisions of this ordinance and other ordinances of the City of Gunter governing the use and development of the Property and which are not expressly amended by this ordinance, the provisions of this ordinance shall be controlling. SECTION 6. That all provisions of the Ordinances of the City of Gunter in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of City ofGunter Ordinance No. Page 2 the Ordinances of the City of Gunter not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part SO decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this Ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Gunter, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum ofTwo Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such case provides. IT IS ACCORDINGLY SO ORDAINED. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, THE DAY OF APRIL17, 2025. AYES NAYS ABSTENTIONS CITY OF GUNTER, TEXAS Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary City ofGunter Ordinance: No. Page 3 City of Gunter Ordinance No. Page 4 EXHIBIT "A" PROPERTY DESCRIPTION PROPERTY DESCRIPTION-15 AC BEING all of that certain tract or parcel of land situated in the HT&B RR Co Survey, Abstract No. 606, City of Gunter, Grayson County, Texas, and being part of Block 72, of the Supplementary Addition to the City of Gunter, Grayson County, Texas, according to the plat thereof recorded in Volume 222, Page 429, Deed Records, Grayson County, Texas, and being a re-tracement survey of a called 1.573 acre tract of land described in the deed to Honorato Villafranca, recorded in Instrument No. 2017-18099, Official Records, Grayson County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "RPLS 4613" found for the southwest corner of said 1.573 acre tract, common to the southeast corner of a tract of land described in the deed to John Scott Rodgers, recorded in Volume 2820, Page 417, said Official Records, and on the southerly line of said Block 72, and on the northerly right-of-way line of West Cedar Street, and from which a found 1/2-inch iron rod with plastic cap stamped "RPLS 4577" bears North 32°40' West, a distance of 7.2 feet; THENCE North 12° 08' 01" East, crossing said Block 72, and with the westerly line of said 1.573 acre tract, and with the easterly line of said Rogers Tract, passing en route at a distance of 75.88 feet a 1/2-inch iron rod with a plastic cap stamped "RPLS 4613" found for the southeast corner of Lot 4 of Sixth Street Addition, an addition to the City of Gunter, Grayson County, Texas, according to the plat thereof recorded in Instrument No. 2018-2, Plat Records, Grayson County, Texas, and continuing on said course with the easterly line ofs said Sixth Street Addition, passing en route at a distance of 154.65 feet a 1/2-inch iron rod with a plastic cap stamped RPLS 4613" found for the northeast corner of said Lot 4, common to the southeast corner ofLot 3, in said Sixth Street Addition, and continuing on said course with the easterly line of said Lot 3, passing en route at a distance of 233.41 feet a 1/2-inch iron rod with a plastic cap stamped "RPLS 4613" found for the northeast corner of said Lot 3, common to the southeast corner ofLot 2, in said Sixth Street Addition and continuing on said course, a total distance of 432.56 feet to a 1/2-inch iron rod with a plastic cap stamped "SARTIN RPLS 3694" found for the northeast corner of said 1.573 acre tract, common to the northeast corner of said Sixth Street Addition, and on the southerly line of a called 5 acre tract of land described in the deed to Willie C. Miller and wife, Alphia Jewel Miller, recorded in Volume 1038, Page 403, said Deed Records; THENCE North 86° 32' 41" East, with the northerly line of said 1.573 acre tract, and with the southerly line of said 5 acre tract, a distance of 155.48 feet to a 1/2-inch iron rod with a plastic cap stamped "SARTIN RPLS 3694" found for the northeast corner of said 1.573 acre tract, common to the northwest corner ofNorth 7th Street; THENCE South 12° 06' 17" West, with the easterly line of said 1.573 acre tract, and with the westerly right-of-way line of said North 7th Street, a distance of 474.40 feet to a 1/2-inch iron rod with a plastic cap stamped "PRESTON TRAIL LAND SURVEYING RPLS 6585" set for EXHIBIT A the southeast corner of said 1.573 acre tract, and at the intersection of the westerly right-of-way line of said North 7th Street and the northerly right-of-way line of aforesaid West Cedar Street, and from which a found 1/2-inch iron rod with a plastic cap stamped "RPLS 4577" bears North 01 905' East, a distance of 4.5 feet; THENCE North 77° 50' 44" West, with the southerly line of said 1.573 acre tract, and with the northerly right-of-way line of said West Cedar Street, a distance of 150.00 feet to the POINT OF BEGINNING and enclosing 1.560 acres (67,970 square feet) of land, more or less. EXHIBIT A EXHIBIT "B" THE COTTAGES CONCEPT PLAN EXHIBIT B EXHIBIT "C" THE COTTAGES SITE PLAN AND ELEVATIONS EXHIBIT B EXHIBIT "D" THE COTTAGES DISTRICT REGULATIONS EXHIBIT B EXHIBIT "E" THE COTTAGES WATER, SEWER, AND DRAINAGE IMPROVEMENTS EXHIBIT B EXHIBIT "F" THE COTTAGES STREET IMPROVEMENTS EXHIBIT B B CTTY OH CITY COUNCIL MEETING GUNMERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #12 Discuss, consider, and act upon approving an amendment to the BNSF Development Agreement AGENDA ITEM SUMMARYBACKGROINDN PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a cry O GUNGERI CITY COUNCIL MEETING EST. 1901 April 17, 2025 6:00 PM AGENDA ITEM # 13 Discuss, consider, and act upon aj purchase agreement with Grayson County for $43,430.00 for the sale of the City of Gunter's 2010 Nissan patch truck with 2012 Roscoe RA400 spray unit to the County. AGENDA ITEM SUMMARY/BACKGROUND Precinct #1 Commissioner Marr and Alderman Stevens identified a mutually beneficial opportunity in the City selling the Patch truck to the Grayson County in exchange for a work and material credit to be later performed by the County on behalf of Gunter. The patch truck was declared surplus by City Council at their March 21, 2024 meeting. PRESENTED BY: Adam Adams, Director of Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: Creates a work credit with Grayson County Precinct #1 of $43,430.00 LEGAL REVIEW: N/A ATTACHMENTS: Purchase Agreement for Surplus Vehicle March 21,2024 Council Minutes containing declaration of the patch truck as surplus PURCHASE AGREEMENT FOR SURPLUS VEHICLE Between the City of Gunter and Grayson County, Texas This Purchase Agreement ('Agreement") is made by and between the City of Gunter, a Type. A general-law municipality in Grayson County, Texas ("City"), a political subdivision of the State of Texas ("County"), collectively referred to as the "Parties," pursuant to Tex. Loc. Gov't Code SS 262.003, 262.024(a)(9)0C) (authorizing County purchase), and Tex. Loc. Gov't Code SS 51.015, 252.021(c) authorizing City sale). The County agrees to purchase, and the City agrees to sell, the following vehicle, declared surplus by the City on March 21, 2024: Description: 2010 Nissan UD3300 truck with 2012 Rosco RA400 spray patch unit. VIN: NAPCBIL9AAR80245. approximately 43,700 miles (truck). Serial No. 79345, approximately 75 hours (spray unit). Under the following terms: 1. Purchase Price. The County shall pay the City Forty-Three Thousand Four Hundred Thirty Dollars ($43,430.00), receipt of which is acknowledged, as full consideration for the Vehicle. 2. Condition ofVehicle. The Vehicle is sold "ASI IS," with no warranties, express or implied, regarding condition, fitness, or merchantability. The City represents that the Vehicle is free ofliens and encumbrances. 3. Authority to Purchase. The County is authorized to purchase the Vehicle without competitive bidding from a political subdivision, per Tex. Loc. Gov't Code S 262.024(a)(9)00), and as a negotiated contract with a political subdivision pursuant to its purchasing authority under Tex. Loc. Gov't Code S 262.003. 4. Title Transfer. The City shall deliver a signed title and bill of sale to the County within five (5) business days of approval by both Parties' governing bodies. The County shall register the Vehicle with the Texas Department of Motor Vehicles. 5. Approval. This Agreement is contingent upon approval by the County's commissioners court and the City's council, via resolutions adopted on or before. April 17, 2025. 6. Governing Law. This Agreement shall be governed by Texas law and constitutes the entire agreement between the Parties. 7. Effective Date. The latter date oft the dates set below shall be the effective date oft this Agreement. [SIGNATURE PAGES TO FOLLOW] Purchase Agreement Page 1 of 2 CITY OF GUNTER 105 N. 4th Street Gunter, TX 75058 By: Name: Karen Souther, Mayor Date: GRAYSON COUNTY 100 W. Houston St. Sherman, TX 75090 By: Name: Bruce W. Dawsey, County Judge Date: Purchase Agreement Page 2 of2 a cny O GUNERI CITY COUNCIL MEETING EST. 1901 April 17, 2025 6:00 PM AGENDA ITEM # 141 Discuss, consider, and act upon approving an ILA with Grayson County for road improvements for Sharp Road. AGENDA ITEM SUMMARY/BACKGROUND Staffhad asked Commissioner Marr to inspect Sharp Rd as portions ofthe road maintained by the City needed substantial repair work. Commissioner Marr and his staff inspected the road and presented their inspection results and repair estimates to City staff. Staff continues to look for opportunities to work with Grayson County when possible as it is more economically advantageous and promotes a positive relationship between the two entities. PRESENTED BY: Adam Adams, Director of Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: Utilizes approximately $23,445.00 of the $43,430.00 credit from Grayson County. LEGAL REVIEW: N/A ATTACHMENTS: Road Improvement ILA including attachments. ILA# 2025-PCT1-022 INTERLOCAL AGREEMENT BETWEEN GRAYSON COUNTY, TEXAS AND THE CITY OF GUNTER, TEXAS REGARDING ROAD IMPROVEMENTS FOR SHARP ROAD This Interlocal Agreement Regarding Road Improvements for Sharp Road (the "Agreement"). is made and entered into as of April 17 2025 (the Effective Date"), by and between Grayson County, Texas, a political subdivision of the State ofTexas (the "County"), and the municipality of Gunter, Texas (the "City"), a political subdivision oft the State of Texas (each a "Party, ? and collectively, the "Parties"). RECITALS WHEREAS, the County and City are each a local government as defined by Chapter 791 of the Texas Government Code (the "Act"), and as such are lawfully permitted to enter into an interlocal agreement; and WHEREAS, the City has determined that the Road Improvements may be constructed most economically by implementing this Agreement; and WHEREAS, the County has determined that the Road Improvements serve a benefit to the residents of the County; and WHEREAS, the Parties have agreed that the County shall rebuild with a two-course chip seal application approximately 358 linear feet of Sharp Road, beginning at HWY 289 going south 358 linear feet on Sharpl Rd, as well as, resurface with a one-course chip seal coat of approximately 1,955 linear feet of Sharp Road, starting 358 linear feet from HWY 289 to the City Limits Line, located inside the incorporated limits of the City and more particularly depicted in Exhibit "A" attached hereto (the "Road Improvements"); and WHEREAS, the Parties have agreed that the City shall pay $23,445.00 to the County for completing the Road Improvements and more particularly depicted in Exhibit "B" attached hereto (the "Estimate"); and WHEREAS, the Parties have determined and hereby represent that they are authorized and empowered to make, execute and deliver this Agreement; that the terms, conditions and provisions ofthis Agreement are: mutually agreeable, fair and advantageous to the Parties; and that they desire to enter into this Agreement for the purpose of setting forth the specific terms and conditions upon which the. Road Improvements will be funded and constructed. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the County and the City agree as follows: ARTICLE I CONSTRUCTION OF ROAD IMPROVEMENTS 1.1 Construction. The Road Improvements shall be constructed by the County in compliance with the County's applicable ordinances, rules, and regulations (in existence as of the time that construction of the Road Improvements commences) and the rules and regulations of any other agencies having jurisdiction (in existence as of time that construction of the Road Improvements commences). 1.2 Commencement of Construction. After the Effective Date of this Agreement, the County shall commence construction oft the Road Improvements at the sole discretion oft the County in accordance with the scheduling availability of the County. 1.3 Completion of Construction. The construction of the Road Improvements shall be deemed completed once the work is determined to be completed by the County. ARTICLE II FUNDING OF CONSTRUCTION COSTS 2.1 Payment. Within forty-five (45) days after the completion of construction of the Road Improvements oft this Agreement, the City shall pay the County up to the amount agreed upon in the Estimate, including the addition of any and all Addendums ratified after the Effective Date, as invoiced by the County to the City (collectively the Payment"). ARTICLE III TERM & TERMINATION 3.1 Term. This Agreement shall be effective as ofthe Effective Date and shall continue in full force and effect thereafter until the termination of this Agreement pursuant to Section 3.2. 3.2 Termination. (a). If construction has commenced on or before September 30, 2025, this Agreement shall continue in full force and effect thereafter until completion of the Road Improvements and receipt of] Payment. (b) if construction has not commenced prior to September 30, 2025, this Agreement shall automatically terminate. ARTICLE IV MISCBLLANEOUS 4.1 Remedies Upon Default. It is not intended hereby to specify (and this Agreement shall not be considered as specifying) an exclusive remedy for any default, but all such other remedies existing at law or in equity may be availed of by any Party and shall be cumulative. Recognizing, however, that each Party's undertakings herein are obligations, failure in the performance of which cannot be adequately compensated in money damages alone, each Party agrees, in the event of any default on its part, that the other Party shall have available to them the ILA# 2025-PCT1-022 equitable remedy of specific performance in addition to any other legal or equitable remedy that may also be available to them. Notwithstanding any provision to the contrary contained in this Agreement, no Party indemnifies the other. In no event shall either Party be liable for any special, punitive, indirect, or consequential damages, including damages attributable to loss of use, loss of income, or loss of profit even if such Party has been advised ofthe possibility of such damages. 4.2 Limited Waiver of Immunity. It is understood that by execution of this Agreement the Parties do not waive or surrender any oftheir governmental powers, immunities, or rights. The Parties waive their respective governmental immunity from suit and liability only as to any action brought by the other Party to pursue the remedies available under this Agreement and onlyto the extent necessaryto pursuesuchi remedies, Nothing in this Section shall waive any claims, defenses, or immunities that the Parties have with respect to suits against each Party by persons or entities not a party to this Agreement. 4.3 No Additional Waiver Implied. No waiver or waivers of any breach or default, nor any breaches or defaults, by any Party hereto of any term, covenant, condition, or liability hereunder, or of performance by any other Party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 4.4 Notice. Any notice, request, demand, instruction, or other communication required or permitted to be given to the County or the City under this Agreement shall be in writing and shall be either (i) personally delivered to the parties named below by a commercial messenger service regularly retaining receipts for such delivery; (ii) sent by registered or certified mail, return receipt requested, effective upon deposit; (iii) delivered by a reputable overnight courier service, effective upon delivery thereof to the carrier; or (iv) sent by electronic mail with confirmation of transmission, and shall be addressed to the parties as listed below: To Grayson County: Grayson County, Texas 100 W. Houston St. Sherman, TX 75090 Attention: Hon. Bruce W. Dawsey Email: bruce.dawsey@co.grayson.tx.us With a Copy to: Attn: Email: To City of Gunter: City of Gunter, Texas 105 N. 4th Street Gunter, TX 75058 Attn: Hon. Karen Souther Email: armsouedegue.n ILA# 2025-PCT1-022 4.5 Entire Agreement. This Agreement forms the sole and entire understanding of the Parties regarding the road improvements, superseding all prior agreements or discussions, and may be amended only by a writing signed by both Parties. 4.6 Attorneys' Fees. In the event any Party to this Agreement brings suit against another Party in respect of any matters provided forl herein, the prevailing Party shall be entitled to recover from such other Party its costs of court, legal expenses, and reasonable attorneys' fees in connection with such suit. 4.7 Severability. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected thereby, in full force and effect; and in that event, the Parties shall make good faith efforts to find and employ alternative means to achieve the same or substantially the same results as that contemplated by such invalid or unenforceable provision. 4.8 Assignability. This Agreement shall not be assignable by any Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. 4.9 Applicable Law. This Agreement is performable in Grayson County, Texas and shall be governed by and construed in accordance with the laws of the State of Texas. Venue shall be in Grayson County, Texas 4.10 Force Majeure. Ifany Party is unable to perform an obligation under this Agreement (other than monetary obligations) by reason of Force Majeure, then the obligation of such Party, as appropriate, shall be extended or postponed for the period of the actual delay caused by such Force Majeure. The phrase "Force Majeure" shall mean the inability to perform a duty or an obligation due to causes or occurrences which are outside of the control of the Party whose obligation is postponed and could not be avoided by the exercise of due care on the part of such Party, such as acts of God, pandemics, fires, floods, labor disputes, or strikes. 4.11 Modification. This Agreement shall be subject to change or modification only with the mutual consent of the governing bodies of each Party hereto. 4.12 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning oft the various and several paragraphs hereof. 4.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument SO that the signatures of all Parties may be physically attached to a single document. [SIGNATURE PAGES TO FOLLOW] ILA# 2025-PCT1-022 EXECUTED on the day of 2025, to be effective as ofthe Effective Date. GRAYSON COUNTY, TEXAS By: Name: Bruce W.1 Dawsey Title: County Judge Date: ATTEST: By: Name: Deana Patterson Title: County Clerk Date: ILA# 2025-PCTI-022 CITY OF GUNTER, TEXAS By: Name: Title: Date: ATTEST: By: Name: Title: Date: ILA# 2025-PCT1-022 EXHIBIT"AP Rebuild of Sharp Road, incorporated City Limits of Gunter, TX n - 358, 40f a $ Mann St Chos Hy - 858A00. ES4 fan! 7OA 201A () ( sharpn ILA# 2025-PCT1-022 Resurface of Sharp Road, incorporated City Limits of Gunter, TX 1,955.181 ft : 5 lny ChyP ais 035 1,955.180 201A aap) - ILA# 2025-PCTI-022 EXHIBIT "B" Grayson County Estimate #: Precinct 1 2025033 1312EFM 1417 Sherman, Texas 75090 Customer: 903.893.2033 City of Gunter Estimate Date: 4/11/2025 Sharp Rd: : Rebuild Cost per Unit Quantily (HWY 289 to 358' South of HWY 289) Widthx Length: :18 x 358" $2.00 per sq ff 6,444 $12,888.00 $12,888.00 Sharp Rd: : Single Seal Coat Cost per Unit Quantily (358" from HWY 289 to Cily Limit Line) Width x Length : 18' x 1,955' $0.30 per: sqft 35,190 $10,557.00 $10,557.00 Total Estimate: $23,445.00 *Please note this total is an estimate only and is subject to change due to material cost increase. ILA# 2025-PCTI-022 E ( On CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #15 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 the Gunter ISD and the City of Gunter for real property. AGENDA: ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments CITY OF GUNTER, TEXAS RESOLUTION NO. A RESOLUTION OF THIE 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 AND ANY IMPROVEMENTS THEREON DESCRIBED AS AN 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 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 CITY OF GUNTER, TEXAS THAT: 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 ratified. SECTION 2: This Resolution shall become effective immediately upon its passage. SECTION 3. 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 6th day of March, 2025. APPROVED: Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary APPROVED AS TO FORM: Courtney Goodman-Morris, City Attorney 4898-4453-8899, V. 1 EXHIBIT A Real Estate Purchase and Sale Agreement between City and GISD [to be attached] PURCHASE, AND SALE AGREEMENT 1.00 acres +, City of Gunter, Grayson County, Texas THIS PURCHASE AND SALE AGREEMENT (this "Agreement")i 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 are indicated by initial capital letters. Defined terms shall 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 Property, all upon the terms and conditions set forth in this Agreement. 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, Purchaser and Seller agree as follows: ARTICLE 1 BASIC INFORMATION Section 1.1 Certain Defined Terms The following defined terms shall have the meanings set forth below: A. Closing. The completion ofthe transaction described in this Agreement. B. Closing Date. The date that is thirty (30) days after expiration of the Inspection Period. C. Cure Period. The period beginning on the date Seller receives Purchaser's Objections and ending on the date that is ten (10) days thereafter. D. Due Diligence Delivery Date. The date that is ten (10) days after the Effective Date. 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 Effective Date. G. Effective Date. The date on which the following conditions have been satisfied: Purchase and Sale Agreement Page 1 Authorized representatives of the parties have signed this Agreément; and (ii) ai fully signed copy ofthis Agreement has been delivered to the Title Company as acknowledged by the Title Company's signed receipt. H. Inspection Period. The period beginning on 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 ofland, 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 ofthe () initial Title Commitment, (ii) Title Documents, and (iii) 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 Effective Date. O. Title Company. Fair Texas Title Company, 515 N. Travis, Sherman, Texas 75090 (Mati Rutledge). P. Title Termination Period. The period beginning on the expiration of the Cure 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 Title Commitment Seller Premium for standard form Title Policy Seller Premium for endorsements or additional coverage for the Title Purchaser Policy New or Updated Survey Purchaser Purchase and Sale Agreement Page 2 Recording Fees Purchaser Escrow Fee charged by Title Company Evenly split between Purchaser and Seller Commission to Purchaser", S Broker, if any Purchaser Commission to Seller's Broker, if any Seller All other Closing costs, expenses, charges and fees customarily Purchaser paid by purchasers in Grayson County, Texas. Purchaser's attorneys' fees. All other Closing costs, expenses, charges and fees customarily Seller paid by sellers in Grayson County, Texas. Seller's attorneys' fees. Section 1.3 Notice Addresses Seller: Gunter Independent School District Attn: Scott Martindale 213 N. 8th Street Gunter, Texas 75058 Email: marinalc@gunterslon with copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Chris Zillmer 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Email: Almercahmashv-acen Purchaser: City of Gunter Attn: Karen Souther, Mayor 105 N. 4th Street Gunter, Texas 75058 Email: arnsuterdcisueikus with copy to: Nichols Jackson, LLP Attn: Courtney Goodman-Morris 500 N. Akard Street, Suite 1800 Dallas, Texas 75201 Email: momianclosieisemnson Purchase and Sale Agreement Page3 Title Company: Fair Texas Title Company Attn: Mati Rutledge 515 N. Travis Sherman, Texas 75090 Email: ARTICLE 2 PROPERTY Section 2.1 Property Description Upon the terms and conditions hereinafter stated, Seller hereby agrees to sell and convey to 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 () 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, (ii) 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, if 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 of 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 of occupancy, 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 ofthe Real Property (collectively, "Licenses and Permits"). Purchase and Sale Agreement Page 4 D. Minerals Excluded. The Property, however, shall exclude any right, title, or interest ofSelleri in and to all oil, gas, and other minerals pertaining to 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 of this Agreement. ARTICLE 3 PURCHASE PRICE Purchaser agrees to purchase the Property at the Purchase Price and upon the terms set forth herein. At Closing, Purchaser shall deliver to Seller the Purchase Price in cash or other immediate funds. ARTICLE 4 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. If Purchaser 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 the Purchaser pursuant to the terms of this Agreement. The Earnest Money shall be credited to the Purchase Price at Closing. ARTICLE 5 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 of the Property, if any (the "Survey"). Ifrequested by Purchaser or Purchaser's lender, Purchaser, at its sole cost, shall obtain a 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 Page 5 B. Title Commitment. On or before the Title Commitment Delivery Date, Seller shall deliver or cause to be delivered to Purchaser (i) a title commitment (the "Title Commitment") covering the Property binding the Title Company to 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 of 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 ofthe Texas Water Code. Ifthe Property is subject to mandatory membership in a property owner's association, Seller shall notify Purchaser of 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. If Purchaser 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 shall be a waiver ofPurchaser'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.' 99 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, but 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: (i) 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 (iii) judgments, liens and mortgages affecting the Property, and same shall not constitute Permitted Exceptions. Section 5.2 Due Diligence Purchase and Sale Agreement Page 6 On or prior to the Due Diligence Delivery Date, Seller shall deliver to Purchaser copies of all engineering investigations, soils reports, feasibility reports, tests, environmental studies, license agreements, lease agreements, management agreements, and other information related to the Property in Seller's possession. Notwithstanding Seller's delivery of the above described studies, tests and other due diligence material, if any, Purchaser acknowledges that any information of any type which Purchaser has received or may receive from Seller, or its agents, is furnished to Purchaser as a courtesy only and on the express condition that Purchaser shall make an independent verification ofthe accuracy of such information, and that all such information is being furnished without any representation or warranty by Seller as to the 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 of any 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 furnished due diligence materials. If this 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 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 if the same is suitable for Purchaser", S intended use. If Purchaser 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 to 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 for all damages occasioned to the Property arising out ofthe entry upon or testing ofthe Property, and this indemnity and covenant will survive the Closing or termination of this Agreement for a period of twelve (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 in part, by Seller's grossly negligent act or omission or to the Purchase and Sale Agreement Page 7 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 material or dangerous condition. 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 Cofthe 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 C of1 the 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 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 of 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 ofthe Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, if any, 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 of Closing. E. Litigation. To Seller's knowledge, there is no pending or threatened litigation, condemnation, or assessment affecting any ofthe 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 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 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 a resident in, or organized or chartered under the laws of, (i) 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, of which the United States is a 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 of the State ofTexas. The execution and delivery of this Agreement by those executing this Agreement on Seller's behalf and Seller's performance of this 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 (i) executing or delivering this Agreement; (ii) complying with the terms of this Agreement or (ii) 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. No Material Defects. To the best of Seller's knowledge, there are no material defects in the Property. K. Compliance with Laws. To the best of Seller's current actual knowledge, neither the Property, nor Seller are currently subject to (i). any existing, pending or threatened investigation or inquiry by any governmental authority or (ii) any remedial obligations, under any applicable Purchase and Sale Agreement Page 9 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 ofthe 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, LXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS ASTO MATTERS OF TITLE (OTHER THAN SELLER'S WARRANTY OF TITLE SET FORTH IN THE DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCE, 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 INDIRECTLY,ANY REPRESENTATION OR WARRANTY OF SELLER OR SELLER'S REPRESENTATIVES. PURCHASER 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 CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUTNOTLIMITED TO, LATENT: DEFECTS. AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS. 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 OF THE PROPERTY AND THE EXISTENCE ORNONEMISTENCE OF, OR CURATIVE 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 THIEREIN. Purchase and Sale Agreement Page 10 Section 6.2 Purchaser's Representations and Warranties Purchaser represents and warrants to Seller as of the Effective Date and as of the Closing as follows: A. Organization and Authority. Purchaser 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's performance 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 of 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 ofthe State of Texas and have all the requisite power and authority to enter into, deliver and perform this Agreement. B. Litigation. To 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 to Purchaser. To the best ofPurchaser's knowledge, Purchaser is not included on the List of Specially Designated Nationals and Blocked Persons maintained by the OFAC, or is a resident in, or organized or chartered under the laws of, (i) 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, of which the United States is a 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 (i) executing or delivering this Agreement; (ii) complying with the terms of this Agreement or (iri) 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 having, jurisdiction over Purchaser. Section 6.3 Knowledge A. Seller's Knowledge. For purposes of this Agreement and any closing document, whenever the phrase "to Seller's actual knowledge, 27 "to Seller's knowledge, 29 "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 such person ofthe 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 is in no manner expressly or 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, 3 "to Purchaser's knowledge," 77 "the knowledge of Purchaser," 27 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 ofi inquiry 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 If 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 (iii) 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 ofSeller concerning the permitted uses of the Property or with respect to any nonconformance of the Property. ARTICLE 7 CLOSING Section 7.1 Closing Date Purchase and Sale Agreement Page 12 The Closing shall occur on, orbefore 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 to 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 to 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 in area;" C. A 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 Selller: 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 Each party shall pay its respective costs associated with the Closing in accordance with Section 1.2 above. 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 to the Property accruing on or after the Closing Date. Seller shall not be responsible for any ad valorem taxes or assessments applicable to the 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 If a 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 the taxable value ofthe land that ist the subject ofthis Agreement is determined by a special appraisal method that allows for appraisal of 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 of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use ofthe land. The taxable value oft the land and the applicable method ofappraisal is public information and may be obtained from the tax appraisal district established for the county in which the land is located. ARTICLE 8 CASUALTY LOSS; 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. If the 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 à 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 oft the 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. If the 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 condemnation awards. Purchase and Sale Agreement Page 14 ARTICLE 9 DEFAULT Section 9.1 Purchaser's Remedies If 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 (ii) 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 ofwritten 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. ARTICLE 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 survive any 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. ARTICLE 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: (i) 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 of this Agreement. Purchase and Sale Agreement Page 15 Any party may change its address for notice purposes by delivering written notice ofi its 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 ofwhom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions hereof shall be construed in accordance with 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 The 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 (i) Purchaser delivers written notice to Seller prior to such assignment, (i) the assignee expressly assumes all of the obligations of Purchaser hereunder in a written agreement, and (iri) such written agreement is delivered to Seller prior to the Closing Date. This Agreement shall be binding upon and inure to the 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 ofthe parties hereto. The 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 in this Agreement not otherwise consummated at the Closing will survive the Closing of this transaction for a period of one (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. If the 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 The term business day" shall mean days elapsed exclusive of Saturday, Sunday or recognized holidays. Section 11.10 Governing Law 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 be performed in the county where the Property is located. Section 11.11 Severability If any 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 of identical 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 in 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 It is expressly understood and agreed that, in the execution of 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. ARTICLE 12 ADDITIONAL TERMS 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. If not 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 The 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. If the 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 of no further force or effect, and all Earnest Money including the Independent Consideration shall be immediately returned to Purchaser. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] Purchase and Sale Agreement Page 18 EXECUTED on the dates stated below, but to 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 2025, at (a.m./p.m.) and agrees to act as the Title Company under the foregoing Agreement in accordance with the terms and conditions set forth in this Agreement. TITLE COMPANY: By: Name: Title: Attn: Phone: Email: Purchase and Sale Agreement Page 20 EXHIBIT "A" LEGAL: DESCRIPTION A certain 1.00 acre parcel ofreal property located in the City of Gunter, Grayson County, Texas. Legal Owner Name Parcel ID Geo ID Legal Description Acreage OTP GUNTER, BLOCK 38, GUNTERISD 151917 G002 5850090 LOT 13 THRU 18, 300 X 145 1.00 Purchase and Sale Agreement Page 21 EXHIBIT "A-1" DEPICTION OF THE] LAND ELM Purchase and Sale Agreement Page 22 EXHIBIT "B" SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHATHATTRANSFERS 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. STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GRAYSON 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, however, 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 ofingress and egress to enter upon the surface of 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 shall 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 the title to 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 AS EXPRESSLY PROVIDED HEREIN OR IN THAT CERTAIN PURCHASE AND SALE. AGREEMENT, DATED BY AND BETWEEN GRANTOR AND GRANTEE (THE TURCIASEAGREMENTA ITIS UNDERSTOOD AND AGREED THAT 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 AS TO 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 RELATING TO 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, BUT NOT LIMITED TO, LATENT DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOTHAVE 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 NECESSARY TO SATISFY ITSELF AS TO THE 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. GRANTEE ACKNOWLEDGES AND AGREES THAT UPON RECEIPT OF THIS DEED, GRANTEE 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 GRANTOR OR ANY THIRD PARTY. FURTHER, GRANTEE HEREBY ACKNOWLEDGES TO GRANTOR THAT GRANTEE AND GRANTOR ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION. [Signature page. 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 BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared of Gunter Independent School District, who on his/her oath stated that s/he signed this instrument on behalf of Gunter Independent School 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 of Texas 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 3 Purchase and Sale Agreement Page 27 E IY O CITY COUNCIL MEETING GUNGERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #16 Discuss, consider, and act upon the removal of Cyndy Davis from the Gunter Municipal Development District (GMDD) Place 4. AGENDA ITEM UNMARYBACKGROIND PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E I 1Y CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #17 Discuss, consider, and act upon moving the City Councils Regular Meeting from the first Thursday at 5:00 p.m., to the second Tuesday at 6:00 p.m. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E Yy 9 CITY COUNCIL MEETING GUNERI February 20, 2025 EST. 1901 6:00 PM AGENDA ITEM # 18 Discuss, consider, and act upon authorizing CivicPlus to move forward with AudioEye to allow our website to be ADA (American Disability Act) compliance. AGENDA ITEM SUMMARY/BACKGROUND: AudioEye is installed on the site, and it certifies that the website is ADA-compliant. Civic Plus builds the back end of the website to AA compliance, and it is incumbent upon the city to ensure that the content is ADA Compliant to the AA level. AudioEye is an automatic system with a manual component (by AudioEye, not Gunter) to bring the website up to compliance. All cities must be in compliance by April 26, 2027. It is $1,250 for the first year and $2,500 for the second and subsequent years for a city of Gunter's size. PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E 1Y O CITY COUNCIL MEETING GUNNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #19 Discuss, consider, and act upon approving mid-year Budget Amendments for city departments. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a I TYV 1 C , CITY COUNCIL MEETING GUNERI April 17,2025 EST. 1901 6:00 PM AGENDA ITEM #20 Discuss, consider, and act upon authorizing staff to move forward with an RFQ (Request for Qualifications) for a Municipal Judge and Municipal Prosecutor. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E I YV 1 CITY COUNCIL MEETING GUNERI April 17,2025 EST. 1901 6:00 PM AGENDA ITEM #21 Discuss, consider, and act upon a Petition for Services otherwise provided by Greenbrier Hills Municipal Utility District (MUD) of Grayson County. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments AAR 21 2025 1024am gh PETITION FOR SERVICES OTHERWISE PROVIDED BY GREENBRIER HILLS MUNICIPAL UTILITY DISTRICT OF GRAYSON COUNTY THE STATE OF TEXAS COUNTY OF GRAYSON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GUNTER: The undersigned petitioner (herein the "Petitioner", whether one or more), being a majority of the persons who hold title to land(s) situated within the area hereinafter described, which represents a total value of more than 50% of the value of all such area, and being ai majority in value ofthe holders oftitle ofthe land within said area as indicated by the tax rolls ofthe Grayson Central Appraisal District, acting pursuant to the applicable provisions of the Texas Water Code, as amended, and Section 42.042, Texas Local Government Code, together with all amendments and additions thereto, previously petitioned the City Council ofthe City of Gunter on December 9, 2024 for consent to the creation of Greenbrier Hills Municipal Utility District of Grayson County (the "District"). The City Council of the City of Gunter failed or refused to give such consent within 90 days of the date it received the petition; therefore, Petitioner now respectfully petitions that the City of Gunter make available to such land the water and sanitary sewer services that would otherwise be provided by the District. In support oft this petition, Petitioner shows as follows: I. Petitioner is the owner and holder of fee simple title to the land sought to be served by the City of Gunter, as indicated by the tax rolls of the central appraisal district of Grayson County, Texas. Petitioner represents and warrants that there are no holders of liens against said lands. II. The land sought to be served by the City ofGunter contains approximately 492.591 acres ofland, more or less, and lies wholly within Grayson County, Texas. No part ofsaid area is within the limits ofanyi incorporated city or town. No part of said area is within the limits of anyi incorporated city or town. Under the provisions ofSections 42.101-05, Local Government Code, as amended, no part of said area is located within the extraterritorial jurisdiction of any incorporated city or town. Any area that was previously within the extraterritorial jurisdiction of any incorporated city or town, including a portion ofwhich that was previously in the extraterritorial jurisdiction of Gunter, has been removed by petition in accordance with Sections 42.101-05, Local Government Code, as amended, and is now wholly outside of any incorporated city or town's extraterritorial jurisdiction. Any incorporated city or town which previously held extraterritorial jurisdiction over said area, including the City of Gunter, either released the area from the extraterritorial jurisdiction by formal action or did not respond within the statutory period found in Section 42.105(d), Local Government Code, resulting in said area being released from the extraterritorial jurisdiction by operation oflaw. Petitioner makes no representation that said area is within or will return to the extraterritorial jurisdiction of any incorporated city or town by the filing ofthis Petition. III. Thel land sought to be served by the City ofGunter is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature ofthe work proposed to be done in the area sought to be served shall be the construction, maintenance and operation ofa waterworks system, including the purchase and sale of water, for domestic and commercial purposes; the construction, maintenance and operation of a sanitary sewer collection, treatment and disposal system, for domestic and commercial purposes; the construction, installation, maintenance, purchase and operation of drainage and roadway facilities and improvements; and the construction, installation, maintenance, purchase and operation offacilities, systems, plants and enterprises of such additional facilities as shall be consonant with the purposes for which the District is organized. V. The land sought to be served by the City of Gunter is urban in nature, is within the growing environs of the City of Gunter, and is in close proximity to populous and developed sections of Grayson County. There is a necessity for the improvements described above because the land sought to be served by the City of Gunter: is not supplied with adequate water, sanitary sewer, drainage or roadway facilities, nor is it presently economically feasible for such facilities to be added to said land. The health and welfare oft the present and future inhabitants of the land sought to be served by the City of Gunter and of the territories adjacent thereto require the installation and acquisition of adequate water and sanitary sewer facilities for and within such land. A public necessity exists for the service of said lands by the City of Gunter to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the construction, extension, improvement, maintenance and operation of water and sanitary sewer facilities. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Gunter execute a legally binding contract on commercially reasonablet terms providing for the services requested herein with thet time limits prescribed by Section 42.042, Texas Local Government Code, as amended. [SIGNATURE PAGE FOLLOWS] EXECUTED THIS day of 2025. PETITIONER Four B Investments, Ltd. a' Texas limited partnership by: BCBH Management, LLC its General Partner By Charles R. Biddle Manager STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before on Dhask 10, 2025, by Charles R. Biddle, Manager of BCBH Management, LLC, a Texas limited liability company, as the General Partner ofFour B Investments, Ltd., a' Texas limited partnership, on behalf of said company and partnership. ISEAL / Bw Uo Lynda M Anderson Notary Public, State ofTexas My Commission Expires 03/15/2025 ID No. 7074514 VVAV & EXHIBIT A LEGAL DESCRIPTION MUD DISTRICT (492.591 ACRES) BEING aj parcel ofland located in Grayson County, Texas, a part ofthe George H. Hale Survey, Abstract Number 497, a part of the Page Stanley Survey, Abstract Number 1116, being all ofthat called 151.651 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2012-4948, Official Public Records of Grayson County, Texas, being all of that called 119.772 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2006-31480, Official Public Records ofGrayson County, Texas, being all ofthat called 145.8 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2006- 31481, Official Public Records of Grayson County, Texas, and being all oft that called 75.000 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2010-10641, Official Public Records of Grayson County, Texas, and being further described as follows: BEGINNING at a five-eighths inch iron rod found at the northwest corner of said 151.651 acre tract, said point being the most easterly northeast corner oft that tract ofland described in City ofGunter Ordinance Number 060629-2; THENCE North 89 degrees 30 minutes 21 seconds East, 2,356.42 feet to a point at the northeast corner of said 151.651 acre tract, said point also being in the west right-of-way line ofF.M. Highway Number 121; THENCE South 00 degrees 56 minutes 31 seconds East, 1,863.34 feet along the west right-of-way line ofF.M. Highway Number 121 to a point for corner, said point also being in the north line of a 20 foot wide roadway access to Elliot Cemetery; THENCE along the common lines of said 151.651 acre tract and the north line of said 20 foot wide roadway access as follows: South 89 degrees 33 minutes 39 seconds West, 1,201.89 feet to a point for corner; Northwesterly, 23.29 feet along a curve to the right, having a central angle of30 degrees 52 minutes 20 seconds, a radius of 43.22 feet, a tangent of11.93 feet, and whose chord bears North 75 degrees 00 minutes 15 seconds West, 23.01 feet to aj point for corner; North 59 degrees 35 minutes 35 seconds West, 488.43 to a point for corner; Northwesterly, 309.54 feet along a curve to the left, having a central angle of15 degrees 17: minutes 20 seconds, a radius of1,160.00 feet, a tangent of155.69 feet, and whose chord bears North 67 degrees 14 minutes 16 seconds West, 308.62 feet to a point for corner in the east line oft that tract ofland described in deed to Elliot Cemetery Association as recorded in Volume 5083, Page 845, Official Public Records ofGrayson County, Texas; THENCE along the common lines of said 151.651 acre tract and said Elliot Cemetery tract as follows: North 04 degrees 27 minutes 01 seconds West, 318.55 feet to a point at the northeast corner of said Elliot Cemetery; North 89 degrees 55 minutes 28 seconds West, 259.82 feet to a point at the northwest corner of said Elliot Cemetery; South 04 degrees 25 minutes 28 seconds East, 235.00 feet to a point for corner; South 02 degrees 50 minutes 18 seconds East, 202.51 feet to a point at the southwest corner of said Elliot Cemetery; North 89 degrees 15 minutes 37 seconds East, 165.82 feet to a point for corner; South 72 degrees 35 minutes 34 seconds East, 107.03 feet to a point at the southeast corner of said Elliot Cemetery; North 04 degrees 27 minutes 01 seconds West, 127.71 feet to a point for corner, said point being in the south line of said 20 foot wide roadway access strip: THENCE along the common lines of said 151.651 acre tract and the south line of said 20 foot wide roadway access as follows: Southeasterly, 297.08 feet along a curve to the right, having a central angle of 14 degrees 55 minutes 52 seconds, a radius of 1,140.00 feet, a tangent of 149.39 feet, and whose chord bears South 67 degrees 03 minutes 32 seconds East, 296.24 feet to a point for corner; South 59 degrees 35 minutes 35 seconds East, 488.45 feet to a point for corner; Southeasterly, 34.04 feet along a curve to the left, having a central angle of 30 degrees 51 minutes 00 seconds, a radius of 63.22 feet, a tangent of17.44 feet, and whose chord bears South 75 degrees 00 minutes 58 seconds East, 33.63 feet to a point for corner, said point being in the west line oft that tract ofland described in deed to the Cheryl Lynn Baylie Trust as recorded in Document Number 2019-29467, Official Public Records of Grayson County, Texas; THENCE South 01 degrees 00 minutes 42 seconds East, 503.11 feet along a west line of said 151.651 acre tract to the southwest corner of said Cheryl Lynn Baylie Trust tract, said point also being in the north line of said 145.8 acre tract; THENCE along the common lines of said 145.8 acre tract and the said Cheryl Lynn Baylie Trust tract as follows: South 73 degrees 12 minutes 22 seconds East, 395.00 feet to the southeast corner ofs said Cheryl Lynn Baylie Trust tract; North 16 degrees 21 minutes 50 seconds East, 647.76 feet to a point for corner, said point being in the south line of said 20 foot wide roadway access strip; THENCE North 89 degrees 33 minutes 39 seconds East, 632.51 feet along the south line of said 20 foot wide roadway access to a point at the most northerly northeast corner of said 145.8 acre tract; THENCE along the east line of said 145.8 acre tract as follows: South 00 degrees 54 minutes 50 seconds East, 169.02 feet to a point for corner; Southeasterly, 175.34 feet along a curve to the left, having a central angle of 16 degrees 39 minutes 41 seconds, a radius of 602.96 feet, a tangent of 88.29 feet, and whose chord bears South 09 degrees 14 minutes 40 seconds East, 174.72 feet to a point for corner, South 00 degrees 32 minutes 55 seconds East, 1,163.78 feet to a point for corner; South 89 degrees 36 minutes 04 seconds East, 885.45 feet to a point for corner, said point being the most easterly northeast corner of said 145.8 acre tract. said point also being in the west line of Muncy Road; South 00 degrees 44 minutes 05 seconds West, 1,129.97 feet along the west line of Muncy Road to the southeast corner of said 145.8 acre tract, said point also being in the approximate centerline of Stanley Creek; THENCE along the: south line of said 145.8 acre tract and the approximate centerline of Stanley Creek as follows: North 76 degrees 44 minutes 50 seconds West, 55.31 feet to a point for corner; South 61 degrees 54 minutes 17 seconds West, 72.23 feet to a point for corner; South 67 degrees 20 minutes 03 seconds West, 174.18 feet to a point for corner, North 44 degrees 34 minutes 33 seconds West, 91.61 feet to a point for corner; North 27 degrees 08 minutes 31 seconds West, 180.56 feet to a point for corner; North 65 degrees 54 minutes 55 seconds West, 161.66 feet to a point for corner; North 78 degrees 23 minutes 04 seconds West, 390.56 feet to a point for corner; South 74 degrees 43 minutes 25 seconds West, 226.20 feet to a point for corner; North 87 degrees 15 minutes 31 seconds West, 107.60 feet to a point for corner; North 67 degrees 50 minutes 59 seconds West, 101.69 feet to a point for corner, North 63 degrees 14 minutes 45 seconds West, 201.83 feet to a point for corner; South 78 degrees 17 minutes 52 seconds West, 60.38 feet to a point for corner; South 55 degrees 28 minutes 02 seconds West, 151.59 feet to a point for corner; South 38 degrees 35 minutes 49 seconds West, 66.60 feet to a point for corner; North 64 degrees 56 minutes 22 seconds West, 166.09 feet to a point for corner; North 77 degrees 45 minutes 03 seconds West, 213.55 feet to a point for corner; North 36 degrees 55 minutes 46 seconds West, 125.06 feet to a point for corner; South 88 degrees 43 minutes 27 seconds West, 105.77 feet to a point for corner; South 20 degrees 44 minutes 48 seconds West, 110.47 feet to a point for corner; South 53 degrees 01 minutes 49 seconds West, 57.80 feet to a point for corner; South 89 degrees 09 minutes 44 seconds West, 123.36 feet to a point for corner; South 48 degrees 45 minutes 26 seconds West, 476.06 feet to a point for corner in al lake, said point being the southwest corner of said 145.8 acre tract, said point also being the southeast corner of said 75.000 acre tract; THENCE along the south line of said 75.000 acre tract as follows: South 57 degrees 45 minutes 57 seconds West, 828.80 feet to a point for corner in a lake; South 89 degrees 11 minutes 44 seconds West, 2,179.83 feet to a point for corner; South 00 degrees 49 minutes 15 seconds East, 1,151.84 feet to a point at the most southerly southeast corner of said 75.000 acre tract, said point also being in the approximate centerline ofBurke Road; THENCE South 89 degrees 11 minutes 44 seconds West, 390.08 feet along the approximate centerline ofBurke Road to a point at the most southerly southwest corner of said 75.000 acre tract; THENCE North 00 degrees 49 minutes 15 seconds West, 1,240.38 feet to a point at the most westerly northwest corner of said 75.000 acre tract, said point also being the southwest corner of said 119.772 acre tract; THENCE North 01 degrees 15 minutes 27 seconds West, 1,408.80 feet to a one-halfinch iron rod found for corner in the west line of said 119.772 acre tract, said point also being in the east line of said City of Gunter City Limits per Ordinance Number 060629-2; THENCE North 00 degrees 17 minutes 06 seconds West, 1,897.02 feet along the east line of said City of Gunter City Limits per Ordinance Number 060629-2 to a point at the most westerly northwest corner of said 151.651 acre tract; THENCE along the common lines ofs said City of Gunter City Limits per Ordinance Number 060629-2 and said 151.651 acre tract as follows: North 89 degrees 13 minutes 44 seconds East, 2,134.10 feet to a point for corner; North 16 degrees 51 minutes 03 seconds East, 186.80 feet to a point for corner; North 89 degrees 11 minutes 27 seconds East, 433.77 feet to a one-halfinch iron rod found for corner; North 12 degrees 27 minutes 01 seconds West, 711.08 feet to a metal fence corner post found for corner; North 83 degrees 43 minutes 48 seconds East, 455.35 feet to a five-eighths inch iron rod found for corner; North 01 degrees 51 minutes 14 seconds West, 664.60 feet to the POINT OF BEGINNING and containing 21,457,246 square feet or 492.591 acres ofland. BASIS OF BEARING: THE BASIS OF BEARING IS BASED ON THE COORDINATE SYSTEM (NORTH CENTRAL ZONE 4202 STATE PLANE COORDINATES, NAD83). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES WITH A SCALE FACTOR FROM GRID TO SURFACE OF 1.00012. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.23, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. E I YP 44o CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #22 Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 147.89 acres, located on Fallon Road, and received from Heidelberg Materials Southwest Agg LLC, by Chris Hobby, on April 8, 2025. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments X ) , RECEVETO APR 0 8 7025 DAVID L. EARL EARL & ATTORNEYATI L4W/SHAREHOLDER JOHNATHAN L. EARL ASSOCIATES ATTORNEY, ATLAWISHAREHOLDER JEFFREY L. EARL attorneys at law ATTORNEY. ATL LAWISHAREHOLDER April 8, 2025 CITY OF GUNTER, TEXAS Sent via Hand Delivery & ATTN: Detra Gaines, City Secretary P.O. Box 349 CMRRR: 9589 0710 5270 1214 8051 50 Gunter, Texas 75058 City Hall CMRRR: 9589 0710 5270 1214 8051 81 105 N. 4th Street Gunter, Texas 75058 RE: Notice of Petition for Removal of Property from City of Gunter, Texas' ("City") Extraterritorial Jurisdiction ("ETJ") To Whom It May Concern: Please let this correspondence serve as a formal notice of the petition filed by our client, Heidelberg Materials Southwest Agg LLC ("Petitioner"), with the City Secretary's office on April 8, 2025, seeking removal of the property described therein from the City's ETJ (the "Petition"). The Petition has been filed in accordance with and pursuant to the authority granted under Chapter 42, Subchapter D, Texas Local Government Code. Petitioner is qualified to submit the Petition and satisfies the requirements of TEX. Loc. Gov'T CODE $ 42.104. Petitioner holds fee simple title to that certain real property described in the Petition, with such ownership constituting a majority in value of the holders of title of land described therein as indicated by the current tax rolls of the Grayson Central Appraisal District. Pursuant to Chapter 42, Subchapter D, Texas Local Government Code, the property described in the Petition filed with the Cityis required to be immediately released from the City's ETJI by action of the City Council, or if no action is taken in the period of time described in TEX. Loc. Gov'T CODE S 42.105(d), such property is released by operation of law. A copy of the Petition and its corresponding exhibits is attached hereto as Attachment 1. Thank you in advance for your prompt attention to this matter. Should you have any questions or concerns regarding the above or the attached please have your legal counsel contact me directly at (210) 868-6500 orjohn@ear-aw.com, Respectfully, EARL & ASSOCIATES, P.C. /s/ MlE By: Johnathan L. Earl, Attorney at Law Enclosure(s): Attachment 1 (Petition) 10007. Huebner. Rd, Ste. 303, San. Antonio, Tèxas 78240 - Phone 210-868-6500 - Facsimile 210-405-5228 STATE OF TEXAS COUNTY OF GRAYSON 3 PETITION FOR RELEASE OF PROPERTY FROM THE CITY OF GUNTER, TEXAS' EXTRATERRITORIAL JURISDICTION TO' THE CITY OF GUNTER, TEXAS: WHEREAS, Senate Bill 2038 was passed by the Texas Legislature in the 88th Regular Session, and signed by Governor Greg Abbott on May 19, 2023, and became effective on September 1, 2023; and WHEREAS, upon the effective date of S.B. 2038, Chapter 42 of the Texas Local Government Code was amended to reflect the addition of Subchapters D and E, which provide landowners owning property within a municipality's extraterritorial jurisdiction with a process for attaining immediate release of such property therefrom; and WHEREAS, the property that is the subject of this petition and sought to be removed from the City of Gunter, Texas' ("City") Extraterritorial Jurisdiction ("City's ETJ"), is more fully described by the metes and bounds description and map contained in Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Property is not located within five (5) miles of the boundary of a military base conducting an active training program; and WHEREAS, the Property was not voluntarily annexed into the City's ETJ; and the Property is neither: () located in a county in which the population grew by more than Fifty percent (50%) from the previous federal decennial census in the federal decennial census conducted in 2020; nor (ii) is the Property located in a county that has a population greater than Two Hundred and Forty Thousand (240,000); and WHEREAS, the Property, being wholly located in Grayson County, Texas, does not constitute an area within a portion of the City's ETJ that is: () within Fifteen (15) miles of the boundary of a military base, as defined by Section 43.0117; and (i) in a county with aj population of more than Two Million (2,000,000); and WHEREAS, the Property is not located within an area designated as an industrial district under TEX. Loc. GOV'TCODE $ 42.044; and WHEREAS, the Property is not located in an area subject to a strategic partnership agreement entered into under TEX. Loc. GOV'T CODE $ 43.0751; and WHEREAS, in accordance with TEX. Loc. GOv'T CODE $ 42.102(b), the undersigned Petitioner is the owner of the majority in value of an area consisting of one (1) or more parcels of Petitionfor the Release ofi Propertyfrom the City ofGunter' s ETJ land in the City's ETJ and, as such, files this Petition for Release of Property from the City of Gunter's Extraterritorial Jurisdiction (the "Petition") pursuant to such authority; and WHEREAS, this Petition is submitted and signed in compliance with requirements for submitting aj petition found under Chapter 277 oft the Texas Election Code; and WHEREAS, TEX. Loc. Gov'T CODE $ 42.102 mandates that when a petition is verified to contain the required signatures to release the Property from the extraterritorial jurisdiction, the municipality "shall immediately release the [Property] from the municipality's extraterritorial jurisdiction." NOW, THEREFORE, THE UNDERSIGNED PETITIONER HEREBY PETITIONS FOR THE RELEASE OF PROPERTY FROM THE CITY OF GUNTER, TEXAS' EXTRATERRITORIAL JURISDICTION AS FOLLOWS: I. INCORPORATION OF RECITALS The above recitals are hereby incorporated by reference for all intents and purposes as if fully restated herein. II. PURPOSE & AUTHORITY This Petition is submitted, filed, and executed by the undersigned Petitioner pursuant to and in accordance with the authority of Chapter 42, Subchapter D, of the Texas Local Government Code, for release oft the Property from the City's ETJ. II. QUALIFICATION OF PETITIONER & AUTHORITY UNDER TEX. LOC. GOVT CODE S 42.104 Petitioner, Heidelberg Materials Southwest Agg LLC, was. formerly known as "Lehigh Hanson Materials South LLC" prior to its duly filed Certificate of Amendment with the Texas Secretary of State's Office, with such amendment effective January 1, 2023, as evidenced by that certain Certificate of Filing issued by the Texas Secretary of State's Office and dated December 12, 2022, a copy of which is attached hereto as Exhibit B. Petitioner is qualified to submit this Petition under the authority of Chapter 42, Subchapter D, Texas Local Government Code, and satisfies the requirements of TEX. Loc. GOV'TCODE $ 42.104, as Petitioner holds fee simple title to the Property described in Exhibit A, attached hereto, and such ownership constitutes a majority in value of the holders of title of land in the area described by this Petition, as indicated by the tax rolls of the Grayson Central Appraisal District. The date upon which this Petition is filed is within the One Hundred and Eightieth (180th) day after the date the first signature hereto was obtained, and as such, this Petition satisfies the signature requirement of TEX. Loc. GOV'TCODE $ 42.104(a). Petitionfor the Release ofProperlyfrom the City of Gunter' 's ETJ IV. PROPERTY SUBJECT TO PETITION FOR RELEASE FROM CITY'S ETJ The Property subject to this Petition constitutes one (1) or more parcels of land within a portion ofi the City's ETI, of which Petitioner is the owner of the majority in value of such area, and with such portion not being located: a. Within five (5) miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; b. In an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: () in which the population grew by more than Fifty Percent (50%) from the previous federal decennial census in the federal decennial census conducted in 2020; and (ii) that has a population greater than Two Hundred and Forty Thousand (240,000); C. Within the portion of the extraterritorial jurisdiction of a municipality with a population of more than One Million and Four Hundred Thousand (1,400,000) that is: (i) within Fifteen (15) miles of the boundary of a military base, as defined by TEX. Loc. Gov'T CODE $ 43.0117, at which an active training program is conducted; and (ii) in a county with a population of more than Two Million (2,000,000); d. In an area designated as an industrial district under TEX. Loc. GOv'T CODE $ 42.044; or e. In an area subject to a strategic partnership agreement entered into under TEX. Loc. GOV'T CODE $ 43.0751. The Property subject to this Petition is described by the metes and bounds description, and depicted in the map, that are attached hereto as Exhibit A. The Property being petitioned for release from the City's ETJ is situated entirely within Grayson County, Texas. The Property may properly and legally be removed from the City's ETJ, as it meets all of the requirements prescribed by Chapter 42, Texas Local Government Code, Subchapter D. None of the land within the Property is within the city limits of any municipality and is located solely within the City's ETJ. V. PETITIONERS REQUEST Attached to this Petition as "Exhibit C" is a sworn Affidavit of the holder(s) of fee simple title to more than Fifty Percent (50%) of the appraised value of taxable real property petitioned to be removed from the City's ETJ, as indicated by the tax rolls of the Grayson Central Appraisal District. The duly authorized and executed Affidavit sets forth the Petitioner's request and consent to the release of the Property from the City's ETJ, as requested in this Petition. Additionally, attached to this Petition as "Exhibit D" is evidence of Petitioner's 1 TEX. LOC. Gov'T CODE $ 42.151 Petitionfor the Release of Propertyfrom the City ofGunter's 's ETJ ownership of the Property in the form of: () a Special Warranty Deed, duly executed and recorded under Document No. 2021-43527 in the Property Records of Grayson County, Texas. VI. VERIFICATION BY CITY SECRETARY UNDER TEX. LOC. GOV'T CODE $ 42.105 In accordance with TEX. Loc. GoV'T CODE $ 42.105(a), this Petition is submitted and filed with the City Secretary for the City of Gunter, Texas, as such person is designated by the City as the person responsible for verifying all signatures on the Petition. VII. NOTICE TO LANDOWNERS) BY CITY In accordance with and pursuant to TEX. Loc. Gov'T CODE $ 42.105(b), the City is required to notify the landowner(s) of the Property subject to this Petition of the results of the same, being the release of the Property from the City's ETJ. Satisfaction of this requirement may be met by providing written notice to Petitioner at the following addresses: Heidelberg Materials Southwest Agg LLC (f/k/a Lehigh Hanson Materials South LLC) clo Michael P. Comodeca Senior. Associate General Counsel Southwest Region Heidelberg Materials 300 E. John Carpenter Fwy, Irving, Texas 75062 Email: midhaelcomodeadheidelbemmsicialk.con With a Copy to the Law Firm of: EARL & ASSOCIATES, P.C. Attn: Johnathan L. Earl Attorney for Petitioner 10007 Huebner Road, Ste. 303 San Antonio, Texas 78240 Telephone: (210) 868-6500 Email: johnearl-law.com VIII. RELEASE OF PROPERTY FROM A CITY'S EXTRATERRITORIAL JURISDICTION MANDATED BY TEXAS LAW Pursuant to authority under TEX. Loc. Gov'T CODE $ 42.105(c), with Petitioner having submitted this Petition and meeting the signature requirements under TEX. Loc. Gov'T CODE $ 42.104, as well as having satisfied all other such other requirements as may be applicable under Chapter 42, Subchapter D, Texas Local Government Code, the City shall immediately release the Property from its Extraterritorial Jurisdiction. Petitionfor the. Release ofProperlyfrom the City ofGunter's ETJ A failure by the City to take action releasing the Property from its ETJ by the later of: (i) the Forty-fifth (45th) day after the date the City receives this Petition; or (ii) the next meeting of the City's governing body that occurs after the Thirtieth (30th) day after the date the City receives this Petition, results in the Property being released from the City's ETJ by operation of law. TEX. Loc. GOV'TCODE $ 42.105(d). IX. REGULATION OF PROPERTY AFTER RELEASE FROM EXTRATERRITORIAL JURISDICTION Pursuant to and in accordance with TEX. Loc. GOV'TCODE 8 242.001(), to the extent the Property described by this Petition is subject to an agreement under TEX. Loc. Gov'T CODE $ 242.001(c), such agreement is terminated as to the Property. The County of Grayson, Texas, is the political subdivision authorized to regulate subdivisions in the Property once removed from the City's ETJ as required by law. RESPECTFULLY SUBMITTED and FILED on this day of 2025. Heidelberg Materials Southwest Agg LLC, A Texas Limited Liability Company, f/k/a "Lehigh Hanson Materials South LLC" - - - A By: Name: hn ASS Title: KesieNt Date of] Birth: Residential Address: 1251 BilmoDL Sbulhake N 7604Z Date: 4.B.7025 ACKNOWLEDGEMENT ON FOLLOWING PAGE] Petitionfor the Release ofPropertyfrom the City of Gunter's ETJ ACKNOWIEDGEMENT STATE OF TEXAS COUNTY OF Dalas S This instrument was signed before me on this the I day of hoy 2025, by Chris HDI $ u acting on behalf of Heidelberg Materials Southwest Agg LLC, a Texas 1 imited Liability Company (formerly known as "Lehigh Hanson Materials South LLC", for which he/she serves as VC8T wli with such company being the owner of Property (as defined above) included and described in this Petition. SWORN AND SUBSCRIBED TO before me, the undersigned authority, on this the day of YL 2025. TAMMIE L. JIMENEZ Notary! Public, State of1 Texas AMM Comm. Expires 11-16-2026 Notary Public in and for the State of fexas Notery ID 11342479 Petitionfor the Release ofH Propertyfrom the City ofGunter'sETJ EXHIBIT "A" METES AND BOUNDS DESCRIPTION AND MAP OF PROPERTY IN GRAYSON COUNTY PETITIONED TO BE RELEASED FROM THE CITY'S ETJ Exhibit "A" 14350 Northbrook! Drive, Suite 101 San Antonio, TX78232 BASELINE DECM Office: 210.490.7847 BaselineSurveyersnet: TxSurv F-10030200 Heidelberg Materials Job No. 70091.0000 Grayson County, Texas April 01, 2025 POLITICAL SUBDIMISION DESCRIPTION LEHIGH HANSON MATERIALS SOUTH LLC LANDS WITHIN CITY OF GUNTER EXTRA-TERRITORIAL JURISDICTION BEING TWO TRACTS OF LAND TOTALLING 147.89 ACRES WITHIN THE CITY OF GUNTER EXTRA-TERRITORIAL JURISDICTION POLITICAL SUBDIVISION, OUT OF THE JOHN ALDRIDGE SURVEY, ABSTRACT 36 AND THE D. PERRY SURVEY, ABSTRACT 966, GRAYSON COUNTY, TEXAS, PART ONE BEING 11.09-ACRE [483,079 SQ. FT.] TRACT AND PART TWO BEING A 136.80-ACRE [5,959,333 SQ. FT.] TRACT BOTH OUT OF THAT CALLED 153.50-ACRE TRACT DESCRIBED TO LEHIGH HANSON MATERIALS SOUTH LLC AS RECORDED IN DOCUMENT NUMBER 2021-43527 OF THE OFFICIAL RECORDS OF GRAYSON COUNTY, TEXAS [O.R.G.C.T.J, SAID 147.89 ACRES BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART ONE - 11.09 ACRES BEGINNING at a point in the west right-of-way line of State Highway 289, a varying width right-of- way, no record information found, for the northeast corner of that called 3.703-acre tract described to Brett Spencer Holdings, LLC, as recorded in Document Number 2025-2605, O.R.G.C.T., the south corner of that called 50.609-acre tract described to Quadkore9, LLC, being further described in Volume 2794, Page 630, O.R.G.C.T., the southeast corner of said 153.50-acre tract, and the southeast corner of the 11.09-acre tract described herein; THENCE leaving said west right-of-way line of State Highway 289, with the south line of said 153.50-acre tract, the north line of said 3.703-acre tract, crossing said City of Gunter extra-territorial jurisdiction, N88°3857"W 448.97 feet to a point in the east line of a 100 feet wide railroad right-of- way described to Red River Texas &: Southern Railway Company as recorded in Volume 149, Page 392, O.R.G.C.T., for the northwest corner of said 3.703-acre tract, and southwest corner of the 11.09-acre tract described herein; THENCE leaving said south line of the 153.50-acre tract, with said east railroad right-of-way line, and continuing across said City of Gunter extra-territorial jurisdiction, N12°1433"E 2191.41 feet to a point in the west line of that called 278.933-acre Tract 2" described to 375 Preston, LP as recorded in Volume 4910, Page 371, O.R.G.C.T., same being the east line of said 153.50-acre tract, for the north corner of the 11.09-acre tract described herein; PAGE I 1 OF 3 THENCE leaving said east railroad right-of-way line, with said east line of the 153.50-acre tract, and said west line of the 278.933-acre tract, continuing with the east line of said 153.50-acre tract, same being the west line of said 50.609-acre tract, and continuing across said City of Gunter extra-territorial jurisdiction, S00"25'18'W 2152.22 feet to said POINT OF BEGINNING and containing 11.09 acres [483,079 SQ. FT.J. PART TWO - 136.80 ACRES BEGINNING at the intersection of said west line of the 278.933-acre tract, and the west right-of- way line of said 100 feet wide railroad, for the northeast corner of said 153.50-acre tract, and the southeast corner of that called 130.00-acre tract described to Davis Marilyn as recorded in Volume 2512, Page 741, O.R.G.C.T.; THENCE leaving said west line of the 278.933-acre tract, with said west right-of-way line of the 100 feet wide railroad, crossing said City of Gunter extra-territorial jurisdiction the following three [3] courses and distances: 1) S12°24'55"W 129.25 feet, to an angle point in the east line of the 136.80-acre tract described herein, 2) S12°14'33"W. 2538.06 feet, to an angle point in the east line of the 136.80-acre tract described herein, and 3) S12°1737"W 19.29 feet to a point for the northeast corner of that called 43.60-acre tract described to Alice Aurelia Holcomb as recorded in Volume 1955, Page 103 O.R.G.C.T., for the southeast corner of the 136.80-acre tract described herein; THENCE leaving said west line of the railroad right-of-way, continuing across said City of Gunter extra-territorial jurisdiction, with the north line of said 43.60-acre tract, continuing with the north line of that called 10.00-acre tract described to John Gordon Holcomb & Darlene Holcomb as recorded in Volume 5940, Page 431 O.R.G.C.T., N88'3857'W 1989.81 feet to a point in the east line ofi that called 125-acre tract described to James 414 Living Trust as recorded in Document Number 2022- 34175 O.R.G.C.T., for the northwest corner of said 10.00-acre tract, and the southwest corner of the 136.80-acre tract described herein; THENCE with said east line of the 125-acre tract, same being the west line of the City of Gunter extra-territorial jurisdiction, N00°43'48"E 2640.35 feet to a point for the south corner of that called 156.252-acre tract described to Deut 818 LLC - Series 2 as recorded in Document Number 2022-34178 O.R.G.C.T., for the northwest corner of the 136.80-acre tract described herein; PAGE 12 OF 3 THENCE with the south line of said 156.252-acre tract, continuing with the south line of said 130.00-acre tract, S88°36'08"E 2526.45 feet to said POINT OF BEGINNING and containing 136.80 acres [5,959,333 SQ.FT.J. Basis of bearings is referenced to a combination of sources: The Texas Coordinate System, North Central Zone (4202), North American datum of 1983, 2011 adjustment (epoch 2010.00). Linework obtained from Grayson County Clerk: Instruments recorded in Document Number 2021-43527 of the Official Records of Grayson County, Texas. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interest implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." I, Payton C. Johnson, Registered Professional Land Surveyor, hereby certify that this property description and accompanying plat of even date was prepared under my supervision. - 04/02/2025 E OFTEL PaytorC. Johnson Date SISTER Registered Professional Land Surveyor Texas Registration No. 6961 4 PAYTON C. JOHNSON P Baseline - DCCM TxSurv F-10030200 6961 piohnson@dcem.com 4p SUR PAGE I 3 OF 3 5 r BE KT NT : Mh LE Elle E - E -le : ASEESSEEASE - E N - # h RL" # - - - PamONL mea Bacel aCCI - Petitionfor the Release ofProperlyfrom: the City ofGunter's ETJ EXHIBIT B CERTIFICATE OF FILING AND CERTIFICATE OF AMENDMENT Corporations Section Jose A. Esparza P.O.Box 13697 Deputy Secretary of State Austin,' Texas 78711-3697 Office of the Secretary of State December 28, 2022 Attn: Capitol Services, Inc. Capitol Services, Inc. PO: Box 1831 Austin, TX 78767 USA RE: Heidelberg Materials Southwest Agg LLC File Number: 801009053 It has been our pleasure to file the Certificate of Amendment fori the referenced entity. Enclosed is the certificate evidencing filing. Payment ofthe filing fee is acknowledged by this letter. Ifwer may be of further service at any time, please let us know. Sincerely, Corporations Section Business & Public Filings Division (512) 463-5555 Enclosure Come visit uS on the internet at mpnsoscasgor Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Preparedby: Joshua McKeand TID: 10323 Document: 1208068460005 Corporations Section Jose A. Esparza P.O.Box 13697 Deputy Secretary of State Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF Heidelberg Materials Southwest Agg LLC 801009053 [formerly: Lehigh Hanson Materials South LLC] The undersigned, as Deputy Secretary of State of Texas, hereby certifies that a Certificate of Amendment for the above named entity has been received in this office and has been found to conform to the applicable provisions oflaw. ACCORDINGLY, the undersigned, as Deputy Secretary of State, and by virtue oft the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. Dated: 12/22/2022 Effective: 01/01/2023 ENTE Op - 1 - Jose A. Esparza Deputy Secretary of State Come visit us on the internet at) psAnmsosicagow Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Joshua McKeand TID: 10303 Document: 1208068460005 Form 424 Secretary of State Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, TX7 78711-3697 Filing #: 801009053 12/22/2022 FAX: 512/463-5709 Document #: 1208068460005 Certificate mage Generated Electronically Filing Fee: See instructions of Amendment for Web W Filing KF L - a - - - - i - : BEE CA Entity Information - - - - - : - The filing entity is a: Domestic Limited Liability Company (LLC) The name of the filing entity is: Lehigh Hanson Materials South LLC The file number issued to the filing entity by the secretary of state is: 801009053 Amendment to Name The amendment changes the fommation document oft the filing entity to change the article or provision that names the entity. The article or provision is amended ta read as follows: The name oft the filing entity is: Heidelberg Materials Southwest Agg LLC : - - - : : - : - - - : : - AI letter of consent, ifa applicable, is attached. Statement of Approval The amendment has been approved in the manner required by the Texas Business Organizations Code and by the goveming documents of the entty. Effectiveness of Filing CA. This document becomes effective when the document is filed by the secretary of state. YB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its filing byt the secretary. of state. The delayed effective date is: January 1 2023 Execution The undersigned signs this document subject to the penalties imposed by lawi fort the submission of a materially false or fraudulent instrument and declares under penalty of perjury that the undersigned is authorized under the Texas Business Organizations Code to execute the fling instrument. Date: December 22, 2022 Carol L. Lowry Sighature of authorized person FILING OFFICE COPY Petitionfor the Release ofProperty from the City ofGunter! s ETJ EXHIBIT C SWORN AFFIDAVIT OF HEIDELBERG MATERIALS SOUTHWEST AGG LLC STATE OF TEXAS COUNTY OF Dallas On this day, before me the undersigned authority, appeared hhns Habu acting in his/her capacity as - of Heidelberg Materials Southwest Agg LLC. and on behalf of which, after first being duly sworn, Affiant sO stated as follows: "My name is I am over the age of eighteen (18), am under no disability, am competent to make this Affidavit, have personal knowledge of the facts stated herein, and swear the same are true and correct. I, the undersigned, am duly authorized to and are acting,on behalf of Heidelberg Materials Southwest Agg LLC, (the "Petitioner") of which I am D De "T hereby affirm that Heidelberg Materials Southwest Agg LLC, is the fee simple owner of certain real property located in Grayson County, Texas, which is more particularly described by the map and metes and bounds description attached to the Petition as Exhibit A (the "Property"), that is the subject ofthe Petition to which this Affidavit is attached." "Heidelberg Materials Southwest Agg LLC was formerly known as "Lehigh Hanson Materials South LLC" prior to its duly filed Certificate of Amendment with the Texas Secretary of State's Office, with such amendment effective January 1, 2023, as evidenced by that certain Certificate of Filing issued by the Texas Secretary of State': S Office and dated December 12, 2022, a copy of which is attached to the Petition as Exhibit B." "The recorded instrument evidencing Petitioner's ownership is incorporated herein by reference and is attached to the Petition as "Exhibit D." I am verifying, for purposes of Chapter 42 of the Texas Local Government Code, that Heidelberg Materials Southwest Agg LLC, is () the owner of the Property described in the Petition; (ii) that the Property constitutes more than Fifty Percent (50%) of the appraised value of taxable property that is the subject of this Petition, as indicated by the tax rolls of the Grayson County Appraisal District; and (iii) that Heidelberg Materials Southwest Agg LLC requests and consents to the release of said Property from the City of Gunter, Texas' extraterritorial. jurisdiction by the filing of the Petition to which this Affidavit is attached." 2 Further Affiant Sayeth Naught. Heidelberg Materials Southwest Agg LLC a Texas Limited Liability Company, f/k/a Lehigh Hanson Materials South LLC a CC By: Name: Title: 1 SWORN. AND SUBSCRIBED TO before me, the undersigned authority, on this the day of 2025. VDN TAMMIE L. JIMENEZ Notary Public in and for the State ofTexas Notery Public, State ofTexas Comm. Explres 11-16-2026 Notery ID 11342479 Petition) for the Release ofProperlyfrom: the City ofGunter s ETJ EXHIBIT D EVIDENCE OF PROPERTY OWNERSHIP Grayson County Deana Patterson County Clerk Sherman, TX 75090 Instrument Number: 2021 - 43527 ERecordings-RP Recorded On: December 22, 2021 01:14 PM Number of Pages: 6 Parties: BASSLAURALYNN - Examined and Charged as Follows: - Total Recording: $32.00 *********** 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: 43527 Simplifile Receipt Number: 20211222000092 100 W. Houston Ste. 17 Recorded Date/Time: December 22, 2021 01:14 PM User: Hailee A Sherman TX 75090 Station: CLERK05 STATE OF TEXAS COUNTY OF GRAYSON Ihereby 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 2021 à 43527 NOTICE OF CONFIDENTIALITY RIGHITS: IF YOU ARE Al 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 TBIE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GF# 1002-328252-RTT SPECIAL WARRANTY DEED LAURA LYNN BASS (hereinafter called "Grantor," whether one or more, masculine, feminine or neuter) for and in consideration ofthe sum OfTEN and no/100 DOLLARS and other good and valuable consideration, the: receipt and adequacy of which are hereby acknowledged, paid by LEHIGH HANSON MATERIALS SOUTH LLC, a Texas limited liabillity company (hereinafter called "Grantee", > whether one or more, masculine, feminine or neuter), for which no lien is retained either express or implied, has Granted, Sold and Conveyed, and by these presents does hereby Grant, Sell and Convey, unto the said Grantee all that certain real property described as follows: SITUATED in the County of Grayson, State ofTexas, being a part oft the John Aldridge survey, Abstract No. 36, also being a part of the D. Perry Survey, Abstract No. 966 and being all that tract of land conveyed to Laura Lynn Bass by deed recorded in Volume 3093, Page 891, Official Public Records, Grayson County, Texas, and being described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon, if any, and all rights, privileges, tenements, hereditaments, rights of way, easements, appendages and appurtenances, in anyway appertaining thereto, and all right, title and interest of Grantor in and to any streets, ways, alleys, strips or gores ofland adjoining the above-described property or any part thereof (hereinafter, the "Property"). This deed is executed and delivered subject to property taxes for the current year and subsequent years, the payment of which Grantee assumes, and those permitted exceptions listed on Exhibit B attached hereto and made a part hereof for all purposes (the "Permitted Exceptions"). Page 1 2021 - 43527, Notwithstanding anything in this instrument to the contrary, the above-referenced Permitted Exceptions shall only affect the Property to the extent that such Permitted Exceptions are valid and effective as ofthe date ofthis instrument and the merei reference to such Permitted Exceptions in this instrument shall not be deemed to impose or reinstate such Permitted Exceptions if such Permitted Exceptions are not valid and effective as of the date of this instrument. TOHAVE. AND TOHOLD the above described Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his, her or its successors, heirs and assigns, as the case maybe, forever; and Grantor does herebyl bind Grantor and Grantor's successors, heirs, executors and administrators, asi the case maybe, to Warrant and Forever Defend all and singular the said Property unto the said Grantee and Grantee's successors, heirs and assigns, as the case may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise. Executed this 22 day of December, 2021. LAURA LYNN BASS ACKNOWIEDGMENT STATE OF TEXAS COUNTY OF Collin Before me, the undersigned authority, on this day personally appeared LAURA LYNN BASS, [check one]. known to me or. V proved to me through 7eel Avey MCent (description ofidentity card)tobethe person whose name is subscribed to thei foregoingi instrument, and acknowledged to me that said person executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 17lay of December, 2021. Notary Public, State OfTEXAS Grantee's address: 14I 9111 Lehigh Hanson Materials South LLC BEN SUTTON 3001 E. John Carpenter, Suite 1645 Notary Public, State of Texas Comm. Expires 03-24-2025 Irving, TX 75062 Notary ID 132994768 Page 2 2021 1 43527- EXHIBIT A Legal Descrintion Situated in the County ofGrayson, State ofTexas, being a part ofthe John Aldridge Survey, Abstract No. 36, also being a part of the D. Perry Survey, Abstract No. 966 and being all that tract of land conveyed to Laura Lynn Bass by deed recorded in Volume 3093, Page 891, Official Public Records, Grayson County, Texas, and being more particularly described by metes and bounds as follows: Beginning- at a found 5/8" steel rod at the southeast corner of said Laura Lynn Bass tract: in the west Right-of-Way of State Highway 289; Thence North 88°38'57" West, with the south line of said Laura Lynn Bass tract a distance of 2540.63 feet to a set %" steel rod; Thence North 00°43'48" East, with the east line of a 120.0 acre tract of land conveyed to Lynn & Dianne Gravley by deed recorded in Volume 2962, Page 421, Official Public Records, Grayson County, Texas, a distance of 2640.35 feet to a set %" steel rod; Thence South 88°36'08" East, with the south line of a 130.0 acre tract of land conveyed to Marilyn Davis by deed: recorded in Volume 584, Page 561, Deed Records, Grayson County, Texas, a distance of2526.45 feet to a found %" steel rod; Thence South 00°25'18" West, with the east line of said Laura Lynn Bass tract a distance of2638.47 feet to the) Point-of-Beginning and containing 153.50 acres ofland ofwhich 5.63 acres lie: in Railroad Right-of-Way and 0.71 acres lie within the County Road, Page 3 2021 - 43527. EXHIBIT! B Permitted Exceptions 1. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. 2. Right ofLaura Lynn Bass, as tenant, underthat certain Temporary Residential Lease between Laura Lynn Bass ("Tenant") and Lehigh Hanson Materials South LLC ("Landlord") dated 12/22/2021. 3. Undivided interest in coal, lignite, oil, gas and other minerals, together with: rights incident thereto, contained in instrument from Luther D. Barbee, Jr., et al to Rex Glendenning, Trustee, in Volume 1763, Page 83, Deed Records of Grayson County, Texas. 4. Undivided interest in coal, lignite, oil, gas and other minerals, together with rights incident thereto, contained ini instrument from Luther D. Barbee, Jr., et al to H. Buchanan Howard and Laura Lynn Bass, in Volume 2285, Page 172, Real Property Records of Grayson County, Texas. 5. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, byand between Juanita Barbee Moody, as Lessor and Hunt Oil Company, as Lessee, recorded on May 6, 1981, in Volume 1557, Page 78, Deed Records of Grayson County, Texas. 6. Lease for coal, lignite, oil, gas or other minerals, together withi rights incident thereto, by and between L. D. Barbee, as Lessor and Hunt Oil Company, as Lessee, recorded on May 6, 1981, in Volume 1557, Page 81, Deed Records of Grayson County, Texas. 7. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, by and between G. C. Barbee, as Lessor and Hunt Oil Company, as Lessee, recorded on May 6, 1981, in Volume 1557, Page! 94, Deed Records of Grayson County, Texas. 8. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, by and between Winnie Barbee Mayes, as Lessor and Hunt Oil Company, as Lessee, recorded on May 6, 1981, in Volume 1557, Page 110, Deed Records of Grayson County, Texas. 9. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, by and between Bessie. Jo Barbee McGuire, as Lessor and Hunt Oil Company, as Lessee, recorded on May 6, 1981, in Volume 1557, Page 113, Deed Records of Grayson County, Texas. 10. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, by and between Mary Rose Barbee Sedberry, as Lessor and Hunt Oil Company, as Lessee, recorded Page 4 2021,-43527. on May 6, 1981, in Volume 1557, Page 116, Deed Records of Grayson County, Texas. 11. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, by and between Charles Barbee, as Lessor and Hunt Oil Company, as Lessee, recorded on June 11, 1981, in Volume 1561, Page 611, Deed Records of Grayson County, Texas, 12. Right-of-Way Deed dated December 26, 1902, from Jot Gunter to Red River Texas & Southern Railway Co., of record in Volume 149, Page 392 of the Deed Records ofGrayson County, Texas. 13. Easement and Right-of- Way from H. Buchanan Howard and Laura Lynn Bass to Grayson Collin Electric Cooperative, Inc., of record in Volume 2402, Page 688 oft the Real Property Records of Grayson County, Texas. 14. Consequences, if any, of the following matters as disclosed on survey of Underwood Drafting & Surveying, Inc., certified by Douglas W. Underwood, R.P.L.S. #4709, dated 03/23/2021, last revised 12/09/2021: a. Easement or lesser rights, if any, with respect to power poles, telephone poles, and OHE lines lying outside of easement area; b. Fence discrepancies along property lines; C. Rights of third parties as to the portion of County Road lying within subject property; d. Rights of third parties as to the portion of Railroad lying within subject property. Page 5 B O CITY COUNCIL MEETING GUNGERI April 17, 2025 EST.1901 6:00 PM AGENDA ITEM #23 Discussion regarding Legislative Updates with city attorney. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL: REVIEW: N/A ATTACHMENTS: See Attachments E YO CITY COUNCIL MEETING GUNERI April 17, 2025 EST. 1901 6:00 PM AGENDA ITEM #24 COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: 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: a. Centurian American Developer Agreement B. S 551.074: Consult For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. a. Employee / Department Review AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E O CITY COUNCIL MEETING GUNERI April 17, 2025 EST.1901 6:00 PM AGENDA ITEM #25 RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in Executive Session. Discuss, and take appropriate action on any Executive Session item. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments