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12/20/2021-CC-Agenda Packet-RegularAGENDA CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 20, 2021 7:00 PM HISTORIC CHURCH BUILDING 403 N 7TH STREET SANGER, TEXAS 1.CALL THE REGULAR MEETING TO ORDER, ESTABLISH A QUORUM, INVOCATION, AND PLEDGE 2.CITIZEN INPUT: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issues brought up during this section. 3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTS Mayoral proclamations, presentations of awards and certificates, and other acknowledgements of significant accomplishments or service to the community. A.Honoring James Hunter for his 20 years of service with the City of Sanger B.Honoring Rodney Garrett for his 20 years of service with the City of Sanger 4.CONSENT AGENDA: All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless requested by a Councilmember to remove the item(s) for additional discussion. Any items removed from the Consent Agenda will be taken up for individual consideration. A.MINUTES REGULAR SESSION Consider the regular session minutes from the December 6, 2021, meeting. (Edwards) B.BOARD AND COMMISSION APPOINTMENTS Consider appointing Thomas Ford to Place 1 of the Park and Recreation / Keep Sanger Beautiful Board. (Edwards) 5.REGULAR AGENDA A.ANNEXATION OF 15.6924 ACRES Conduct the second Public Hearing regarding the annexation of 15.6924 acres out of the B.F. Lynch Survey, Abstract number 725 and generally located approximately 2231 feet east of I 35 and approximately 2385 feet south of Chisam Rd. (Hammonds) B.BLUE STAR INDUSTRIAL ADDITION SUBDIVIDER'S GRADING AGREEMENT Consider a Subdivider's Grading Agreement between the City of Sanger and Sanger Texas Page 1 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, DECEMBER 20, 20217:00 PMHISTORIC CHURCH BUILDING403 N 7TH STREET SANGER, TEXAS1.CALL THE REGULAR MEETING TO ORDER, ESTABLISH A QUORUM,INVOCATION, AND PLEDGE2.CITIZEN INPUT:Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTSMayoral proclamations, presentations of awards and certificates, and other acknowledgements ofsignificant accomplishments or service to the community.A.Honoring James Hunter for his 20 years of service with the City of SangerB.Honoring Rodney Garrett for his 20 years of service with the City of Sanger4.CONSENT AGENDA:All items on the Consent Agenda will be acted upon by one vote without being discussed separately unlessrequested by a Councilmember to remove the item(s) for additional discussion. Any items removed from theConsent Agenda will be taken up for individual consideration.A.MINUTES REGULAR SESSIONConsider the regular session minutes from the December 6, 2021, meeting. (Edwards)B.BOARD AND COMMISSION APPOINTMENTSConsider appointing Thomas Ford to Place 1 of the Park and Recreation / Keep SangerBeautiful Board. (Edwards)5.REGULAR AGENDAA.ANNEXATION OF 15.6924 ACRESConduct the second Public Hearing regarding the annexation of 15.6924 acres out of the B.F.Lynch Survey, Abstract number 725 and generally located approximately 2231 feet east of I35 and approximately 2385 feet south of Chisam Rd. (Hammonds)B.BLUE STAR INDUSTRIAL ADDITION SUBDIVIDER'S GRADING AGREEMENT Consider a Subdivider's Grading Agreement between the City of Sanger and Sanger Texas Industrial, LLC, and authorize the Mayor or City Manager to execute the agreement. (Hammonds) 6.INFORMATION ITEMS: A.DANNENBAUM CONSTRUCTION UPDATE Construction update regarding IH35 / FM 455 Expansion Project. 7.FUTURE AGENDA ITEMS: The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayor. 8.EXECUTIVE SESSION: Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Government Code: A.Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY For deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Property location a.) 78.421 acre tract of land out of the Williams Survey, Abstract No. 1281, Denton County, Texas; and b.) 247.318 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract of land out of the Hudson Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas. B.Sec. 551.071. CONSULTATION WITH ATTORNEY For deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Property location a.) 78.421 acre tract of land out of the Williams Survey, Abstract No. 1281, Denton County, Texas; b.) 247.318 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract of land out of the Hudson Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas. 9.RECONVENE: OPEN MEETING: Reconvene into Regular Session and take any action deemed necessary as a result of Executive Session. 10.ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and Page 2 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, DECEMBER 20, 20217:00 PMHISTORIC CHURCH BUILDING403 N 7TH STREET SANGER, TEXAS1.CALL THE REGULAR MEETING TO ORDER, ESTABLISH A QUORUM,INVOCATION, AND PLEDGE2.CITIZEN INPUT:Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTSMayoral proclamations, presentations of awards and certificates, and other acknowledgements ofsignificant accomplishments or service to the community.A.Honoring James Hunter for his 20 years of service with the City of SangerB.Honoring Rodney Garrett for his 20 years of service with the City of Sanger4.CONSENT AGENDA:All items on the Consent Agenda will be acted upon by one vote without being discussed separately unlessrequested by a Councilmember to remove the item(s) for additional discussion. Any items removed from theConsent Agenda will be taken up for individual consideration.A.MINUTES REGULAR SESSIONConsider the regular session minutes from the December 6, 2021, meeting. (Edwards)B.BOARD AND COMMISSION APPOINTMENTSConsider appointing Thomas Ford to Place 1 of the Park and Recreation / Keep SangerBeautiful Board. (Edwards)5.REGULAR AGENDAA.ANNEXATION OF 15.6924 ACRESConduct the second Public Hearing regarding the annexation of 15.6924 acres out of the B.F.Lynch Survey, Abstract number 725 and generally located approximately 2231 feet east of I35 and approximately 2385 feet south of Chisam Rd. (Hammonds)B.BLUE STAR INDUSTRIAL ADDITION SUBDIVIDER'S GRADINGAGREEMENTConsider a Subdivider's Grading Agreement between the City of Sanger and Sanger TexasIndustrial, LLC, and authorize the Mayor or City Manager to execute the agreement.(Hammonds)6.INFORMATION ITEMS:A.DANNENBAUM CONSTRUCTION UPDATEConstruction update regarding IH35 / FM 455 Expansion Project.7.FUTURE AGENDA ITEMS:The purpose of this item is to allow the Mayor and members of Council to bring forward items they wishto discuss at a future meeting, A Council Member may inquire about a subject for which notice has notbeen given. A statement of specific factual information or the recitation of existing policy may be given.Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequentmeeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call ofthe Mayor.8.EXECUTIVE SESSION:Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed ExecutiveSession in Accordance with the Texas Government Code:A.Sec. 551.072. DELIBERATION REGARDING REAL PROPERTYFor deliberations regarding the purchase, exchange, lease, or value of real property ifdeliberation in an open meeting would have a detrimental effect on the position of thegovernmental body in negotiations with a third person. Property location a.) 78.421 acretract of land out of the Williams Survey, Abstract No. 1281, Denton County, Texas; and b.)247.318 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County,Texas; c.) 87.64 acre tract of land out of the Hudson Survey, Abstract No. 562, DentonCounty, Texas; and d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No.280, Denton County, Texas. B.Sec. 551.071. CONSULTATION WITH ATTORNEYFor deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlementoffer; or (2) on a matter in which the duty of the attorney to the governmental body under theTexas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflictswith this chapter. Property location a.) 78.421 acre tract of land out of the WilliamsSurvey, Abstract No. 1281, Denton County, Texas; b.) 247.318 acre tract of land out of theCrawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract of land outof the Hudson Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract ofland out of the Crawford Survey, Abstract No. 280, Denton County, Texas. 9.RECONVENE: OPEN MEETING:Reconvene into Regular Session and take any action deemed necessary as a result of ExecutiveSession.10.ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times. Said notice was posted on the following date and time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting and shall remain posted until meeting is adjourned. December 16, 2021, at 4:30 PM Kelly Edwards, City Secretary City of Sanger, Texas Date/Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4587930 for further information. Page 3 RETIREMENT PROCLAMATION JAMES HUNTER WHEREAS, we would like to express our appreciation to Mr. James Hunter and honor him for his distinguished 20-year career with the City of Sanger; and WHEREAS, he has served in the Parks Department for the last 20 years and is well respected by surrounding municipal agencies, and dedicated service to the citizens and employees alike; and WHEREAS, Mr. Hunter’s service began as an employee of the Grounds Maintenance Crew and completing his career as the Grounds Maintenance Foreman; and WHEREAS, on behalf of the entire City Council, I want to express our sincere appreciation to James Hunter for his loyalty to the City of Sanger and wish him much happiness as he begins this exciting new chapter in his life. NOW, THEREFORE, I, Thomas E. Muir, Mayor of the City of Sanger, on behalf of the entire City Council, ask all residents and employees to join me in congratulating James Hunter on an outstanding career with the City of Sanger and wishing him many continued years of happiness and success. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Sanger to be affixed this 20th day of December 2021. ____________________________ Thomas E. Muir, Mayor Page 4 RETIREMENT PROCLAMATION RODNEY GARRETT WHEREAS, we would like to express our appreciation to Mr. Rodney Garrett and honor him for his distinguished 20-year career with the City of Sanger; and WHEREAS, he has served in the Water Department for the last 20 years and is well respected by surrounding municipal agencies, and dedicated service to the citizens and employees alike; and WHEREAS, Mr. Garrett’s service began as an employee of the Water Maintenance Crew and completing his career as the Water Maintenance Crew II; and WHEREAS, on behalf of the entire City Council, I want to express our sincere appreciation to Rodney Garrett for his loyalty to the City of Sanger and wish him much happiness as he begins this exciting new chapter in his life. NOW, THEREFORE, I, Thomas E. Muir, Mayor of the City of Sanger, on behalf of the entire City Council, ask all residents and employees to join me in congratulating Rodney Garrett on an outstanding career with the City of Sanger and wishing him many continued years of happiness and success. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Sanger to be affixed this 20th day of December 2021. ____________________________ Thomas E. Muir, Mayor Page 5 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. A. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: Kelly Edwards, City Secretary ITEM/CAPTION: MINUTES REGULAR SESSION Consider the regular session minutes from the December 6, 2021, meeting. (Edwards) AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: N/A LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Approve the minutes as presented. Page 6 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. B. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: Kelly Edwards, City Secretary ITEM/CAPTION: BOARD AND COMMISSION APPOINTMENTS Consider appointing Thomas Ford to Place 1 of the Park and Recreation / Keep Sanger Beautiful Board. (Edwards) AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: City of Sanger Charter, Article X, Board Commission and Committees, Section 10.01, Authority The Council shall create, establish, or appoint, as may be required by the laws of the State of Texas or this Charter, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the City. The Council shall prescribe the purpose, composition, functions, duties, accountability, and tenure of each board, commission and committee, where such are not prescribed by law or this Charter. Mr. Ford would like to serve on the Parks and Recreation / Keep Sanger Beautiful Board. Place 1 is currently vacant with a term of 20212023. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Page 7 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. B.AGENDA MEETING DATE: December 20, 2021TO: John Noblitt, City ManagerFROM: Kelly Edwards, City SecretaryITEM/CAPTION:BOARD AND COMMISSION APPOINTMENTSConsider appointing Thomas Ford to Place 1 of the Park and Recreation / Keep Sanger Beautiful Board. (Edwards)AGENDA TYPE: Consent AgendaACTION REQUESTED: Approval BACKGROUND:City of Sanger Charter, Article X, Board Commission and Committees, Section 10.01, Authority The Council shallcreate, establish, or appoint, as may be required by the laws of the State of Texas or this Charter, such boards,commissions and committees as it deems necessary to carry out the functions and obligations of the City.The Council shall prescribe the purpose, composition, functions, duties, accountability, and tenure of eachboard, commission and committee, where such are not prescribed by law or this Charter.Mr. Ford would like to serve on the Parks and Recreation / Keep Sanger Beautiful Board. Place 1 is currently vacantwith a term of 20212023.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/A STAFF RECOMMENDATION/ACTION DESIRED: Appoint Mr. Thomas to Place 1 of the Board. ATTACHMENTS: Description Upload Date Type TFord Park Board App 112021 12/14/2021 Cover Memo Page 8 Page 9 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 5.A. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: ANNEXATION OF 15.6924 ACRES Conduct the second Public Hearing regarding the annexation of 15.6924 acres out of the B.F. Lynch Survey, Abstract number 725 and generally located approximately 2231 feet east of I35 and approximately 2385 feet south of Chisam Rd. (Hammonds) AGENDA TYPE: Public Hearing ACTION REQUESTED: BACKGROUND: The applicant is proposing to create an Industrial Park of approximately 278 acres located on the east side of I35. The development will consist of 12 Industrial lots. The property with the exception of 15.6924 acres is currently within the Sanger City limits. The applicant is requesting to have the 15.6924 acres voluntarily annexed into the Sanger City limits. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Page 10 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.A.AGENDA MEETING DATE: December 20, 2021TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:ANNEXATION OF 15.6924 ACRESConduct the second Public Hearing regarding the annexation of 15.6924 acres out of the B.F. Lynch Survey, Abstractnumber 725 and generally located approximately 2231 feet east of I35 and approximately 2385 feet south of ChisamRd. (Hammonds)AGENDA TYPE: Public HearingACTION REQUESTED: BACKGROUND:The applicant is proposing to create an Industrial Park of approximately 278 acres located on the east side of I35.The development will consist of 12 Industrial lots. The property with the exception of 15.6924 acres is currently withinthe Sanger City limits. The applicant is requesting to have the 15.6924 acres voluntarily annexed into the Sanger Citylimits. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:N/A ATTACHMENTS: Description Upload Date Type Letter of Request 12/13/2021 Cover Memo Petition for Voluntary Annexation 12/13/2021 Cover Memo Exhibit A 12/13/2021 Cover Memo Page 11 RE: Voluntary Annexation Request Attn: John Noblitt Dear City Manager, As the owner(s) of the below-referenced property, I (we) would like the City of Sanger to consider my (our) request for annexation. The property in question is located at North I35, Sanger TX, 76266. The property is currently undeveloped. The size of the tract is 15.6924 acres. The reason for this annexation request is to annex the piece of land into the city limits as part of a current development project under consideration with the city. Owner as listed on Deed Sanger Texas Industrial, LLC. Any additional information may be obtained by contacting Tom Walker at 972-497-4394. Sincerely, Page 12 PETITION FOR VOLUNTARY ANNEXATION Into the City Limits of the City of Sanger Name of Property Owner(s) (please list all owners with interest in the property): Property Address _ Street Number Street Name City St Zip Parcel ID No.: I, the undersigned property owner of the aforementioned real property, and on behalf of any and all other property owners with interest in such property, do hereby execute and submit this Petition for Annexation for the express purpose of requesting that the City of Sanger incorporate my aforementioned property into the corporate boundaries of the City of Sanger. I hereby certify and attest that I have the authority to do so, and have been provided such authority by others that have ownership interest in the property subject to this request/petition. I, the undersigned, also understand that a “metes and bounds” legal description/survey of the land applicable to this petition shall be provided as an attachment to this request in order for the City to take action on this request. Printed Name / / Signature Date Local Government Code Chapter 43, Subchapter C – 3, provides the statutory rules for voluntary annexations in Texas. Legal property owners of land located within the City’s Extraterritorial Jurisdiction may voluntarily petition for annexation into the City limits. This form may be used to make a formal request to the Sanger City Manager for your property to be incorporated. Please include a legal metes and bounds description/survey of the property with a signed letter and this form, to the City via the following: U.S. Postal Mail to Ramie Hammonds, Development Service Director, City of Sanger P.O. Box 1729 Sanger, Texas 76266 Email to: rhammonds@sangertexas.org N I35 Sanger TX 76266 163094 Sanger Texas Industrial, LLC Thomas L. Walker 10 12 2021 Page 13 Exhibit A Being approximately 15.6924 acres of land out of the B.F. LYNCH SURVEY, ABSTRACT NUMBER 725 situated in Denton County, Texas, being a portion of a called Tract 1- 211.36 acre tract of land conveyed to Sanger Texas Industrial, LLC and Webb Industrial, LLC by deed of record in Document Number 2021-85260 of the Official Records of Denton County, Texas, also known as Denton County Appraisal District Parcel Number 163094, Tract 13A: Page 14 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 5.B. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: BLUE STAR INDUSTRIAL ADDITION SUBDIVIDER'S GRADING AGREEMENT Consider a Subdivider's Grading Agreement between the City of Sanger and Sanger Texas Industrial, LLC, and authorize the Mayor or City Manager to execute the agreement. (Hammonds) AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: Sanger Texas Industrial, LLC submitted a Preliminary Plat for Blue Star Industrial Addition which was approved on November 1, 2021. They would like to begin early grading as they work through the platting process. Sanger Texas Industrial, LLC is requesting to enter into a Subdivider's Grading Agreement with the City of Sanger that would allow them to begin the grading process. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Reviewed and approved by legal. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL . ATTACHMENTS: Description Upload Date Type Page 15 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.B.AGENDA MEETING DATE: December 20, 2021TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:BLUE STAR INDUSTRIAL ADDITION SUBDIVIDER'S GRADING AGREEMENTConsider a Subdivider's Grading Agreement between the City of Sanger and Sanger Texas Industrial, LLC, andauthorize the Mayor or City Manager to execute the agreement. (Hammonds)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:Sanger Texas Industrial, LLC submitted a Preliminary Plat for Blue Star Industrial Addition which was approved onNovember 1, 2021. They would like to begin early grading as they work through the platting process. Sanger TexasIndustrial, LLC is requesting to enter into a Subdivider's Grading Agreement with the City of Sanger that would allowthem to begin the grading process. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Reviewed and approved by legal.FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends APPROVAL . ATTACHMENTS: Description Upload Date Type Subdivider's Grading Agreement 12/15/2021 Cover Memo Page 16 Page 1 of 6 21101 SUBDIVIDER’S GRADING AGREEMENT This is an agreement between the City of Sanger, Texas, hereinafter referred to as the “City”, and Sanger Texas Industrial, LLC, hereinafter referred to as “Developer”, with regard to property known as Blue Star Industrial Addition, an addition to the City of Sanger, Denton County, Texas (hereinafter referred to as the “Addition”), with the area to be graded as depicted in the attached Exhibit “A”, on the Preliminary Plat, providing for the grading of a specified section of the proposed subdivision. This Agreement is applicable to the Addition and to the on-site and off-site improvements necessary to support request grading. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a registered professional civil engineer licensed to practice engineering in the State of Texas for the design and preparation of the plans and specifications for the construction of all construction covered by this Agreement. The plans and specifications are subject to the review and final approval of the City Engineer, whose decision shall be final. The Developer will comply with all TCEQ, US Army Corps of Engineers, TxDot, FEMA and EPA and other applicable Federal and State laws, rules and regulations. The Developer also agrees to fully comply with the terms and conditions of all other applicable development regulations of the City in effect on the date of the initial submittal of a complete Preliminary Plat application. II. FACILITIES A. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities to complete the grading requested in this agreement. The Developer hereby agrees to fully comply with all EPA and TCEQ requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. B. RECORD DRAWINGS Upon completion of construction of the Grading, Developer shall deliver to the City, one set of as-built digital plans in PDF format, one set of as-built digital plans in DWG format, two (2) sets of as-built paper plans and one (1) set of as-built reproducible plans for all On-Site Improvements constructed by Developer. Page 17 Page 2 of 6 C. AFFIDAVITS The Developer shall furnish to the City Payment Affidavits stating that all payments due the Developer’s contractor have been paid and Developer shall also provide a Payment Affidavit, executed by its contractor, stating that all amounts due for labor, materials, supplies, services or claims in conjunction with said grading have been paid in full, prior to acceptance by the City. D. EROSION CONTROL The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be the Developer’s responsibility to present to the City Engineer and the Director of Public Works a Storm Water Pollution Prevention Plan (SWPPP) that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build - up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer’s expense. E. START OF CONSTRUCTION Before the construction of the Grading and/or required drainage facilities can begin, the following must take place: 1. Subdivider’s Grading Agreement must be executed. 2. Plans and specifications must be reviewed and approved by the City Engineer. 3. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as additional insured, and prior to commencement of any work. Page 18 Page 3 of 6 GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF ALL IMPROVEMENTS DESCRIBED IN OR REQUIRED BY THIS AGREEMENT, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE DEVELOPER, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Denton County, Texas. The laws of the State of Texas shall apply. C. Approval by the City Engineer, Director of Public Works or any City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer, Director of Public Works or any City employee signifies the City’s approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed grading , indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and Page 19 Page 4 of 6 injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer’s designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Council. E. For the grading approved in this Agreement for which the Developer awards its own construction contract, the Developer agrees to employ a construction contractor who will meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. F. Work to be performed under the Agreement shall be completed within two (2) years from the date of commencement thereof. In the event the work is not completed within the two (2) years period, the City may, at its election may cancel this agreement by giving thirty (30) days’ notice to Developer. III. OTHER ISSUES A. FUTURE DEVELOPMENT, STREETS AND DRAINAGE a. It is expressly understood that no future phase of development within the parent tract as shown on the Preliminary Plat, shall be approved by the City for construction until adequate on-site detention for said future phase is provided. b. It is expressly understood THAT NO FUTURE PHASE OF DEVELOPMENT within the parent tract as shown on the Preliminary Plat, shall be approved by the City for construction until a final plat is approved by the City Council. SIGNED AND EFFECTIVE on the date last set forth below. Page 20 Page 5 of 6 DEVELOPER: Sanger Texas Industrial, LLC By: ___________________________________________________________ Title: __________________________________________________________ Address: _______________________________________________________ STATE OF COUNTY OF On _________________________, before me, ________________________, Notary Public, personally appeared __________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ____________________________________________ WITNESS my hand and official seal. ____________________________________________ (SEAL) Notary Public Page 21 Page 6 of 6 CITY OF SANGER, TEXAS By: ________________________________________ City Manager ATTEST: ________________________________________ City Secretary Date: ___________________________________ APPROVED AS TO FORM: ________________________________________ City Attorney Date: ___________________________________ Distribution of Document: Developer/Owner (Original) City Secretary (Original) City Attorney (Original) City Engineer (Copy) Director of Public Works (Copy) Developer’s Engineer (Copy) Page 22 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 6.A. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: ITEM/CAPTION: DANNENBAUM CONSTRUCTION UPDATE Construction update regarding IH35 / FM 455 Expansion Project. AGENDA TYPE: Regular ACTION REQUESTED: BACKGROUND: N/A LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Page 23 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 8.A. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: ITEM/CAPTION: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY For deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Property location a.) 78.421 acre tract of land out of the Williams Survey, Abstract No. 1281, Denton County, Texas; and b.) 247.318 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract of land out of the Hudson Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas. AGENDA TYPE: ACTION REQUESTED: BACKGROUND: LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: FUNDS: STAFF RECOMMENDATION/ACTION DESIRED: Page 24 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.A.AGENDA MEETING DATE: December 20, 2021TO: John Noblitt, City ManagerFROM: ITEM/CAPTION:Sec. 551.072. DELIBERATION REGARDING REAL PROPERTYFor deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meetingwould have a detrimental effect on the position of the governmental body in negotiations with a third person. Propertylocation a.) 78.421 acre tract of land out of the Williams Survey, Abstract No. 1281, Denton County, Texas; and b.)247.318 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tractof land out of the Hudson Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract of land out of theCrawford Survey, Abstract No. 280, Denton County, Texas. AGENDA TYPE: ACTION REQUESTED: BACKGROUND:LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:FUNDS:STAFF RECOMMENDATION/ACTION DESIRED: Page 25 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 8.B. AGENDA MEETING DATE: December 20, 2021 TO: John Noblitt, City Manager FROM: ITEM/CAPTION: Sec. 551.071. CONSULTATION WITH ATTORNEY For deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Property location a.) 78.421 acre tract of land out of the Williams Survey, Abstract No. 1281, Denton County, Texas; b.) 247.318 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract of land out of the Hudson Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton County, Texas. AGENDA TYPE: ACTION REQUESTED: BACKGROUND: LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: FUNDS: STAFF RECOMMENDATION/ACTION DESIRED: Page 26 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.B.AGENDA MEETING DATE: December 20, 2021TO: John Noblitt, City ManagerFROM: ITEM/CAPTION:Sec. 551.071. CONSULTATION WITH ATTORNEYFor deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter inwhich the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct ofthe State Bar of Texas clearly conflicts with this chapter. Property location a.) 78.421 acre tract of land out of theWilliams Survey, Abstract No. 1281, Denton County, Texas; b.) 247.318 acre tract of land out of the CrawfordSurvey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract of land out of the Hudson Survey, Abstract No.562, Denton County, Texas; and d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No. 280, DentonCounty, Texas. AGENDA TYPE: ACTION REQUESTED: BACKGROUND:LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:FUNDS:STAFF RECOMMENDATION/ACTION DESIRED: Page 27