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Home My WebLink About2012-02-14 Workshop & Regular Meeting Packety{OIIR} HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET DATE:E�� Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME d tvi144 /ADDRES�/S /� YtOUR} HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP February 14, 2012 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., February 14, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Discussion regarding possible joint projects through the Collin/Grayson County Municipal Alliance (CGCMA). (Don Paschal) 4. Presentation from Dean International on Tex-21 membership. 5. Discussion regarding possible annexation of property on FM 2862. (Maurice Schwanke) 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 5515 the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discussion regarding ordinances relating to the sale of alcohol; William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296- 04555-2011 in the 296th District Court of Collin County, Texas; 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 hvo working days prior to the meeting so that appropriate arrangements can be made. 02-14-12 CC Regular Meeting Agenda.doc I Posted 02-10-12 Anticipated litigation regarding nuisance property condition at 323 East 7' Street, Anna, Texas. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7. Discussion regarding any item on the City Council's February 14, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice, 8. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5*00 p.m., February 10, 2012. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-12 CC Regular Meeting Agenda.doc 2 Posted 02-10-12 l iiOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING February 14, 2012 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., February 14, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a r°ecord of attendance. If you ivish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the Cite Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allol4�ed 3 minutes to speak. The Cozrncil is Zmable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that ivas attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-12 CC Regular Meeting Agenda.doc 3 Posted 02-10-12 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for January 24, 2012 Regular Meeting. b. Approve a Resolution regarding amendments to the AMR License Agreement. (Chief Roma) c. Approve a Resolution suspending the March 6, 2012, effective date of Atmos Energy Corp., Mid -Tex Division requested rate change. (Philip Sanders) d. Approve Resolution regarding the 2012 Facilities Use Agreement with AYSA. (James Parkman) e. Approve site plan for "Premier Pawn". (Maurice Schwanke) f. Review CDC Minutes for October 20, 2012 and November 8, 2012. g. Review EDC Minutes for October 20, 2012 and November 8, 2012. h. Approve a Resolution providing approval for Anna Community Development Corporation to enter into a 1st Supplemental Amendment to Loan Agreement and Promissory Note and to Security Agreement (Image Vision Labs, Inc.) concerning subordination of security for revolving loan. (Clark McCoy) 6. Consider/Discuss/Action regarding appointments to fill vacancies on the Planning and Zoning Commission, Parks Advisory Board, Economic Development Corporation, Community Development Corporation, and Board of Adjustment. (City Council) 7. Consider/Discuss/Action regarding a Resolution awarding the bid and authorizing execution of a contract for the Anna Fire Station Remodel. (Chief Roma) 8. Consider/Discuss/Action regarding adopting an ordinance amending the 2012 Fiscal Year Budget. (Clayton Fulton) 9. Consider/Discuss/Action regarding a Resolution recognizing the filing of a petition to create a Public Improvement District and appointing a body to prepare a proposed service plan, assessment plan, and assessment roll. (Philip Sanders) 10. Consider/Discuss/Action regarding a Resolution approving the design of the National Sign Plaza builder kiosk signs. (Maurice Schwanke) 11. Consider/Discuss/Action regarding adopting a resolution approving the interior design layout and exterior design and the not to exceed amount from Level 5 Design for property located at 312 North Powell Parkway and authorizing the EDC Chief Administrative Officer to execute an agreement for same. (Jessica Perkins) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-12 CC Regular Meeting Agenda.doc 4 Posted 02-10-12 12. Consider/Discuss/Action approving a Resolution amending the Fiscal Year 2012 EDC budget. (Jessica Perkins) 13. Consider/Discuss/Action regarding an Ordinance amending Part B , Section 3 of Ordinance No. 244-2006 as amended, related to de minimis gifts. (Clark McCoy) 14. Consider/Discuss/Action regarding adopting an ordinance ordering a May 12, 2012 Joint General Election with Anna ISD; Ordering a May 12, 2012 General Election to elect one Mayor and three City Council Members all for three-year terms; a Special Election to propose to voters amendments to the City of Anna, Texas Home -Rule Charter; and a Special Election to propose to voters the sale of park land. (City Council/City Attorney) 15. Consider/Discuss/Action regarding resolution adopting Settlement Agreement and Release related to suit styled William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas. (Clark McCoy) 16. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions, a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discussion regarding ordinances relating to the sale of alcohol; William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380- 02370-2011 in the 3801h District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 29&04555-2011 in the 296th District Court of Collin County, Texas; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under• any applicable exception to the Open Meetings Act. 17. Consider/Discuss/Action on any items listed on posted agenda for February 14, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-12 CC Regular Meeting Agenda.doc 5 Posted 02-10-12 18. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., February 10, 2012. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legallyjustified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-12 CC Regular Meeting Agenda.doc 6 Posted 02-10-12 IiOMETOWN Council Meeting: February 14I 2012 Account Code #: Budgeted Amount. Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Discussion regarding possible joint projects through the Collin/Grayson County Municipal Alliance (CGCMA). SUMMARY: The Collin /Grayson County Municipal Alliance (CGMA) is an organization of local governments whose primary purpose is to identify common concerns of its members and pursue solutions to those concerns. The City of Anna along with the cities of Melissa, Van Alstyne, and Howe are members of the Alliance. Each city is represented in the Alliance by the Mayor or another member the City Council. During their most recent meeting, the representative board reviewed possible areas of future cooperation between the member cities. Don Paschal coordinates the activities of the Alliance will review with the Council some of the ideas that have been suggested for future cooperation. HOMETOWN Council Meeting: February 14, 2012 Item No. 4 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Presentation from Dean International on Tex-21 membership. SUMMARY: On December 13, the City Council discussed possible city membership in the TEX-21 U.S. 75 Task Force. TEX-21 is a coalition of local governments and elected officials that work to support enhanced multi -modal transportation across Texas and Arkansas. The coalition is managed by Dean International, a consulting company with expertise in transportation related matters. After the discussion, the Council asked that representatives from Dean International provide more information to the City Council at a future meeting. No action by the City Council is required or expected at this meeting. Membership would cost the City of Anna $2,125 annually. The cost of membership was not included in the current budget. If we join this year, funds for the annual dues would have to be transferred from another line -item account in the budget. Current members include Collin County and several of our neighboring communities (Allen, McKinney, Melissa, and Sherman). The mission of the TEX-21 U.S. 75 Corridor Task Force is to improve, sustain, and advance the viability and position of the U.S. 75 Corridor as a preeminent national transportation corridor and to provide all Corridor stakeholders with the appropriate platform and cohesive vision to advocate on its behalf. The Coalition's consultants are drafting language to make U.S. 75 a Nationally Designated High -Priority Corridor (malting it eligible for additional funds and also prioritizing it for Interstate status). HOMETOWN Council Meeting: February 145 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 02/09/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Discussion regarding possible annexation of property on FM 2862. SUMMARY: From time to time a need for land use protection for property in our Extra - Territorial Jurisdiction occurs. The area indicated on the attached exhibit shows property along the western edge of F.M. 2862 that may need to be considered for such action. RECOMMENDED ACTION: Council Prerogative Item No. 5 WS City Secretary's use only _L Council Meeting: February 145 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: Call to order. Item No.I City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Exhibits: ❑Yes ❑ No IiOMGT+DWN Council Meeting: February 14I 2012 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: Council Meeting: February 14, 2012 Account Code #: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens ar°e allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: Item No. 4 City Secretary's use only City of Anna City Council Agenda all Report Council Meeting: Februa>;v 14, 2012 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 2-9-12 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. GYllu l►� I:�.7•� RECOMMENDATION: i Council Meeting: February 14, 2012 Account Code #: N/A Budgeted Amount: N/ Item No.5 (a_h) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non-conh•oversial or "housekeeping" items required by lain. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a) Approve City Council Minutes for January 24, 2012 Regular Meeting. b) Approve a Resolution regarding amendments to the AMR License Agreement. (Chief Roma) c) Approve a Resolution suspending the March 6, 2012, effective date of Atmos Energy Corp., Mid -Tex Division requested rate change. (Philip Sanders) d) Approve Resolution regarding the 2012 Facilities Use Agreement with AYSA. (James Parkman) e) Approve site plan for "Premier Pawn". (Maurice Schwanke) f) Review CDC Minutes for October 20, 2012 and November 8, 2012. g) Review EDC Minutes for October 20, 2012 and November 8, 2012. h) Approve a Resolution providing approval for Anna Community Development Corporation to enter into a lst Supplemental Amendment to Loan Agreement and Promissory Note and to Security Agreement (Image Vision Labs, Inc.) concerning subordination of security for revolving loan. (Clark McCoy) SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. 1 Y{OUR} gOMETOW N MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP January 24, 2012 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., January 24, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order Mayor Pro Tem Milce Crist called the meeting to order at 6:35 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem, Milce Crist and Council Members Kevin Anderson, Keith Green, John Geren and Becky Glover were present. Mayor Darren R. Driskell and Council Member Marc Hendricks were absent. 3. Quarterly Financial Update (Clayton Fulton) Clayton Fulton, Director of Finance presented the Quarterly Financial Update and answered questions from council. 4. Discussion regarding future meeting with Boards and Commissions. City Manager, Philip Sanders presented the item to council and February 25, 2012 was discussed as a possible date. Council Member, Keith Green made the motion to enter closed session at 6:45 pm. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: 01-24-12 CC Regular Meeting Minutes.doc 1 01-24-12 a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380 District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296th District Court of Collin County, Texas; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas; Charges for certain emergency response services, Update on Anna -Melissa wastewater metering station. c. Personnel Matters: Discussion regarding City Secretary. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Anderson left at 6:50 pm and returned at 7:30 pm. Council Member Glover made the motion to return to open session at 7:35 pm. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Discussion regarding any item on the City Council's January 24, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. No discussion. 7. Adjourn. Council Member Glover made the motion to adjourn at 7:36 pm. Council Member Geren seconded the motion. Motion passes. ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor Pro Tem 01-24-12 CC Regular Meeting Minutes.doc 2 Oi-24-12 Y{OUR} HOMETOWN MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING January 24, 2012 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., Janual•y 24, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign4n4heet as a record of attendance. If you ivish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the CioJ Secretary before the meeting starts. 1. Call to Order. Mayor Pro Tem Mike Crist called the meeting to order at 7:36 pm. 2. Invocation and Pledge of Allegiance. Mayor Pro Tem Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought tip during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of 01 -IA -12 CC Regular Meeting Minutes doe 3 01-24-12 the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Staff mentioned that candidate packets for the May 12, 2012 General Election are available at City Hall Administration Building. 5. Presentation to Public Works Department Employees. (Philip Sanders) Mayor Pro Tem, Mike Crist presented the proclamation to Public Works Employees. 6. Presentation of Racial Profiling Report. (Chief Jenks) Police Chief, Kenny Jenks presented the 2011 Racial Profiling Report to council. 7. Consent Items. These items consist ofnon-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for January 10, 2012 Regular Meeting. b. Action adopting an ordinance correcting typographical error in ordinance regarding Municipal Court Fees. (Clark McCoy) Council Member Geeen made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Public Hearing: To consider public comment on a request by Bloomfield Homes, owners) of property, requesting changes to a Planned Development zoning district by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) within Tract B of the original (PD) to amend the minimum front yard setback to twenty feet (20') and the minimum lot depth to be one hundred and ten feet (110') on area described in Exhibit A. The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development, presented the item to council. Mayor Pro Tem Mike Crist opened the public hearing at 7:49 pm. There was no public comment. Mayor Pro Tem Crist closed the public healing at 7*49 pm. 01-24-12 CC Regular Meeting Minutes.doc 4 01-24-12 (b)Consider/Discuss/Act on recommendation regarding an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The owner(s) is requesting changes to the Planned Development zoning by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) to amend the minimum front yard setback to twenty feet (201) and the minimum lot depth to be one hundred and ten feet (110') on area described in Exhibit A. The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek. (Maurice Schwanke) Council Member Green made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action approving a Resolution authorizing the City Manager to submit an application to Texas Parks and Wildlife for a recreational trail. (Maurice Schwanke) Maurice Schwanle, Director of Planning and Development presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a Resolution authorizing payment and reimbursement for Council Member travel and training expenses. (Natha Wilkison) Mayor Pro Tem Crist excused himself from the discussion of this item. Deputy Mayor Pro Tem Anderson proceeded with this item. City Secretary, Natha Wilkison presented the item to council. Council Member Green made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. Review and discussion of proposed charter amendments. (Clark McCoy) City Attorney, Clark McCoy presented the item to council and each proposed amendment was discussed and questions answered. 12. Consider/Discuss/Action approving a Resolution granting exemption to application of certain provisions of personnel policy manual. (Natha Wilkison) O1-24-12 CC Regular Meeting Minutes.doc 5 O1-24-12 City Secretary, Natha Wilkison presented the item to council. Council Member Green made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 Council did not enter closed session at this time. ABSTAIN 0 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or vaInc of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas, Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296t" District Court of Collin County, Texas; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas; Charges for certain emergency response services; Update on Anna - Melissa wastewater metering station. c. Personnel Matters: Discussion regarding City Secretary. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on posted agenda for January 10, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Anderson wanted a cost comparison of using the I Pad's versus the paper agenda. Discussion regarding the savings on paper, staff time in putting notebooks together, mileage delivering the packets, etc were mentioned. 01-24-12 CC Regular Meeting Mimrtes.doc 6 01-24-12 15. Adjourn. Council Member Anderson made the motion to adjourn at 8:25 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Milce Crist, Mayor Pro Tem O1-24-12 CC Regular Meeting Minutes.doc 7 01-24-12 I#tt3i�oYY+1"I�`i Council Meeting: February 14, 2012 Account Code #: Budgeted Amount: Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Roma Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding amendments to the AMR License Agreement. SUMMARY: The City plans to remodel the existing fire station to provide permanent living quarters, kitchen, and shower facilities for members of the department. These facilities will be shared with the staff of AMR which currently provides EMS service to the City of Anna. With this remodel, the license agreement with AMR needs to be amended to recognize that the kitchen, shower, and dayroom area will be shared with the city's fire department employees. RECOMMENDATION: Staff recommends approval of the attached Resolution and amended License Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDED AND RESTATED LICENSE WITH AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. D/B/A COLLIN COUNTY EMS WHEREAS, the City of Anna, Texas (the "City") approved a License Agreement with American Medical Response Ambulance Service, Inc. d/b/a Collin County EMS ("Licensee") on December 14, 2010; and WHEREAS, the City Council of the City of Anna, Texas (the "Council") finds that approval of an Amended and Restated License is in the best interest of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of License The Council hereby approves the Amended and Restated License, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of February 2012. Darren R. Driskell, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 Amended and Restated License This Amended and Restated License ("License") is granted by the City of Anna, Texas ("City") on December 1, 2010 to American Medical Response Ambulance Service, Inc. d/b/a Collin County EMS ("Licensee"), upon the terms and conditions stated herein. 1. License; The Premises. In consideration of the rent and other payments and covenants of Licensee hereinafter set forth, and upon the following terms and conditions, City hereby licenses to Licensee the use of a certain ambulance bay and crew quarters as shown on the attached Exhibit A GORGiStiRg ef approximately 600 square feet of spa in the building located at 305 S. Powell Parkway, Anna, Texas 75409 (the "Premises"). 2. Term. The initial Term of the License was for a period of 12 months, commencing on December 1, 2010 (the "Commencement Date"), which ending on November 30, 2011 and was then automatically renewed under the terms of the License. This Amended and Restated License does not ft alter the term or the automatic renewal provisions, which remain as onainally aareed between the Citv and Licensor. Upon expiration of any Term, this License shall automatically renew for an additional one-year Term and thereafter for additional successive one-year Terms unless, at least 90 days prior to the expiration of the Term, City or Licensee provides written notice as set forth below that either party intends to terminate the License upon expiration of the current Term. 3. Use of the Premises. Licensee may use the Premises related to operations as a medical transportation services provider. However, this is not a contract for goods or services under Texas Local Government Code §271 A51, et seq., and Licensee waives any right or entitlement granted under said provisions. 4. Payment. Licensee covenants and agrees to pay City during the Term of this License the sum of $1,000.00 per month —regardless of whether or not Licensee actually uses the Premises — payable monthly in advance on the first day of each month commencing on the Commencement Date or appropriate pro rata proportion thereof for any portion of a month at the beginning or end of the Term). All payments shall be made to City at its address set forth below, or such other address as City may hereafter designate in writing to Licensee. 5. Utilities. City shall be responsible for all utilities reasonably consumed at the Premises. City shall also provide 6 parking spaces for Licensee's vehicles. 6. Representations and Warranties. City represents and warrants to Licensee that: (1) City has power adequate for the execution, delivery and performance of its obligations under this License; (2) the Premises are suitable for their intended use; and (3) the Premises are safe and habitable for their intended use. The parties do not intend for this License to inure to the benefit of any third parties and the City does not waive any of its immunities or limitations to liability. 7. Improvements, Repairs and Maintenance. City shall, at its own cost and expense, be responsible for and make all necessary repairs, replacements and renewals, interior and exterior, to the Premises, and shall construct new improvements in the areas referenced as the Shared Facilities, below. The City and Licensee agree that the construction of said improvements by the City and the agreement by Licensee to share the facilities as further described in Section 8 of this License is adequate consideration exchanged between the parties to support the parties' agreement. AMENDED AND RESTATED LICENSE PAGE 1 OF 4 on City's Access. Licensee agrees to permit City or its authorized representatives to enter the Premises at all times. Licensee agrees to share its use of the day room, dining area, kitchen and bathroom facilities shown on Exhibit A (collectively, "Shared Facilities" with the City. City shall use all reasonable efforts to minimize the disruption to Licensee by entry into and use of the Premises e, xcept that the City shall have equal rights in, access to, and use of the Shared Facilities. 9. Insurance. For the duration of this License, City shall maintain property and casualty insurance that is usual and customary for its obligation under this License. 10. City's Representation of Good Title. City covenants that it has good and clear record and marketable title to the Premises and full authority to fully discharge its obligations under this License. 11. Licensee's Obligation to Vacate. Licensee shall, upon termination of this License, vacate the Premises in as good condition, order and repair as the same were at the Commencement Date, reasonable wear and tear excepted. Licensee's failure to do so shall be a material breach of this License. 12. Licensee's Default; City's Remedies. In addition to any other remedies available at law or in equity, if Licensee shall be in default by failing to fully and timely make any of the payments due under this License, or in failing to fully discharge any other covenant, and if any such default shall continue for 15 days after written notice from City, this License shall terminate and Licensee must fully immediately thereafter vacate the Premises and remove its effects. 13. Compliance with Laws. The parties will comply in all material respects with all applicable federal, state, and local laws and regulations including but not limited to the federal Anti - Kickback statute. 14. Compliance Program and Code of Conduct. Licensee has made available to City, at Licensee's web site, located at: www.amr.net, a copy of its Code of Conduct, Anti -Kickback policies, and other compliance policies, as may be changed from time -to -time, provided that any such changes are publicly displayed o Licensee's website located and are in compliance with all applicable law at and the City acknowledges receipt of such documents. Licensee warrants that its personnel shall comply with its compliance policies, including training related to the Anti -Kickback Statute. 15. Non -Exclusion. Each party represents and certifies that neither it nor any practitioner who orders or provides services on its behalf hereunder has been convicted of any conduct that constituted grounds for mandatory exclusion as identified in 42 U.S.C. 1320a-7(a). Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide services, from participation in Federal health care programs, the party must notify the other party within five days of knowledge of such fact, and the other party may immediately terminate this License, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing services hereunder. 16. Referrals. It is not the intent of either party that any remuneration, benefit or privilege provided for under this License shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, leasing or ordering of any services other than the specific services described in this AMENDED AND RESTATED LICENSE PAGE 2 OF 4 License. Any payments specified herein are consistent with what the parties reasonably believe to be a fair market value for the services provided. 17. Indemnity. It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by Licensee relating in any way to Licensee's undertaking of any of its medical transportation services (the "Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any of the Work. There shall be no joint control over the Work. LICENSEE AGREES TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, ASSOCIATED OR IN CONNECTION WITH THE WORK, THE INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES INCURRED BY THE CITY IN DEFENDING ITSELF OR IN ENFORCING THIS INDEMNIFICATION PROVISION. By entering into this License, Licensee waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. 18. Notices. All Notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form by postage prepaid certified mail, return receipt requested. Notices shall be addressed to City or Licensee and their respective legal representatives at the addresses set forth below: If to City: City Manager City of Anna P.O. Box 776 111 N. Powell Parkway Anna, Texas 75409 If to Licensee: General Manager American Medical Response Ambulance Service, Inc. 4099 McEwen, Suite 200 Farmers Branch, Texas 75244 With Mandatory Copy to: Legal Department American Medical Response Ambulance Service, Inc. 6200 South Syracuse Way, Suite 200 Greenwood Village, Colorado, 80111 Clark McCoy Wolfe, Tidwell &McCoy, LLP 2591 Dallas Parkway, Suite 205 AMENDED AND RESTATED LICENSE PAGE 3 OF 4 Frisco, TX 75034 19. Entire Agreement. This License contains the entire agreement between the City Cl" Licensee pertaining to the subject matter hereof and fully supersedes all prior agreements, licenses, and understandings between said parties pertaining to such subject matter. Either party may change the address to which notices are to be sent to it by providing notice of same to the other party in accordance with the provisions set forth above. IN WITNESS WHEREOF, the parties hereto have caused this License to be executed as of the date first above written. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] DULY AUTHORIZED SIGNATURES: City of Anna, Texas Philip Sanders City Manager Date: American Medical Response Ambulance Service, Inc. d/b/a Collin County EMS By: (Printed Name) Its: (Title) Date: AMENDED AND RESTATED LICENSE PAGE 4 OF 4 YSOUR} IiOMETOWN Council Meeting: Februa ;v 14I 2012 Account Code #: Budgeted Amount: Item No. 5 (c) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Approve a Resolution suspending the March 6, 2012, effective date of Atmos Energy Corp., Mid -Tex Division requested rate change. SUMMARY: The City, along with approximately 153 other cities served by Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). On or about January 31, 2012, Atmos Mid -Tex filed with the City a Statement of Intent to increase rates within the City. Background In 2003, TXU Gas filed a statewide rate case which became known at the Railroad Commission oI Texas ("RRC") as Gas Utilities Docket ("GUD") No. 9400. That same year the Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program ("GRIP") which authorized annual piecemeal rate reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos Energy Corp., Mid -Tex Division. The City is within the Atmos Mid -Tex Division. Atmos Mid -Tex filed four GRIP cases before filing a traditional rate case in September, 2007. As part of Cities' Settlement Agreement with Atmos of the 2007 rate case, ACSC and Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process was called a Rate Review Mechanism ("RRM") and was intended as an expedited but comprehensive rate review that included a number of fixed values and constraints. The RRM was intended as a three-year experiment. Last year, it was extended for a fourth year with some slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter of last year to further extend the RRM process, but no agreement was reached. Atmos has expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised RRM process. Enclosed are frequently asked questions ("FAQ") on ACSC and the RRM ratemaking process. Discussion and Purpose Atmos Mid -Tex filed a Statement of Intent on January 31, 2012, seeking to increase system -wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers. Additionally, the application would change the way that rates are collected, by Item No. Lie City Secretary's use only increasing the residential fixed -monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet ("ccf ') to $0.07 per cc£ The law provides that a rate request made by a gas utility cannot become effective until at least 35 days following the filing of the application to change rates. Atmos has proposed an effective date of March 6, 2012. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, Atmos' rate request is deemed administratively approved. The purpose of the resolution is to extend the effective date of Atmos Mid-Tex's proposed rate increase to give the City time to review the rate -filing package. The resolution suspends the March 6, 2012 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the other ACSC cities, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy to pursue, including settlement and ultimately to approve reasonable rates. Explanation of "Be It Resolved Paragraphs" Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective so long as the City has a legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as the "maximum period allowed by law" rather than ending by a specific date. This is because the Company controls the effective date and can extend its effective date and, therefore, extend the deadline for final city action to increase the time that the City retains jurisdiction (for example, if necessary to reach settlement on the case). If the suspension period is not otherwise extended by the Company, the City must take final action on Atmos Mid-Tex's request to raise rates by June 4, 2012. Section 2. This provision recognizes the City's membership in ACSC and authorizes the City to participate with other similarly situated cities served by Atmos Mid -Tex in order to more efficiently represent the interests of the City and its citizens. Section 3. By law, the Company must reimburse the cities for their reasonable rate case expenses. Legal counsel and consultants approved by ACSC will present their invoices to the City of Arlington which will then seek reimbursement from Atmos Mid -Tex. The City will not incur liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Atmos Mid-Tex's designated representative and counsel for ACSC will be notified of the City's action by sending a copy of the approved and signed resolution to certain designated individuals. RECOMMENDATION: Staff recommends approval of the attached Resolution suspending the effective date of Atmos Mid-Tex's proposed rate increase. RESOLUTION NO. RESOLUTION OF THE CITY OF SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX") REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE ("ACSC") AND OTHER CITIES IN THE ATMOS MID-TEX SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC'S LEGAL COUNSEL WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), pursuant to as Utility Regulatory Act § 104.102 filed with the City of ("City") a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its Mid -Tex Division service area, effective March 6, 2012; and WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under Chapter 104, § 104.001 et seq. of GURA has exclusive original jurisdiction over Atmos Mid-Tex's rates, operations, and services within the City; and WHEREAS, in order to maximize the efficient use of resources and expertise, it is reasonable for the City to maintain its involvement in the Atmos Cities Steering Committee ("ACSC") and to cooperate with the more than 150 similarly situated city members of ACSC and other city participants in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, Atmos Mid -Tex proposed March 6, 2012, as the effective date for its requested increase in rates; and WHEREAS, it is not possible for the City to complete its review of Atmos Mid-Tex's filing by March 6, 2012; and 1790958 1 WHEREAS, the City will need an adequate amount of time to review and evaluate Atmos Mid-Tex's rate application to enable the City to adopt a final decision as a local regulatory authority with regard to Atmos Mid-Tex's requested rate increase; and WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF . TEXAS: 1. That the March 6, 2012, effective date of the rate request submitted by Atmos Mid -Tex on January 31, 2012, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 2. That the City is authorized to cooperate with ACSC and its member cities in the Mid -Tex service area and under the direction of the ACSC Executive Committee to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Railroad Commission. 3. That the City's reasonable rate case expenses shall be reimbursed by Atmos. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of Lite time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Atmos, care of David Park, Vice President Rates &Regulatory Affairs, at Atmos Energy Corporation, Mid -Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney day of 2012. »�o9ss 2 August 1, 2011 Revised February 1, 2012 FREQUENTLY ASKED QUESTIONS REGARDING ACSC AND THE RRM RATEMAKING PROCESS What is the Role of Cities in Ratemaking? Cities have historically exercised original jurisdiction over the level of gas rates charged within their boundaries. Generally, gas distribution utilities have filed rate cases at the city level and only gone to the Railroad Commission of Texas ("RRC") with an appeal of city action or if they cannot reach a settlement with cities. If a utility and cities reach an agreement, the utility may then file a case at the RRC to implement the same rates approved by cities in areas outside municipal boundaries. Once a case is at the RRC, the Commission Staff generally expects cities to intervene and do most of the discovery, sponsor opposing witnesses, and do most of the cross-examination and briefing. There is no consumer advocate at the RRC. If cities do not participate in hearings at the RRC, the request of a regulated utility is likely to be rubber-stamped. What is the bacic�round to the creation of the Atmos Cities' Steering Committee? The Atmos pipeline and distribution systems were built, owned and operated by Lone Star as ("LSG") which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities ("TXU") in the late 1990's. That meant that many cities had their own unique distribution rates and that individual cities had to process rate cases at the local level. LSG- Pipeline served all 200-plus distribution systems and pipeline rates were set by the RRC. From the early 1980's through the late 1990's, LSG filed no pipeline or system -wide rate case at the RRC. When LSG was finally brought before the RRC to show cause why its rates should not be reduced, approximately 80 cities intervened and created an ad hoc group known as the Steering Committee of Cities Served by Lone Star. TXU purchased the LSG assets in the late 1990's and immediately commenced consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, cities within each region created an ad hoc committee to form a common strategy and negotiating position. Once TXU had aggregated the cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas Company filed a system -wide case to bring all of the old LSG territory under one common rate. The different city regional committees then united and formed the Allied Coalition of Cities ("ACC"). While the gas utility assets were owned and controlled by TXU, the Steering Committee transformed itself from an ad hoc group that came together only in response to rate filings by the utility into a permanent standing committee. In Gas Utilities Docket ("GUD") No. 9400 in 2004, TXU's request fora $61.6 million system -wide increase was aggressively opposed by ACC. The Company received only a $2.01 million increase. Unhappy with that result, TXU decided that owning a gas system was neither as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos Energy Corporation ("Atmos" or "Company"). ACC was then transformed into the Steering Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain an easy to remember acronym, "ACSC". What is the Atmos Cities Steering Committee? ACSC is a coalition of 154 cities that unite in common purpose to address gas utility rate and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility rates charged to cities and their residents are fair and reasonable; (2) maintain reasonable franchise fee revenues for cities; (3) protect cities' original jurisdiction over rates and services; (4) be a voice for consumers where no state agency assumes such a role; and (5) promote sound ratemaking policy in the public interest. Cities join the permanent standing committee by passing a resolution and agreeing to support the work of ACSC through modest occasional per capita assessments which support ongoing administrative and legislative advocacy and all expenses where cities are not entitled to reimbursement. Each member city designates a representative to ACSC. Member representatives may volunteer to serve on the ACSC Executive Committee or Settlement Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs litigation, establishes a legislative agenda, sets assessments on members as needed and meets quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating resolution of contested matters with Atmos executives. The list of current members is attached. What is the benefit of membership iu ACSC? One hundred fifty-four cities speaking as one voice is much more effective in advocacy before the Railroad Commission and legislature than any one city or multiple small groups of cities. The legislature has given gas utilities a right to an annual increase in rates. Resources (both financial and human) of individual cities are conserved by membership in ACSC. Additionally, membership enhances institutional memory of ratemaking issues, public policy debates, and right-of-way and franchise fee battles. What has ACSC accomplished recently? Going into the legislative session, ACSC in December 2010 released a 48-page report, "Natural Gas Consumers and the Texas Railroad Commission." More than 200 television, newspaper and radio news sites posted information on and a link to the report which may be found on ACSC's website, TexasGasConsumers.org. Earlier in 2010, ACSC representatives visited on several occasions with the Sunset Commission Staff, and several ACSC recommendations for reform were included in the Sunset Commission Report on the Railroad Commission, delivered to the legislature's Sunset Committee prior to public hearings on the agency. Several ACSC member representatives testified before the legislature regarding reforms needed at the Railroad Commission. i sooaoa During the most recent legislative session, lobbying efforts by ACSC were critical in killing two gas utility bills that would have undermined traditional regulation, deprived cities of certain rights, and led to even greater rate increases. ACSC has resolved a major issue involving franchise fees. Atmos unilaterally, without notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of whether specific franchises included such payments. Several cities were willing to pursue the matter through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each member city to determine whether it desired an increase in franchise fee payments based on inclusion of franchise fees in the calculation of gross receipts. If a city opted for inclusion of fee -on -fee revenues, it had the further option of retroactive payments back to the point in time that Atmos decided to curtail fee -on -fee payments. Each member had these options regardless of the wording of the then valid franchise agreement. This resolution spared significant litigation costs and anxiety and was only possible because of the clout of the ACSC membership. One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of the then pending system -wide rate case. Approximately 50 ACSC city representatives showed up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to Atmos practices, the unfairness of annual Gas Reliability Infrastructure Program ("GRIP") rate filings that precluded city and citizen review, and the Company's lack of coordination with cities. That meeting led to the creation of the Rate Review Mechanism ("RRM") process and greater ongoing communication between the Company and ACSC. In 2010, ongoing communications between ACSC and the Company led to a workable solution to the need to replace steel service lines in a manner that accommodated city needs to control their rights -of --way, while moderating the rate impact and focusing first on the riskiest service lines based on leak repair histories. This compromise precluded a more onerous (from a city and consumer perspective) program threatened by the RRC. What is a RRM case? The concept of a RRM proceeding emerged as a three-year experimental substitute for GRIP cases as part of the settlement of Atmos Mid-Tex's 2007 system -wide rate case. In 2003, the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to recover changes to invested capital without a review of whether increased revenues or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid -Tex fBed GRIP cases as soon as the RRC adopted rules to implement the interim adjustments. As explained below, it quickly became apparent that the GRIP adjustments were terrible public policy. As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all portions of Mid-Tex's cost of service. It fixed an authorized rate of return on equity for the three-year period at 9.6% (which was less than what the RRC would have authorized) and set 3 ��z�� caps on the extent to which expenses or investments could increase from one year to the next. More importantly, it allowed cities to make a comprehensive evaluation of all aspects of the utility business —investment, operation and maintenance expenses and revenues —unlike GRIP which only allows consideration of changes to invested capital. Why is RRM superior to GRIP? The GRIP cases are one-sided guarantees of a rubber-stamp of the utility's rate request. ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos Mid -Tex at the RRC. Not only were cities' motions to intervene denied, but also, ACSC's comments were ignored. At the city level, ACSC consultants determined that Atmos was not only including items such as artwork, chairs, computers and meals in interim rate adjustments that were allegedly intended to promote pipeline safety, but also the Company was over -earning its previously authorized rate of return. ACSC attacked the Commission's rule in court because it denied city participation, denied a hearing on a contested matter, and denied Ni recovery of any expenses associated with resisting GRIP rate increases. The courts have not been helpful to cities and the Texas Supreme Court has affirmed the denial of cities' right to participate in GRIP cases at the RRC. Cities have contended that GRIP is terrible public policy since it authorizes what would from a history of public interest regulation be regarded as unlawful —piecemeal ratemaking. GRIP allows rates to increase if the utility's invested capital net of depreciation increases year - over -year. An increase in rates is mandated under GRIP if investment increases, even if increasing revenues and declining expenses more than offset the costs associated with increased investment. The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by providing for a comprehensive review of Atmos' expenses and revenues. Furthermore, RRM benefits ACSC by: (1) allowing cities participation that would be denied under GRIP; (2) allowing cities to recover, at utility shareholder expense, all their ratemaking costs; and (3) avoiding both litigation and RRC jurisdiction. The legislature has functionally authorized annual increases in gas utility rates through the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have cities participating in the comprehensive RRM process than unable to participate in a piecemeal process. What has been the history of the RRM efforts? In 2010, ACSC, in settling the third RRM proceeding, agreed to a slight modification and extension of the process. A settlement of the fourth annual RRM is now pending before ACSC members. The results of the four RRM proceedings are as follows: RRM Filing #1 #2 #3 #4 Year Atmos Request 2008 $33.5 million 2009 $20.2 million 2 )10 $70.2 million 2 )11 $15.7 million 0 ACSC Settlement $20 million $2.6 million $27 million $6.6 million � sooaos These results are better for cities and consumers than would have been authorized by the RRC under the GRIP process. What is the future of the RRM process? The settlement of the fourth RRM filing anticipated ACSC and Atmos working between August and December to refine the RRM process. A settlement perpetuating the RRM process was not reached by the end of 2011 which has led to the filing of the January 31, 2012 traditional rate case. Discussions regarding the future of the RRM process will continue as we attempt to resolve the rate case by settlement. If you have other questions please ggay@Iglawfirm.com. Geoffrey Gay ACSC, General Counsel 5 contact me at (512) 322-5875 and/or i soo2os Council Meeting: February 14I 2012 Account Code #: Budgeted Amount: Item No. 2dZ City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Roma Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Approve Resolution regarding the 2012 Facilities Use Agreement with AYSA. SUMMARY: Attached is a Resolution authorizing the renewal of the Facilities Use Agreement with the Anna Youth Sports Association for 2012. New in the 2012 Agreement is a priority authorization for AYSA to use the park concession facilities (including the concession building at Slayter Creek Park) to sell concessions at all athletic events (except for AISD UIL events) held at city park facilities. ASYA agrees to pay the City an annual flat fee of $1,000 for this right. RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA YOUTH SPORTS ASSOCIATION FOR 2012, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Anna Youth Sports Association (AYSA) or ("Association") is set up to provide fundamental sports for children ages 5 to 18 years ; and, WHEREAS, The Association's goal is to provide a basic knowledge of all sports to the players and to instill teamwork and good sportsmanship into every player; and, WHEREAS, the Association desires to use facilities owned by the City of Anna ("City") to operate their programs; and, WHEREAS, the City desires to enter into a Facilities Use Agreement (the "Agreement") that recognize the relationship between the City and the Association and that formally authorize the Association to use City facilities to operate their programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the attached Agreement attached hereto as Exhibit 1, and authorizes the City Manager to execute same. PASSED by the City Council of the City of Anna, Texas, on this 14t" day of February, 2012. ATTEST: Natha Wilkison, City Secretary Mayor, Darren R. Driskell CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 FACILITIES USE AGREEMENT This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas (the "City") and the Anna Youth Sport Association ("AYSA" or the "Association"), a Texas nonprofit association. The City and the Association are collectively referenced in this Agreement as "the Parties." FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree as follows: I. The City agrees to permit the use of its facilities commonly known as the Sherley Park baseball field, the Johnson Parlc baseball/softball fields, and the Slayter Creek Park baseball/softball fields (collectively, the "Spring Ball Facilities") for the Association's 2012 Spring Baseball and Softball Regular Season. The Spring Baseball and Softball Regular Season shall run from March 1, 2012 through July 31, 2012 and shall consist of the regular season games with a maximum of two post -season tournaments. The Association shall not schedule games to be played on Slayter Creek Park fields B 1 and B4 without prior approval from the Cam. Any request for field usage after July 31, 2012 for the Spring Baseball and Softball Regular Season will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post -season tournaments, not including practices, try -outs, scrimmages, or preseason games. The City agrees that with the exception of the fields at Slayter Creek Park, the Association shall have priority use of the Spring Ball Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.in. Monday through Friday, and from 9:00 a.m. to 9:30 p.m. on Saturday and Sunday. The Association is permitted to use fields B2 and B3 at Slayter Creels Park for team practices during the regular season subject to a shared scheduling agreement with the City of Anna and the Anna Independent School District. Slayter Creek Park fields B 1 and B4 shall not be used for team practice. The Association shall provide the City with the regular season practice schedule for each field. II. The City agrees to permit the use of its facilities commonly known as the Slayter Creek Park multi -purpose field, the multi -purpose field at Bryant Park, and the multi -purpose field at Geer Park (collectively, the "Spring Soccer Facilities"), for the Association's 2012 Spring Soccer Regular Season. The Spring Soccer Regular Season shall run from February 1, 2012 through May 30, 2012 and shall consist of the regular season games with one post -season tournament. Any request for field usage after May 30, 2012 for the Spring Soccer Regular Season will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post -season tournament, not including practices, try -outs, scrimmages, or preseason games. The City agrees that the Association shall have priority use of the Spring Soccer Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m., Monday through Friday. The Association shall provide the City with the regular season practice schedule for each field. The City agrees to permit the use of its facilities commmonly known as the Slayter Creek Park baseball/softball fields, (collectively, the "Suimner Ball Facilities") for the Association's 2012 Suininer Baseball Regular Season. The Summer Baseball Regular Season shall run from May 15, 2012 through June 11 30, 2012 and shall consist of the summer regular season games with a maximum of two post -season tournaments. The Association shall not schedule games to be played on Slayter Creels Park fields B 1 and B4 with out prior approval from the CitX. Any request for field usage after June 30, 2012 for the Summer Baseball Regular Season will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post -season tournaments, not including practices, try -outs, scrimmages, or preseason games. The Association is permitted to use the Summer Ball Facilities for team practices during the regular season subject to a shared scheduling agreement with the City of Anna and the Anna Independent School District. The Association shall provide the City with the regular season practice schedule for each field. IV. The City agrees to permit the use of its facilities coimnonly known as the Slayter Creek Park multi -purpose field, the Sherley Park baseball field, the Johnson Park baseball/softball fields, the multi -purpose field at Bryant Park, and the multi -purpose field at Geer Park (collectively, the "Fall Soccer Facilities"), for the Association's 2012 Fall Soccer Regular Season. The Fall Soccer Regular Season shall run from July 15, 2012 through November 15, 2012 and shall consist of the fall regular season games with one post -season tournament. Any request for field usage after November 15, 2012 for the Fall Soccer Regular Season, will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post -season tournament, not including practices, try -outs, scrimmages, or preseason games. The City agrees that the Association shall have priority use of the Fall Soccer Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m., Monday through Friday. The City further agrees that the Association shall have priority use of the Sherley Park baseball field and the Johnson Park baseball/softball fields for team practices during the regular season from 9:00 a.m. to 9:30 p.m. Saturday and Sunday. The Association shall provide the City with the regular season practice schedule for each field. V. The City agrees to allow the Association to use and manage the concession buildings at Sherley Park, Johnson Park, and Slayter Creek Park (collectively, the "Concession Buildings") in connection with athletic events that occur during the term of this Agreement, except that the Anna Athletic Booster Club shall be give the first option to use the Concession Buildings in connection with UIL baseball and softball games sponsored by Anna ISD. All concession operations shall be in compliance with applicable state and local health codes. The Association agrees to pay the City a flat fee of $1,000 for the entire calendar year or $350 per quarter. Such payment(s) shall be due on January 1 or (if made on a quarterly basis) the first payment is due on January 1 with additional quarterly payments due the first day of April, July, and October. In the event the Association does not provide concessions for athletic events that occur during the term of this Agreement, the City may authorize other organizations to use and manage the Concession Buildings to provide concessions at those events. VI. The Association acknowledges that its use of the Spring Ball Facilities, Spring Soccer Facilities, Summer Ball Facilities, Fall Soccer Facilities, and Concession Buildings (collectively, the "Park Facilities") under this Agreement is non-exclusive and that the City has final authority over the scheduling of all Association use (including games and team practices) of the Park Facilities under this Agreement. The Association shall 2 provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Excepted as noted below, the Association may reschedule regular season games provided that, the authorized Association representative notifies the City of the schedule change in advance, and the change does not interfere with another previously scheduled use of the Park Facilities. The Association shall not schedule or reschedule games to be played on Slayter Creek Park fields B 1 and B4 with out prior approval from the City. VII. The non-exclusive use by the Association of the Park Facilities is subject to the terms of an Interlocal Agreement between the City of Anna and Anna Independent School District ("Interlocal Agreement") executed by said parties on March 20, 2006, as amended. To the extent of any conflict between the Parties' obligations under this Agreement and the City's obligations under the Interlocal Agreement, the City's obligations under this Agreement will yield to the Interlocal Agreement and the City shall not be liable for any damages that may be caused or occasioned by any such conflict. Not withstanding anything in this Agreement, the Association's use of the Parlc Facilities shall be subject to and yield to any and all repairs, maintenance, and construction activities, deemed necessary by the City to preserve, repair, maintain, or expand the Park Facilities or any public facilities owned or operated by the City. The City shall not be liable for any damages that may be caused or occasioned by any such repair, maintenance, or construction activity. VIII. The term of this Agreement shall be for one year from January 1, 2012 through December 31, 2012. VIX. Upon termination of this Agreement, the Association and the City Inay negotiate a new agreement. The Association shall have 30 days to remove movable equipment that it owns that is not of a permanent nature, upon termination of this Agreement. Nothing herein shall prohibit the City from entering into facilities use agreements with other organizations provided that other such agreements do not conflict with this Agreement. The City reserves the right to utilize the Park Facilities at all times other than when the City's use would unreasonably interfere with Association regular -season games that have been properly scheduled in accordance with this Agreement. X. The Association shall not assign this lease nor shall it sublease or rent out any property of the City without prior written consent of the City. This provision includes sports camps and tournaments. Due to the necessity of inter -league play in order to compete some leagues, the Association shall insure that an Association team is scheduled for each game played on any part of the Park Facilities. XI. 3 The Association shall not engage in any business on any part of the Park Facilities or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The collection of admission or "gate" fees by the Association is permissible, for no more than two tournaments or special events per calendar year, as long as the Association makes the request to the City for approval at least two weeks prior to the start of the tournament or special event. Association agrees that the location of such admission access points shall not prevent or impede other park users from accessing other common or general areas of the park, including but not limited restrooms. The collection of tournament entry/registration fees by the Association is permissible. 1•i� THE ASSOCIATION SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY AND PROPERTY DAMAGE AND ALL OTHER CLAIMS IN ANY WAY RELATED TO, ARISING OUT OF, OR MADE IN CONNECTION WITH ANY ACTIVITIES OF THE ASSOCIATION OR ANY OF ITS MEMBERS OR PARTICIPANTS. The Association shall maintain a general liability insurance policy in the amount of at least one million dollars ($1,000,000) and shall name the City as an additional insured on its said policy. The coverage shall contain no special limitations on the scope or protection afforded to the Association, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, the Association must provide the City with a certificate of such insurance issued by the insurer. The certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days notice to the City prior to the cancellation of the policy. XIII. The Association shall submit to the City the names, addresses and phone numbers of all Association officers and board inernbers within two weeks after election or appointment. The Association shall furnish to the City rosters of all teams, players, coaches and other participants including names, addresses and telephone numbers for all such persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks after completion of registration and the full schedule shall be submitted at least two weeks prior to the first regular season game. The Association shall also submit a copy of all contracts, if any, entered into by the Association for any of its operations related to the Park Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. XIV. The Association shall conduct criminal background checks on all of its volunteers and participants, including but not limited to coaches, board members, and any other person acting in an official capacity with any organization directly overseeing the Association's youth activities. The Association shall employ the National Alliance for Youth Sports to conduct such checks or a reputable company licensed by the State of Texas to conduct such checks. These checks shall be conducted prior to the beginning of each regular season and shall remain valid for the calendar year. The Association shall also adopt and publish a criminal background check policy to be used for determining an individual's eligibility to coach or otherwise participate in its youth activities. Should an individual be disqualified as a result of the check, the Association will prohibit that individual from serving in any capacity with the Association's activities. The 0 Association shall establish a policy as to no its criminal background checks will be processed and will pay for the cost of each check. The Association shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual's involvement with any youth -related activities. An Association Board Member shall sign this listing for final verification of the actions taken by the Association. XV. The Association shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as the Association's "Field Managers." In the case of inclement weather, it shall be the responsibility of a Field Manager to contact and discuss field playability with a "City Representative" before a scheduled game, said Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City Representative to make a decision, consult with a Field Manager, or otherwise act in connection with the Association's use of the Park Facilities, the Field Manager must solely rely on the decision or action of a City Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer acting in a law -enforcement capacity. XVI. The Association agrees to stop play and all other operations on any part of the Park Facilities by 11:00 p.rn., unless it receives written permission to go beyond 11:00 p.m. from the City's Representative. The Association shall have the responsibility to turn off all field lighting. XVII. The Association agrees to pay the City a fee of $0 per resident player and $10 per non-resident player per regular season for those leagues/teams scheduled to play on any part of the Park Facilities to cover the costs for lighting and maintaining the Park Facilities. This fee is due to the City within two weeks after the start of each regular season. The Association shall pay a 10% late fee in addition to any fees paid after the due date. The Association agrees to register all of their teams with the Texas Amateur Athletic Federation. /,r+Iii� The Parties shall have the obligations and shall abide by the standards set forth in the below referenced exhibits as qualified herein. The City's obligations as to maintenance of the Park Facilities shall be limited to providing the Park Facilities in a reasonably useable condition, subject to weather and other factors beyond the City's control. Notwithstanding any part of this Agreement, the Parties understand and agree that by entering into this Agreement, the City is not waiving any immunities or limitations of liability available to it under the law and that its obligations as set forth in this Agreement are not intended to create and do not create any duty or standard of care that a municipality would not otherwise be required to meet to avoid liability under Texas law. The nature of this Agreement is to allow the Association limited use of certain City -owned facilities provided that the Association observes the various obligations, restrictions, and limitations set forth herein. Said obligations, restrictions, and limitations are not in the nature of services provided to the City. All services that the Association provides and that relate to its use of facilities under this Agreement are services that the Association provides exclusively to its members and participants, and while this Agreement governs to some extent the manner in which said services are to be provided, the 5 Parties understand and agree that the Association is not providing and shall not provide any goods or services to the City under this Agreement. It is further understood and agreed to by the Parties that this Agreement is not a contract subject to Chapter 271, Subchapter I. of the Texas Local Government Code. This Agreement is intended to be exclusively between and to benefit only the City and the Association, and the Parties do not intend that any third party should benefit from this Agreement or obtain any rights or claims hereunder. It is especially provided and agreed by and between the Association and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHIBIT A —Facilities Maintenance EXHIBIT B —Field Inspection and Closure EXHIBIT C —Concession Buildings Maintenance XIX. This Agreement shall not become effective unless and until the Association provides the City with a true and correct copy of a certificate issued by the Office of the Texas Secretary of State —or other proof satisfactory to the City —that the Association has properly filed with said Office a statement appointing an agent authorized to receive service of process in accordance with Vernon's Ann.Texas Civ.St. Art. 1396-70.01, Sec.12(a), et seq., as amended (the "Agent"). The Association shall thereafter provide the City with a copy, upon filing, of any amendment(s) to such statement that occur during the term of this Agreement and for two years thereafter. Further, the Association shall take all necessary steps to assure that the City has been provided written notice of the identity and the mailing address and the physical address of the Agent. The obligations in this paragraph shall survive for two years after the termination of this Agreement. XX. Any violation by the Association of any of the provisions of this Agreement shall result in the termination of this Agreement and the City's obligations hereunder once the City has provided the Association with sufficient time to cure such violation after the City provides written notice of such violation. In the event any such violation relates to nonpayment or untimely payment by the Association of any sums due hereunder, the Association shall have 60 days after the City provides said notice in which to cure the violation, or such other time as agreed to by the Parties in writing. In the event said violation is for other than nonpayment or untimely payment by the Association, the Association shall have 30 days after the City provides said notice in which to cure said violation, or such other time as is agreed to by the Parties in writing. Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt requested, and shall be considered to have been provided on the date of mailing to the following addresses: If to the City: City Manager City of Anna 111 N. Powell Parkway City of Anna, Texas 75409 6 If to the Association: This agreement is made and entered into on the day of CITY OF ANNA: City Manager ANNA YOUTH SPORTS ASSOCIAITON: Association President EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain all turf areas to include snowing, weed control, fertilizing and herbicide spraying on the Slayter Creek Park fields B 1, B4, and multi -purpose field; and mowing on the Slayter Creek Park fields B2 and B3, the Sherley Park field, the Johnson Park fields, the Bryan Park multi -purpose field, and the Geer Park multi -purpose field. 2. The City shall maintain all back -stops, fences, gates, and permanently installed soccer goals. 3. The City shall maintain all bleachers and dugouts. 4. The City shall maintain the ball field lighting systems. 5. The City shall be responsible for the maintenance of any irrigation systems. 6. The City shall maintain the restrooms in proper working condition. 7. The City shall be responsible for hauling off trash that has been properly deposited in trash duinpsters. 8. The Association shall provide all bases, pitching plates, soccer goals, and all other equipment required for game play. All soccer goals provided by the Association shall be removed to the edge of the maintained turf areas at the conclusion of each practice or game. Other than bases, pitching plates, soccer goals, and other game -play equipment owned by the Association, the Association shall not permit any damage or removal of any part of the Park Facilities, and shall at all times during its use of the Park Facilities maintain the Park Facilities in good and safe condition. If at any time the Association discovers any poor, damaged or unsafe condition of the Park Facilities, it shall immediately notify a City Representative of same. 9. Unless otherwise provided by the City, the Association shall perform all pre -season infield clay maintenance to include adding clay, clay renovation, and cutting infield areas and base paths. The City shall provide the clay for said maintenance. The Association shall build the pitcher's mounds if needed. The City shall provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City. 10. Unless otherwise provided by the City, the Association shall regularly drag and maintain the infields in a weed -free and playable condition. 11. Unless otherwise provided by the City, the Association shall mark all foul lines, boundary lines, and other field markings required for game play. 12. The Association shall be responsible for maintaining all Park Facilities areas and all adjacent grounds in a litter -free condition during its use of the Park Facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 13. The Association shall be responsible for cleaning the City owned restroom facilities adjacent to the Park Facilities and shall provide all necessary supplies, during and immediately after its use of the Park Facilities. 14. The Association shall not perform any maintenance to any turf area or snake any modifications to the Park Facilities without written permission from the City. 15. The Association shall be responsible for securing the Parlc Facilities at the end of each day or evening of play. This includes, but is not limited to, locking all gates and doors and turning off all interior building lighting, and field lighting. 16. The Association shall prohibit its coaches/players from hitting baseballs into any fence unless it occurs in the natural course of a game. Failure to enforce this policy may result in the Association incurring the costs associated with the repairs of the fencing. 17. If the Association desires to request any special park components or other special services be provided by the City for tournaments or other special events, such request shall be submitted to the City at least two weeks prior to the start of the tournament or event. 18. All make-up games must be approved by the City. D. ■ 1��I7i►`i.`l� D[yl li C�7►/_�►iZ�iC�7.Yi1.7 Reasons for Athletic Field Closure 1. It is raining or there is a threat of lightning or other dangerous weather condition at game time. 2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. City's General Procedures for Athletic Field Closure (these are internal City procedures for informational purposes and are subject to change without notice) (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make -decision based upon field condition or weather. 3. Consult with the appropriate Field Manager, or his/her designee, about the status of the field(s). 4. Should the Association's Field Manager and the City Representative not agree, the decision of the City Representative shall be final. 5. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m. When necessary, a City Representative will come in and close the fields affected. (Weekends) 1. Inspect Athletic Fields by 3:00 p.in. on Friday and by 7:00 a.m. on Saturday. 2. Make a decision based upon field condition or weather at the tune if possible. 3. If a decision at 3:00 p.m. Friday is not possible, a City Representative familiar with the Athletic Fields will make decisions on field closure as needed throughout the weekend. 4. A City Representative will consult with the Association's Field Manager about the status of the fields. 5. Should the Association's Field Manager and a City Representative not agree, the decision of the City Representative shall be final. Implementation 1. Thep responsibility for making field closure decisions rests with the City Representative responsible for Athletic field maintenance. However, to the extent a Field Manager observes any weather condition or condition of the field or Park Facilities that threatens safe play, the Field Manager must stop play until the condition has ceased or been repaired and the condition is no longer a threat to safety. 2. The appropriate Association's Field Manager has the responsibility to inform the Association and the participants about the field closure decision. EXHIBIT C CONCESSION BUILDINGS MAINTENANCE 1. The Association shall appoint a Concession Buildings manager who shall be responsible for the maintenance and operation on the Association's concession operations and for compliance with the policies outlined in this Exhibit "C". 2. The Association shall be responsible for cleaning the interior of the building after each and every use or event. Cleaning shall include but is not limited to the following: • All potentially hazardous food products and all opened pre -packaged food bags or containers shall be removed from the building. Unopened pre -packaged food left in the building inust be placed in the storage area off the floor and stored in a manner that prevents contamination or access by rodents, roaches or other vermin. • All countertops, tables, and other surfaces shall be wiped clean with a disinfectant cleaning product. Any stains, dirt, grease, or food product residue on the walls, doors, and window coverings shall also be removed and surfaces shall be wiped clean. • All floor spills shall be mopped and cleaned with water and a disinfectant cleaning product. • The entire floor area shall be swept clean and all food product residue shall be removed from the building. • All trash containers must be emptied and fitted with a clean plastic liner. All trash must be placed in the trash dumpster provided by the City located in the parking lot. 3. The Association shall be responsible for securing the Concession Buildings at the end of each day or evening of play, or event. This includes, but is not limited to, locking all doors and service windows and turning off all interior building lighting. 4. The Association shall not permit any damage or removal of any part of the Concession Buildings, the associated equipment and facilities, and shall at all times maintain the buildings, equipment and facilities in good and safe condition. If at any time the Association discovers any poor, damaged or unsafe condition of the building facilities or equipment, it shall immediately notify the City of same. 5. The Association shall be responsible for maintaining all Concession Building and all adjacent grounds in a litter -flee condition during its use of the facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. 6. The Association shall be prohibited from performing any maintenance or making any modifications to the Facilities without written permission from the City. Council Meeting: February 14, 2012 Account Code #: Item No. 5 (e) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 02/09/12 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve site plan for "Premier Pawn". SUMMARY: Premier Pawn has found a need for additional storage of received goods. They plan on accomplishing this in a two phase manner. The area identified as Phase II (Phase I is the existing building) will be connected to the existing structure with access from the interior of Phase 1. The structure will have an exterior brick matching the existing building. Phase III will convert the existing masonry dumpster enclosure to additional storage. No dumpster is currently used on site. All trash is by supplied waste containers placed at curb. The site plan does not change the original landscape requirements set forth in the original approved site plan. Mr. McDonald the owner of the property was present. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the site plan at their meeting on February 6, 2012. The vote was unanimous. RECOMMENDED ACTION: Approval of the site plan. Item No. 5 e City Secretary's use only { t �; §f b 7 S�e In In In It— z E5 .r��CIn III, vt r}firIIJ 1 ) �-jq� In —� 1: 00 i �. In Yap �4`6e asp aza mr E3g€ V GNP si2€ ` �Ygs -@I®spa Itee stV c 3 Vt Wv to 44 It ;WC in9I VIE k f�q� Lcrn�.x3�xx} _�Ltrssz fOtt � 3p9=`set �" —It 3 __ �� Aga$ 3. i$G �C:6F'•� i s' 3 In NN i g6'� f� • 2-jAy o Y f9 _i q „wig ux .ef 1 f :\J' It • ��j�VS. _ '34 i .. J iY � x\t IN �& ` xi An o �hc8? dy � G Item No. 5 fZ City Secretary's use only City of Anna City Council Agenda Staff Report NA, TEXAS Council Meeting: February 14, 2012 Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: X Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or 'housekeeping" items required by law. Items may be considered individually by any Council member making such requestprior to a motion and vote on the Consent Items, Approve CDC Minutes for October 20, 2011 and November 8, 2011. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve the minutes. MINUTES OF SPECIAL MEETING OF THE COMMUNITY DEVELOPMENT CORPORATION Thursday, October 20, 2011 tc,r.=ar,'. ic1r, The Community Development Corporation ("CDC") of the City of Anna met at 5:01 p.m., Thursday, October 20, 2011, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Gene Bowles, Vice -President of CDC, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Connie Stump, Gene Bowles, and Sherilyn Godfrey. Directors Duane Hayes, John Houcek and Jason Schilli were absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Gene Bowles gave the Invocation and led the Board in the Pledge of Alliance. 4. Consider/Discuss/Action regarding adopting a resolution authorizing an expenditure of contract services funds for a survey of Slayter Creek Park as part of the CDC's contribution to Phase II of Slayter Creek Park. Ms. Perkins reminded the board members of the board's commitment to fund a portion of the Slayter Creek Park Phase II. The city of Anna has requested that the board cover the cost of the survey as a part of the boards' contribution. Connie Stump made a motion to approve the resolution authorizing the expenditure of funds for a survey. It was seconded by Sherilyn Godfrey. All in favor. Motion passed. 5. ConsiderlDiscuss/Action regarding adopting a resolution authorizing an expenditure of contract services funds for an appraisal of Slayter Creek Park as part of the CDC's contribution to Phase II of Slayter Creek Park. 1. The Corporation may vote and/or act upon each of the items tilted in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justiticd under the Open tvtceting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office or the City Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made. 10-20-2011 Special CDC Minutes.doc 1 Ms. Perkins reminded the board members of the board's commitment to fund a portion of the Slayter Creek Park Phase 11. The city of Anna has requested that the board cover the cost of an appraisal as a part of the boards' contribution. Sherilyn Godfrey made a motion to approve the resolution authorizing the expenditure of funds for an appraisal. It was seconded by Connie Stump. All in favor. Motion passed 6. Update on Shop Local, Shop Anna. Ms. Perkins reported that the Shop Local program was off to a slow start, but planned to pick up the pace in November. It will be an on -going effort to keep business involved and pushing residents to the site. 7. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551 o072)1 b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071), and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand In or near the territory of the City of Anna and with which the Board is conducting economic development negotiations, or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Not necessary. 8. Review of bills and fiscal year 2010-11 budget. Since it is the end of the fiscal year 2010-11 budget, expenditures were added to budget breakdown to show all costs for the year. 9. Consider/Discuss/Action regarding approving the regular meeting minutes from September 1, 2011. Jason Focht made a motion to accept the minutes as written. Sherilyn Godfrey seconded. All in favor. Motion passes. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924=3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-20-2011 Special CDC Minutes.doc 2 10. Adjourn. Connie Stump made a motion to adjourn the meeting. Jason Focht seconded the motion. Motion carried and the meeting adjourned at 5:30 p.m. APPROVED: Gene Bowles Vice -President of CDC ATTESTED: 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the t?pen Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-20.2011 Special CDC Minutes.doc 3 i3EVt_l_t;Pc:';_pJT MINUTES OF SPECIAL MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, November 8, 2011 The Community Development Corporation ("CDC"} of the City of Anna met at 5:01 p.rrt., Thursday, November 8, 2011, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Gene Bowles, Vice -President of CDC, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Connie Stump, Gene Bowles, Sherilyn Godfrey, John Houcek and Duane Hayes (5:05). Director Jason Schilli was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Gene Bowles gave the Invocation and led the Board in the Pledge of Alliance. 4. Public Hearing: To consider public comment on the expenditure of funds for certain projects (the "Projects"). The Projects will be financed and/or paid from, the proceeds of sales tax revenue and other resources of the Corporation. The Projects shall include: land and building improvements, equipment purchases, park facilities, and improvements, capital expenditures, targeted infrastructure, site improvements, promotional expenditures, engineering and/or legal services, administrative services, and other purposes permitted by law, in order to provide improved community development and/or to promote new or expanded business enterprises for the benefit of the public. The costs of the Projects are estimated not to exceed $125,000. All interested persons are invited to attend the public hearing and speak for or against the undertaking of the proposed Projects. 1. "rhe Corporation may vote and/or act upon each of the items listed in this agenda. 2.'I'he Corporation reserves the right to retire into executive session concerning any orthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting Nvho may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-08-2011 Special CDC Minutes.doc 1 The public hearing was opened and closed at 5.05 p.m., by Gene Bowles, in the absence of public comment. 5. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 651.072 AND 651.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551,072), b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071), and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Not necessary. 6. Review of bills and fiscal year 2010-11 budget. There were no bills to review. Since the 2010-11 fiscal year is coming to a close, the budget breakdown was updated as well as the balances. 7. Consider/Discuss/Action regarding approving the special meeting minutes from October 20, 2011. Not available. [THIS SPACE INTENTIONAL LEFT BLANK] 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-08-2011 Special CDC Minutes.doc 2 8. Adjourn. Jason Focht made a motion to adjourn the meeting. Connie Stump seconded the motion. Motion carried and the meeting adjourned at 5:07 p.m. APPROVED: Gene Bowles Vice -President of CDC ATTESTED: Shelilyn G(�dfrey Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should wntact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-08-2011 Special CDC Minutes.doc 3 (� U Item No. 5 g). City Secretary's use only City of Anna City Council Agenda Staff Report CITY OF ANNA, TEXAS Council Meeting: Februaty 14, 2012 Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: X Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non-cont�^oversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items, Approve EDC Minutes for October 20, 2011 and November 8, 2011. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve the minutes. �t%11.U} PtFI i:016IfIIE OInN MINUTES OF SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION Thursday, October 20, 2011 The Economic Development Corporation ("EDC") of the City of Anna met at 5:32 p.m., Thursday, October 20, 20111 at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, 1. Call to Order Connie Stump, President of EDC, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Connie Stump, Gene Bowles, and Sherilyn Godfrey. Directors absent were: Duane Hayes, John Houcek, and Jason Schilli. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for EDC. 3. Update on purchase of property at 312 North Powell Parkway. In mid -September, bids were solicited from banks for a loan with respect to the property. There are a few glitches that need to be worked out regarding whether the loan would be taxable or non -table. If it is non -table there would be significant savings when it comes to interest. Ms. Perkins is what to hear from the bonding company about the issue an opinion. 4. Consider/Discuss/Action regarding adopting a resolution authorizing the EDC's Chief Administrative Officer to execute an Economic Development Inventive Agreement with Proxmo. Motion to table by Connie Stump and seconded by Sherilyn Godfrey. All in favor. Motion passes. 5. Cansider/Discuss/Actian regarding adapting a resolution authorizing the EDC's Chief Administrative Office to execute an Economic Development Incentive Agreement with Proxomo. 1. The Corporation may vote and/or act upon each arthe items listed in this agenda. 2. 'fhe Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally.justitied under the Opcn Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-20-2011 Special EDC Minutes.doc 1 In the fall, the City applied for another USDA grant. It was not granted. The first opportunity to re -apply is in the spring of 2012. Ms. Perkins has been courting a technology -based business, Proxomo, that is interested in relocating to Anna. As. Perkins recommended moving forward with the economic development incentive. Jason Focht made a motion to adopt the resolution approving an economic development incentive grant for capital investment performance with Proxomo, Inc. Gene Bowles seconded the motion. All in favor. Motion carried. 6. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations, or (2) To deliberate the offer of a financial or other incentive to to business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Not necessary. 7. Review of bills and fiscal year 2010-11 budget, Since the fiscal year 2010-11 budget is coming to a close, additional expenditures were added to budget breakdown. 8. Consider/Discuss/Action regarding approving the regular meeting minutes from September 1, 2011. Gene Bowles made a motion to approve the minutes as written. Jason Focht seconded the motion. All in favor. Motion carried. (.'The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-20-2011 Special EDC Minutes.doc 2 9. Adjourn. Shenlyn Godfrey made a motion to adjourn the meeting. Gene Bowles seconded the motion. Motion carried and the meeting adjourned at 6*12 p.m. Stumpa w9mv AV W Constance Anne Presidentof ATTESTED: Secretary of EDC I. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meering Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-20-2011 Special EDC Minutes.doc 3 MINUTES OF SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION Thursday, November 8, 2011 The Economic Development Corporation ("CDC") of the City of Anna met at 5:08 p.m., Thursday, November 8, 2011, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Connie Stump, President of EDC, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Rall Call and Establishment of Quorum. Directors in aftendance were: Jason Focht, Connie Stump, Gene Bowles, Sherilyn Godfrey, John Houcek and Duane Hayes. Due to a family emergency, Connie Stump had to leave the meeting and Gene Bowles, Vice -President of EDC, presided over the meeting. Director Jason Schilli was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Consider/DiscusslAction regarding adopting a resolution approving a loan agreement in the amount of $335,000.00, pledging sales tax revenues to secure repayment thereof, a sales tax remittance agreement between the City and EDC, authorizing the execution of all related financing documents, and approving other matters related thereto for the purchase and renovation of property located at 312 North Powell Parkway. After a discussion with respect to financing, renovation costs and design, Duane Hayes made a motion to adopt the resolution approving a loan agreement in the amount of $335,000.00 (of which approx. $175,000 will be used for renovation of property), pledging sales tax revenues to secure repayment thereof, a sales tax remittance agreement between the City and EDC, authorizing the execution of all related financing documents, and approving other matters related thereto for the purchase and renovation of property located at 312 North Powell Parkway. Motion was second by John Houcek. All in favor; Motion carried. I. The Corporation may vote <md/or net upon each or the items listed in this agenda. 2. "1'he Corporation reserves the right to retire into executive session concerning any of'the items listed on this agend�r, whenever it is considered necessary amd legally,justified under the Open Mectjng Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the ollice or (tic City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-08-2011 Special COG Minutes.doc 1 4. Considering/Discuss/Action regarding adopting a resolution approving a lease agreement with Image Vision. era discussion with respect to the tenant financial worthiness, Duane Hayes made a motion to adopt the resolution approving the lease agreement with Image Vision Labs, Inc., for rent of property located at 312 North Powell Parkway. Sherilyn Godfrey seconded the motion. All in favors Motion carried. 5. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551 w087 OF TEXAS GOVERNMENT CODE TO DISCUSS. a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072), b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §651.071); and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). The foregoing was read into the record. Sherilyn Godfrey made a motion to move to Closed Session that was seconded by Duane Hayes. Motion carried and Closed Session began at 5:34 p.m. After discussing the matters at hand, Connie Stump made a motion that was seconded by Sherilyn Godfrey. Motion carried and the Board reconvened to Open Session at 6:01 p.m. 6. Review of bills and fiscal year 201Owl 1 budget. There were no bills to review. Since the fiscal year 2010-11 is coming to a close, the budget breakdown was updated as well as the balances. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-08-2011 Special CDC Minutes.doc 2 7. Considertuiscuss/Action regarding approving the regular meeting minutes from October 20, 2011. Not available. 8. Adjourn. Jason Focht made a motion to adjourn the meeting. Duane Hayes seconded the motion. Motion carried and the meeting adjourned at 6:08 p.m. Constance Ann Stump President of EDC Secretary of EDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-08-2011 Special CDC Minutes.doc 3 CITY �� ANNA, TEXAS Council Meeting: Account Code Budgeted Amount February 14, 2012 n/a 67A Item No. 5 (h ) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: �C Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution providing approval for the Anna Community Development Corporation to enter into a Ist Supplemental Amendment to Loan Agreement and Promissory Note and to Security Agreement (Image Vision Labs, Inc.) concerning subordination of security for revolving loan. SUMMARY: Staff received a call from Image Vision about some very positive meetings they had in California last week. They have investors looking to infuse about $500,000 into their company to assist with further product design. In order to move forward with investor funding, Image Vision needs the CDC to subordinate their loan the loan from the USDA grant received for $99,900). The CDC did this last year with another Venture Capitalist Lender and Image Vision was able to secure a large infusion of cash which has resulted in more jobs. STAFF RECOMMENDATION: Staff recommends you adopt a resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO SUBORDINATE THEIR LOAN WITH IMAGE VISION LABS TO SUPPORT EXPANDED BUSINESS DEVELOPMENT WHEREAS, the Board of Directors of the Anna Community Development Corporation the "CDC"), met at a duly noticed meeting on February 14, 2012 and determined that it is in the best interests of the CDC to enter into a 1 st Supplemental Amendment to Loan Agreement and Promissory Note and Security Agreement (the "Amendment") concerning subordination of security for revolving loan; and WHEREAS, on February 14, 2012, the CDC adopted a resolution approving of the Amendment and authorizing its execution subject to the approval by the City Council of the City of Anna ("City Council"); and WHEREAS, the City Council believes that providing the subordination to the loan is in the CDC's best interest and will promote new and expanded business development in the City; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Business Expansion Project The City Council approves of the CDC entering into and executing the Amendment. PASSED AND APPROVED by the City Council of the City of Anna, Texas this day of February, 2012. APPROVED: ATTEST: Darren R. Driskell, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 Council Meeting: February 14, 2012 Account Code #: N/. Budgeted Amount: N/A Item No.6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Wilkison Date Prepared: 2-9-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding appointments to fill vacancies on the Planning and Zoning Commission, Parks Advisory Board, Economic Development Corporation, Community Development Corporation, and Board of Adjustment. (City Council) SUMMARY: Currently there is one position vacant on P & Z; Parks Board; EDC/CDC. BOA has one position and two alternate positions vacant. Your packet contains a copy of the applicant's application for the position they have an interest in. I do not have any applicants for BOA at this time. All applicants have been notified regarding attending Tuesday's City Council meeting. RECOMMENDATION: Staff recommends malting appointments to fill the vacancies on the boards and commissions. CITY UlF AN NA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applications will be held far one (1} year. 3oard/Commission Preference: ® EDC —Economic Development Corporation )� P&Z —Planning and Zoning Commission ❑ Board of Adjustments ❑ CDC —Community Development Corporation ❑ Parks Advisory Board Nome Address: U)IJeStwooGZ e7. Arlrl ri� 75yo Fiume Telephone: e2a7,�'Q`1� ,Home Fax: Home E-maiL• resident for j years Professiontoccupation (please attach current resume): f'cr�'c� Nit �in�stS �-X Business Name: C ol1 JAJCo✓r)1Y ✓ Business Address: n,Da/a ;Zf> Business Telephone: dy Business Fax: Business E-mail: s9Ly.`//��.ys CO• Go I)rlN . 7k', V s Special knowledge or experience applicable to board/commission function: Other information (e.g., civic activities): 5© 0�/ 11154 re6sj IaC A s !7c%' &Vo Ptes f'r "qT Sf� ,e .L Add .,► of /'^ WY Vln Ha e u ever been t of a felony or a crime involving moral turpitude? Zl4 Signature Date Please return completed aoolicatlon to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 7540M776 972-924-3325 972-924-2620 FAX nwllklson@annatexas. gov JAN 7 � RCC'U CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applications w!!! be held for one (9) year. Board/Commission Preference: ❑ EDC—Econom(c Development Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Name: ❑ CDC —Community Development Corporation ❑ Parks Advisory Board W 14ff t6 }! ri t' LA 0. P-C e l� it Home Address: ,T_.�E�F°7� (,-i��l�-Y,d6� (-ELLS Home Tefephone: `) i %. 633 , f t) 5 (-tome Pax: Home E-mail: t.� n.o,n.n-� . I..oD��"C�C� ,�l.a,rAnna resident for Profession/occupation: Business Name: Business Address: Business Telephone: Business E-mail: usiness Fax: Special knowledge or experience applicable to board/commission function: Other information (e.g., civic activities): 2 Have you ever been convicted of a felony or a crime involving moral turpitude? Date Please return completed aptolication_to_ Office of the City Secretary 111 N. Powetl Parkway PO Box 776 Anna, TX 7640M776 years 972-924-3325 972-924-2620 FAX nwilkison@azmatcxas.gov MAY 1 8 2011 IR APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Atote; Applications will be heldfor one (1) ,year. Board/Commission Preference: ❑ EDC Economic Development Corporation ❑ P&Z-Planning and Zoning Commission ❑ Board of Adjustments Name: Home Address; ..2� ❑ CDC —Community Development Corporation Parks Advisory Board Home Telephone: �%63 �/� 5�3� Home Fax: Home BTiail;oo`i' - 7 [r�/�. Ccoepf Anna resident for years Profession/occupation: Business Name: t /1r2' �'' 7s""Y�6 Business Telephone:. 903 Lf/8 f Y3.2 Business Fax: Business Email. W `�uCri'iPFP,44< �tld ,ctfL w �a Special knowledge or experience applicable to board/commission function: Other information {e.g., civic activities}: Have you ever been convicted of a felony or a crime involving moral turpitude? Gila Signature Date Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 7540M776 912-924-3325 972-924-2620 FAX nwilkison@annate�as.gov 0 APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS ,tote: Appffrafions Mil"a Field far orre (4j year. Board/Commission Preference: ❑ EDC —Economic Development Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Name: .lit7",T7_TIR�3t Home Telephone: ❑ CDC —Community Development Corporation LParks Advisory Board Home Fax: Home E-mail:111rl .CLlCt [Je#w'Anna resident for years Profession/occupation: Business Name: 61'!&rd ee Amu, Ch(fn Lie o Co/m'?eee-fie 11t Business Address: 0 � (o .Ai1/')a � �� 9 Business Telephone:'tc- 94 3 Business Fax:��"'` Business E-mail: Some.. C,o m. � Special knowledge or experience applicable to board/commission function: 0 Other information (e.g., civic activities): Have you,.ever beenpgnvicted of a felony or a crime involving moral turpitude? Date Please return completed application to: Ciffice of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 fPJ 972-924"3325 972-924-2820 FAX nwi(kison�annatexas.gov R:7 CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Nota: Atspticatiotls wiN i3e fiefd for orre (4) year. Board/Commission Preference: ❑ EDC —Economic Development Corporation ❑ P&Z--Planning and Zoning Commission ❑ Board of Adjustments Name: Jlm Parry ❑CDC —Community Development Corporation Parks Advisory Board Home Address: 1802 Cedar Wood Trail, Anna, TX 75409 Home Telephone: 24.326.1043 Nome Fax: Home E-mail; ljkkparry@gmail.com Anna resident for 6 Profession/occupation: Business Name; Trinity Science Solutions Business Address: Gunter, TX Business Telephone: 214.454.4435 Business Fax: Business E-mail: lim@trinitysciencesolutions.com years Special knowledge or experience applicable to boardlcommission function: I have worked in outdoor programming management for 30 years for the YMCA, l was the Program Director at the Adventure Camp 2006 - 20110 I am on the board for Texas Association for Environmental Educa#ion. Other information (e.g., civic activities): I am active in my church, and have served on several vestries and leadershi committees and boards. Have you ever been convicted of a felony or a crime involving moral turpitude? No Signature Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 1/27/2011 bate 972-924-3325 972-924-2620 FAX nwilkison@annatexas.gov JAN 3 4 2012 Jim Parry Resume Contact: 1802 Cedar Wood Trail Anna, TX 75409 Cell Phone: 214.326.1043 .k2 kkparryi'a),amaillcom Current Positions: Substitute Teacher, Anna ISD, Gail Higgins (972) 924-1000 or g_aii_higg€ns annaisd.ora. Trinity Science Solutions (January 20Q6 —present) Earth Science and State Standards Education, home of the Big Canyon Balloon and Earth Orbit Expo. Supervisors: Laurie Henry, Terri Monk 972,632.8202 www,trinitVsciencesolutions.com, McKinney, Texas, r6070. Teacher, assist with marketing and curriculum development Education: BA, University of Minnesota, Geology Certifica#ions: YMCA Senior Director, Executive Development Program, Camp Director University, Lifeguard, First Aid, CPR, AED, Child Abuse Prevention, New Staff Orientation Trainer, Eagle Scout, YMCA White Rag, High Ropes, Climbing Wall, fluent in all Microsoft Office applications, web design, curriculum writing. Professional Involvement: American Gamp Association Children and Nature Committee, E-Insti#ute Faculty YMCA of the USA Environmental Education Task Force Naturally"— Columnist, Camping Magazine Board member Texas Association for Environmental Education Past president, Indiana Association for Environmental Education Trainer for various YMCA, ACA, TREE conferences Chair — Outdoor Nudge Conference Convener, North Texas Outdoor Educators Previous Experience: Outdoor Education Director (February 2006 #o December 2Q1Q) YMCA Collin County Adventure Camp, YMCA of Metropolitan Dallas www.collincountyadventurecamp.org Oversee operations for Outdoor Education program Annual program budget $1.3 million, $2.1 for Camp, serving 12,000 people, 23,000 for Camp Strong relations with over 80 schools Achieved 100% growth in 5 years Recruiting, hiring, training, supervising 18 staff Facilitators Budgeting, program supplies, camp operations team, curriculum development Strategic planning, marketing, web page, YMCA relations Executive Director, YMCA Camp Potawotami, YMCA of Greater Fort Wayne (2002 — 2006) Outdoor Education Director, Flat Rock River YMCA, YMCA of Indianapolis (1999 �- 2002) Associate Executive Director, YMCA Camp Kern, Dayton YMCA (1998 —1999) Outdoor Education Director, Camp Classen YMCA, YMCA of Oklahoma City (1992 —1998) Outdoor Education Director, Storer Camps, YMCA of Toledo, Ohio (1989 - 1992) Program Coordinator, Frost Valley YMCA, Claryville, New York (1987--1989) Seasonal Teacher: Storer Camps, Camp Campbell Gard, Piney Lake for Eco-Education, Camp St. Croix. Personal: Married to Jennifer, 2 daughters, active in my church, play guitar. References for Jim Parry Kevin Spaeth Executive Director, Collin County Adventure Camp Anna, Texas Now at: Mustang Island Episcopal Camp and Conference Center kevin.spaeth@dwtx.org 214.667.5600 Brian Thomas Outdoor School Coordinator, Plano, Texas Office: 469-75M168 The Reverend Janice Auch Executive Pastor, St. Philips Frisco, Texas Cell: 972.795.8296 Episcopal Church John Raskin, PhQ Director of Education, Islandwood Outdoor Center Bainbridge Island, Washington 206.855.4300 johnh@islandwood.org Aiber� McWhorter Past Director, Camp Classen YMCA, retired Norman, Oklahoma (405) 447-8721 apricemcwhorter@gmail.com CITY 4F ANNA APPLICATION FOR ,7rXA CITY COUNCIL�APPOINTED BOARDS AND COMMISSIONS ,vote, Applica@ions will beheld far vne (9} year, Board/Commission Preference: i wjEDC —Economic Development Corporation [� CDC —Community Development Corporation ❑ P&Z —Planning and Zoning Commission L 0 Parks Advisory Board ❑ Board of Adjustments Name: Home Address: Home Telephone: C'f �- <{'_. •� � Home Fax: Home E-mail: Z�.� I i �{�4'C�r C< � 't r ( -Anna resident for ! years Profession/occupation: (,��w��2G�� Business Name: Business Address: Business Telephone: Business E-mail: usiness Fax: Special knowledge or experience applicable to board/commission function: Other information {e.g., civic activities): Have you ver ��convicted of a felony or a crime involving moral turpitude? � i � 1}-PJtl-r�`'�f I 11 N A\11 t )kignaturvv,.Date Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 7540M776 972-924-3325 972-924-2620 FAX nwiikison@annatexas.gov r><av I a.. zol1 CITY OF ANNA APPLICATION POR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS fVofe: fkpplicaPions will beheld for one (?) year. Board/Commission Preference; ❑ EQC -Economic Qeveiopment Corporation ❑ P&Z -Punning and Zoning Commission ❑ Board of Adjustments Name: ❑ CQC -Community Developmen#Corporation ❑ Parks Advisory Board Home Telephone: 4117 )'3 , a.5 Home Fax: Name Email: I,�;n.r��. , I..nD��ru,,11.�rAnna resident for Profession/occupation: Business Name: Business Address: Business Telephone: Business Fax: Business E-mail: Special knowledge or experience applicable to board/commission function: Other information (e.g., civic activities): 2-- years Have you ever been convicted of a felony or a crime involving moral turpitude? Date Please return completed application to., Office of the City Secretary 111 N. Powel! Parkway PO Box 776 Anna, TX 75409-0776 972-924-3325 972-924-2620 FAX nwi Ikison@annatexas.gov MAY 1 8 2011 COUNCILwAPPOINTED BOARDS iri COMMISSIONS 3oard[Commission- CDC Economic peve{apment Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Name: Home Address; i GaC —Community Lievelopment Corporation ❑ Parks Advisory Board Home Teleph�ne:.:�i s r7r�rJ � ��{ � � Nome Fax; c I`�1[ti 1. C.ta�Y1 r sWent for. "(�,,years Hon'te Professionloccupation: [business Narrte: Business Address: Business Telephone; _:a\� 5 5 0 _ �1 �"t Business Fax: Business E-mail: Cc �c1`� �041( ,. �)t I�lj� 1 i.�� (Special knowledge or experience applicable to boardlrommission furtciion: Other information (e•g„ civic activities): !-cave you ever been conv(cted of a felony nr a crime involvinr� moral iurpihade? � ��U Signature Date -- VA Please return comoleted amllcetlon to: (7fflce of the City Secretary 1 t 1 {V. Powell t'arkway Pa pox 776 A nna, TX 75409»Q776 972.924-332v 972»924»2G2b FAX nwllk{son�2alinatexast!ov o JAN 2 5 Pa1? JAN 2 5 Pa1? CITY CIF ANNA APPLICATION FOR CITY COUNCILwAPPOINTED BOARDS AND COMMISSIONS Aloie: ApgliM0008 w/11 beheld gor one (?) YVC41. Board/Commission Preference. Q EDC-Bconomic Development Carporation ❑ P&Z --Planning and Zoning Commission CI Board of Adjustments ❑ CDC --Community bevelopment Corporation ❑ Parks Advisory Board Name: SHANNON MILLER Home Address: 2032 PINE KNOLL WAY Home Telephone: 214-52M452 Rome Fax: Home t'-mail; SDMI11ER137 ai�7YAHOO.COM Anna resident for Profession/occupation: Business Name: NATIONAL CREDIT SOLUTIONS 5 years Business Address: 2035 CENTRAL CIRCLE # 107, MCKINNEY, TX Business Telephone: 214.504.7106 Business Fax: Business E-mail. S.MILLER�NCS70O.COM 214.544.9707 Special knowledge or experience applicable to board/commission function: business to them. Networking with clients in helping their business grow. Other information (e.g., civic activities Attend community events, atten local church in Anna - The Word Chairperson -Food Committee, participating with the Anna Food Pantry. Volunteer with CARES Team -Apt life, Company Volunteer Chairperson Haue you ever been convicted of a felony or a crime involving moral turpitude? NO Signature Date Pleasexeturn completed application to: ry Office of the City Secreta 111 N. Powell Parkway PO Box 776 Anna, TX 76409-0776 972-924-3325 972-924-2620 FAX nwilkison@annatexas.gav FE8 3 2012 Board/Commission Preference: � I*DC —Economic Development Gorporation ❑ P&Z—Piannfng and Zoning Commission ❑ Board of Adjustments Name: Sandy Setliff Ci CDC —Community Development Corporation ❑ Parks Advisory Board Home Address: 317 Hilltop Drive, Anna, TX 75409 Home Telephone: 214 8313670 Home Fax: 214 831 3670 Home E-mail: sandy.setliff@att.net Anna resident for (almost) 2 years Profession/occupation: Business Namep JP and Associates Realtors Business Address: 11891 Forge Drive, Frisco, TX 75035 Business Telephone: 214 820 1696 Business Fax: 214 831 3670 Business Eummail: sandysetliffhomes@gmail.com irnpacting home sales and home values in our area. As a former HR Director and Airline Call Center Manager I understand jobs and profit/loss accountability. Other information (e.g., civic activities), Member Pin Oaks Christian Fellowship Have you ever been convicted of a felony or a crime involving moral turpitude? No Signature Date Please return completed applicafion_to; Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409.0776 972-9243325 972-924-2620 FAX nwil kiso n@azu�atexas.gov SANDY SETLIFF SPHR, REALTOR sandy seUiff@att.net Home: 214 831 3670, Celh 818 519 3670 Executive Profile Accomplished, results -oriented Realtor and Human Resources Executive with broad HR experience including call center management, staff training and communications, policy development, performance management and payroll and benefits administration. Skill H • 10�- years of Leadership, Management and Human Kesource experience in call center high volume operations generating multi -million dollar revenues and non-profit management • txcenent ieaaersnrp ana communrcanon sr<ms • Background in airline industry, non-profit management • international Events and Assignments Core Accomplishments Human Resources department development and oversight: • Productive Payroll Practices decreasing processing errors, established salary ranges for consistency in compensation • Creative Benefits Administration Increasing staff commitment and engagement • Effective Policy and Procedure development and compliance • Proactive employee recruitmentlinterviewing; on -boarding; talent management/career development • Efficient oversight of Worker's Compensation, Family Medical Leave, EEOC, ADA, and OSHA compliance Training and Communications • Visionary developmenticoordination of management training programs increasing staff confidence and proficiency • Innovative staff training and communications Including Employee Satisfaction Survey raising trust and engagement • Passionate about Leadership and Management/Supervisory excellence • Proficient disciplinary action and conflict resolution, coaching and counseling Project Management • Dependable implementation of international events and activities garnering repeat requests for products and services • Established results driven monthly reporting process Call Center Management • Focused da€ly management and administration of 725 agent call center includ€ng budget forecasting and oversight • Productivity and sales for Call Center Team of 5 supervisors/180 sales representatives generating $9 M in monthly revenues • Results Oriented Profit & Loss accountability and cost containment: decreased staff while lowering call handling time Non -Profit Management • Innovative PlanninglDevelopment/Implementation of Non-profit branch start-up • Organized and resourceful event planning engaging and encouraging staff and volunteers • High -performing fund-raising/Donor Development: exceeded annual fund-ra€sing goals by over 50% Professional Experience REACTOR _ J(' and Associates Realtors, Frisco, Texas Licensed 11/30/11 Residential Real Estate Sales INDEPENDENT MANAGEMENT AND LEADERSHIP CONSULTANT, Dallas, TX November 2009 to Present Joni and Friends Dallas/Ft. Worth -Interim Area Director (February 2011 -- August 2011) Leadership Training -Joni and Friends International Disability Center (March 2Q11) Wheels for the World EgyptlJordan, OR/Haiti Wheelchair distributions - Team Leader (February 2010 — November 2010) DIRECTOR OF HUMAN RESOURCES August 2005 —September 2009 Joni and Friends International Disability Center, Agoura Hills, CA • Development and oversight of Human Resources department and organizational processes including recruitment and interviewing, payroll, benefits administration, policies and procedures, comp)€once, reception staff oversight. • Talent Management/Career Development. • Sem€-monthly payroll oversight including 403(b) plan administration and contributions. • Annual evaluation, selection, open enrollment and staff communications for medical/dental benefits. • Compensation: developed/maintained salary ranges byjob classification and department. • Introduced and implemented annual employee satisfaction survey, results analysis, response, action plan. • Training and Communications for Management and Staff. • Co -Managed relocation of organization to new facility, management of 34,000 SF facility. US FIELD OPERATIONS PROJECT MANAGER October 2003 —September 2005 Joni and Friends international Disability Center, Agaura Hills, GA • Protect and management support for 15 US Field Offices. • Developed monthly reporting form for accountability and goal tracking. • Accessibility Team Coordinator for Los Angeles Billy Graham Crusade. • Oversight of Special Delivery program delivering over 7,000 gifts annually. Solicitation of product donations, dispersion of goods, and tracking deliveries. AREA DIRECTOR, JONi AND FRIENDS DALLASlFT, WORTH October 1996 — September 2003 Joni and Friends International Disability Center, Agoura Hills, CA • Organizing Director for start-up of branch office • Recruited Board of Directors • Organizational planning and program development • Staff recruitment, office location and finish -out • Fund development fully funding annual budget • Established local Family Retreat and Wheels for the World programs doubling program sizes within 5 years utilizing over 150 volunteers MANAGER, RESERVATIONS SALES July 1995 — October 1996 Delta Air Lines, Inc., Dallas, TX • Directly responsible for Management and Human Resource support for 725 employee call center including payroll, staffing, and compliance with Federal and State regulations. • Managed productivity and sales for a team of 5 supervisors with a total of 180 sales representatives supporting $9 million in monthly Corporate/Leisure, Domestic and International travel bookings. Fully accountable for team and Individual productivity, cost control and budget administration. • Proactively monitored and coached employee career development and administrative employee personnel and entitlement programs. • Lowered call handling time and generated productivity and revenue increases. • Implemented workgroup re -engineering and a pay for performance incentive program which achieved cost containment and productivity Increase objectives. Special Assignment; Coordinated on -site closure of International Reservations and Ticketing offices in Rome, Italy • Completed assignment 2 months ahead of schedule CHIEF SUPERVISOR, RESERVATIONS SALES June 1989 --July 1995 Delta Air Lines, Inc., Dallas, TX • Directly responsible for Productivity and Sales for a team of 6 supervisors with a total of 180 sales representatives, including the Training department, City Ticket Offices, International Rates, Customer Service, and Delta Cares (Human Remains). • Coordination of training for call center supporting 500 sales representatives. • Recruitment and interviewing. • Decreased departmental staff while lowering call handling time. • Supervisor, Reservations Sales Education HR Certification Institute, 20g9 Senior Professional in Human Resources (SPHR)\ Texas Tech University, Lubbock, Texas B.S. SANDY SE I LIFF SPHR— Paga 2 317 Hllitap Drive, Mna. 7vxas T5408 Home: 214 831 3870, Cell: 818 510 3670, sandy,satlilfgDallsnv( Keywords Human Resources Leadership, SPHR, Compliance, Microsoft Office Suite, Recruiting, Hiring, Employee BenetitsI staff Development, Retention, Budget Development, Budget Administration, Change Implementation, Staff Development, Staff Motivation, Training and Development, Talent Management, Benefits Administration, International Assignments, Departmental Operations Management, Employee Scheduling, Event Management and Promotion, Performance Evaluations, Team Leadership, Team Player, Call Center Management, SPHR, Senior Professional in Human Resources, Interim. APPLICM UION FOR Cl f:,tY01'ANNA,ik:%FF TY COUNCIL -APPOINTED BOARDS AND CO�d MISSIONS Note: ,4pplica1ions w1t1 be held for one Hoard/Commission Preference: ® EDC —Economic Development Corporation ❑ P$Z � Pianning and Zoning Commission © Board of Adjustments Name: Casey O. Bond Home Address: 809 Westfield Dr. ❑ GC1C —Community Development Corporation ❑ Parks Advisory Board Home Telephone: 214-63ti-5874 Home Fax: Home E-mail: bpndcasey@hotmail.com Anna resident for � Profession/occupation: Business Name: The Samaritan Inn Business Address: 1710 N. McDonald McKinney, TX i5071 Business Telephone: 972-542-5302 ex 245 Business Fax: 972'569-9988 Business E-mail: cband@thesamaritaninn.org years Special knowledge or experience applicable to boardlcommission function: I currently serve as the Program Director at The Samaritan Inn. I have experience In program development and evaluation that has lead to several successful endeavors including a transitional housing program for 30 families. Other information (e.g., civic activities): 1 am an advocate far increased social services in Collin Cauniy,_ I have volunteered in the Run For Cover event, Collin Classic, Homeless Paint -in -Time National coon and various other fundraising and awareness events since 20013. Have you ever been convicted of a felony or a crime involving moral turpitude? NO 01 /25/2012 Signature Date Please return comafeted aaallcation tom Oft'tce of the City Secretary 111 N. Powell Parkway PO Box 776 nna, TX 7540M776 A 972-924-3325 972-924-2620 FAX nwilkison@annatexas.gov am I Casey O'Neill Bond, LMSW 809 Westfield Dr., Anna, TX 75409 4. at am am1 21.4-636~5874 bondeaseY@hotnlail,conl F am Professional History _ ... . . The. Samaritau.Inn-McKinney, TX Program Manager am July 200G _Preseint. . a .. ) — Prograin Man4gek of Collin Courity's onlyhomeless program.. Duties include supervisor to direct care staff, poordination, and training to direct care volunteers, :participant in . fundraising and community outreach, coordination of.the overall interdisciplinary plan of care for the -client from .intake, to exit -and monitors .service delivery for:: effectiveness. and efficiency on an ongoing basis to ensure program and client. sue cessam YWCA Counseling, Center•Grand Rapids; MI Social Worker _ August 2004-Apn'l 2006` Social worker at Michigan's flagship .treatment center for:domestic violence, sexual am am a assault and child sexual abuse. ` Served as lead facilitator of the Surdivor's Grpup for - women affected by doriestie violence and co -facilitator of Men Choosing Alternatives to Violence program; a six4month.court ordered program. for domestic violence perpetrators. Also served. as Sexual Assault Victim Advocate for,Nurse Examiner's Program. Duties include new client evaluation and group placement, therapy progress assessinent; discharge readiness; repoi�ong.to courts; and:the development, implementation and . documentation of pre/post .questionnaires to track program results.- Baxter Community Center -Grand Rapids Michigan m FJF a am Soeial Work Intern September 2005 .... , Barter's primary function is addressing the immediate medical and mental health needs. of tow income individuals, and families. Duties in development'and managedam . treatment plans -for children and adults; in class supervision1. to. assess ADD/AD14D a amth symptoms. in client children and individual and family therapy. The Women Center at Grand Valley State University -Allendale; MI; .Graduate Assistant August 20041,,vApril 2005 25 how; per week paid assistantship;with responsibilities in,program development arid. implementation, program evaluation , fundraising and marketing . NationaTOccupational Competency Testing Institute -Big Rapids; MT Test Development Coordinator 200X2005 A technical and administrative support role at a national company providing standardized . testing; sco+nng,.and statistical analysis to colleges, .licensing agencies and large employers: - Duties included the start -to -finish tracking; scanning and scoring of 5,000�% 10,000 tests per week in a!'deadline-driven environment that demands meticulous -attention to detail. Also. assisted in customer satisfaction and marketing eff rts. IF Education . Grand Vallcy.Statc.University-200.6- IF Allendale, Michigan . Master of Science.in Social Work Ferris State Universiiy-20Q4 . . Big Rapids; .Michigan Bachelor of Science in Social Work Dquble minor in Sociology and Multi -Cultural Relations Memberships . Licensed Master -of Social Work in the State of Texas National Association Fof Social Workers Phi Alpha.Honor.Society CITY OF ANNA APPLICATION FOR t :voea:ar,,7Fxn:; CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Appilcations will be held for one (9} year. Board/Commission Preference: l (� EDC —Economic Development Corporation ❑ P&Z —Planning and zoning Commission ❑ Board of Adjustments Name: Home Address: ❑ CDC —Community Development Corporation Parks Advisory Board CC - Home Telephone: �Home Fax: Home E-mail: f"itS 1 1l A-(t6L(d. Own,( G''�'` Anna Professionloccupation: �� !� Business Name: Business Address: resident for _� years Business Telephone: Business Fax: Business E-mail: Special knowledge or experience applicable to board/commission function: 3ther information (e.g., civic activities): Have ou� ver be convicted of a felony or a crime involving moral turpitude? VA z L I" 1 MA\f I I Signatur Date Please return completed applicatian.to Office of the City Secretary 111 fV. Powell Parkway PO Box 776 Anna, TX 75409-0776 972-924-3325 972-924-2620 FAX nwilkiso n@annatexas.gov MAv 1 9 zo11 INN � APPLICATION FOR citvo<rmian,ex,tis C11 COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Apptications wilt beheld for one Hoard/Commission Preference: ❑ EDC --Economic Development Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Home Address: ❑ CRC -Community Development Corporation ❑ Parks Advisory Board f �f l4t�d.r� T)JcrLC tS A. Home Telephone: , "? l 7 • ,�,�3 , � �..5 Hame Fax: Home E-mail: (n'�;n n . �Ot' �) �trAnna resident for Profession/occupation: Business Name: Business Address: Business i'elephone: Business Fax: Business E-mail: Special knowledge or experience applicable to board/commission function: Other information (e.g., civic activities): years Have you ever been convicted of a felony ar a crime involving moral turpitude? �('� AAF ilg Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 972-924-3325 972-924-2620 FAX nwilkison r�annatexas.gav MAY ti $ 2011 ■w Council Meeting: February 14, 2012 Account Code #: Budgeted Amount: Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution awarding the bid and authorizing execution of a contract for the Anna Fire Station Remodel. SUMMARY: Prior to the close of the FY 2011 budget year, the Council directed that the remaining money is the general fund contingency allocation ($52,838) be placed in fund balance and assigned to be used to make improvements to the fire station. The proposed fire station remodel project will provide permanent sleeping quarter, showers, access to the dayroom, and kitchen facilities in the fire station. On January 5, the City published a call for competitive sealed proposals for the necessary construction work. Proposal bids were opened on January 26. Four bids were received as follows: Brown Custom Building $58,400 J Houser $82,247 Schmoldt Construction $92,000 Denco Construction $11 %000 RECOMMENDATION: Staff recommends approval of the attached Resolution which awards the construction bid to Brown Custom Building for $58,400. The project architect has reviewed the contractor's references and notes that the company has a proven track record with two local municipalities and has been asked to complete several projects for each reference provided. Both references attest to the contractor completing the projects on time and within budget. Subject to approval of this Resolution, I am directing the Finance Director to add an additional $10,000 to the assigned fund balance from the unreserved fund balance to cover the construction cost, inspection fees and project contingency. CITY OF ANIMA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND AUTHORIZING EXECUTION OF SAME FOR THE CITY OF ANNA FIRE STATION REMODEL PROJECT 2012. WHEREAS, in accordance with State Law, the City of Anna, Texas (the "City") has solicited a Request for Competitive Sealed Proposals for the City of Anna Fire Station Remodel Project 2012 (the "Project"); and WHEREAS, proposals were opened in accordance with State Law on January 26, 2012 at 2:00 p.m.; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") may award a contract to the bidder who provides goods or services at the best value for the City; and WHEREAS, the Staff has reviewed the proposals submitted against the value factors to be considered and is recommending that the construction contract be awarded to Brown Custom Building; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Contract The City Council hereby authorizes the City Manager to execute a construction contract for the City of Anna Fire Station Remodel Project 2012, attached hereto as Exhibit 1 and incorporated herein for all purposed, with Brown Custom Building. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of February 2012. - - : O1TI" ATTEST: Darren R. Driskell, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 CONTRACT AGREEMENT THIS CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES Contract (hereinafter this "Contract Agreement") entered into this day of 20_ by and between the CITY OF ANNA TEXAS a Texas municipal corporation, ("City") and Brown Customer Building, located at Anna, Texas ("Contractor"). WITNESSETH: WHEREAS, the City wishes to contract for the project identified CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES_ (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): Remodel of the existing fire station ambulance apparatus bays and sleeping quarters to become the new complete sleeping quarters, kitchen and dining facilities and bathrooms for the complete fore station and ambulance crews in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; 1 Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the 'Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive � If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. 3 Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all %J the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificates) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the pertormance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Substantial Completion (as defined herein below) of the Project not more than 45 calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City the sum per day (or said per -day sum shall be deducted from the monies due the Contractor) as set forth in the following schedule: AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $251000.00 $100.00 $25,000.00 to $99,999.99 $160.00 $1001000.00 to $999,999.99 $240.00 More than $1,000,000.00 $500.00 Per Day Per Day Per Day Per Day Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an 5 j p6 equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of 58 400. The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10`h calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment 0 Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 6.02 above for anticipated liquidated damages. (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in the work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: FUNCTION If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality Cl" new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arisinq from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arisinq out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal iniury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney's fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a proceeding to enforce this Section 10) which in whole or in part are caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement. 10 02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such iniury or damage shall accrue, or may be discovered before or after termination of the Contract. 10 03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section '13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). 13.02 One or more changes to the work within the general scope of the Contract, may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a notAo-exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify Cl"d obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: 1. For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. + Applicable Subcontractor Costs =Subtotal of Costs to the Contractor + Contractor's Overhead and Profit =Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradictor limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE Third Party Rental Eauipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. J �� 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contractor provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 1101. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City 's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section %01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,uuu for each accident. 17.04 Contractor shall furnish insurance certificates or insurance policies at the Citys request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificates) of insurance and endorsements) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice foI any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for aCity-issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any persons) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Philip Sanders, City Manager ATTEST: Natha Wilkison, City Secretary (SEAL) (Brown Customer Building) BY: (name and title of authorized representative) ATTEST: SECRETARY (SEAL) U • W KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s)), as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: Dollars ($ ) an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted on or about this day a proposal offering to perform the following project: CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect. In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Surety Principal By: (Title) (Title) PRINT NAME: By: ADDRESS: (Title) PHONE/FAX: By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: PRINT NAME: ADDRESS: PHONE/FAX: KNOW ALL MEN BY THESE PRESENTS, that _ (hereinafter called the Principal(s)), as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: lawful money of the United States for the payment whereof, the said themselves, and their heirs, administrators, executors, successors severally, firmly by these presents. WHEREAS, the Obligee, dated project: Principal the has entered into a day of _ Dollars ($ ) Principal and Surety bind and assigns, jointly and certain written Contract Agreement with the for the following CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES and said Principal under the law is required Contract Agreement to execute a bond in Contract Agreement is hereby referred to extent as if copied at length herein. before commencing the work provided for in said the amount of said Contract Agreement, which nd made a part hereof as fully and to the same NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)3 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principals) and Surety(s) have signed and sealed this instrument this day of , 20 s Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. *By: Principal By: (Title) (Title) PRINT NAME: By: ADDRESS: (Title) PHONE/FAX: By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: PRINT NAME: ADDRESS: PHONE/FAX: PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called Surety(s), are held and firmly bound in the amount of: the ( Principal(s)) as Principal(s), and hereinafter called the Surety(s)), as unto the CITY OF ANNA (hereinafter called the Obligee), Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the the Obligee, dated the Principal has entered day of _ into a certain written Contract Agreement with for the: CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Surety Principal by: By: (Title) (Title) PRINT NAME: By: ADDRESS: (Title) PHONE/FAX: By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: _ PRINT ADDRESS: PHONE/FAX: MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT as PRINCIPAL, and a CORPORATION organized under the laws of as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of: Dollars ($ ) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said , the Contractor, did on , 20 written Contract Agreement with the said City of Anna to build and construct: enter into a CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said _ (Contractor) has caused these presents to be (Surety Co.) executed by its ATTORNEY-IWFACT said ATTORNEY -IN -FACT has hereunto set his hand this the day of , 20 SURETY: (Company) By: Print Name: Title: Address: Phone/Fax: PRINCIPAL: (Company) By: Print Name: Title: Address: Phone/Fax: CERTIFICATE OF INSURANCE TO: CITY OF ANNA ANNA, TEXAS THIS IS TO CERTIFY THAT CERTIFICATE OF INSURANCE DATE: _ PROJECT: (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Per Person $ Workmen's Per Occur. $ Compensation Property Damage $ Per Person $ Per Occur. $ Public Liability Property Damage $ Per Person $ Per Occur. $ Contingent Liability Property Damage $ Per Person $ Per Occur. $ Property Damage Property Damage $ Per Person $ Per Occur. $ Builder's Risk Property Damage $ Per Person $ Per Occur. $ Automobile Property Damage $ Per Person $ Per Occur. $ Other I Property Damage $ The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered: Description of Operations Covered: Additional Insured: City of Anna, Texas The above policies, either in the body thereof or by appropriate endorsement, provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than sixty (60) days in advance of cancellation or change. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER (Name of Insurer) By: Title: _ Address: Phone/Fax: NOTICE TO PROCEED Project: City of Anna Fire Station Remodel 2012 —City of Anna, TX Issued To: Date Issued: You are hereby notified to commence work in accordance with the Agreement dated the day of 20 on or before the day of 20 and complete all of the work within thereafter. consecutive calendar days The date of completion for all work shall therefore be the 20 Issued by: City of Anna, Texas (Owner) Bv: Philip Sanders City Manager ACCEPTANCE OF NOTICE: Receipt of the above notice to proceed is hereby acknowledged by Brown Customer Building, this day of , 20 By: Contractor Date of Issuance: Effective Date: Owner: City of Anna, TX Project: City of Anna Fire Station Remodel 2012 Contract changes are approved as follows: Description of changes: Reason for Change Order: Attachments: CONTRACT PRICING Original Contract Amount including Add/Alternates: $ Net Increase from Previous Change Orders: $ Contract Price Prior to this Change Order: $ Net Increase/Decrease of this Change Order: $ Contract Price with All Approved Change Orders: $ City of Anna, TX By: Philip Sanders, City Manager Date: [Insert Name of Contractor] By [Insert name of signator] Date: Please sign both copies; return one copy to: City of Anna, TX c/o [Insert name of project manager] PO Box 776 Anna, TX 7540M776 SUPPLEMENTARY GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS Section 1. SUPPLEMENTARY GENERAL PROVISIONS 1.01 PURPOSE OF SUPPLEMENTARY GENERAL PROVISIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications ("Standard Specifications"), which include the Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the these Supplementary General Provisions; provided that where any discrepancies occur between the Supplementary General Provisions and the Standard Specifications, the Supplementary General Provisions shall govern. The Supplementary General Provisions are included herein for the purpose of adapting the Standard Specifications to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 1.02 SCOPE OF WORK: A. Work is to be done in accordance with City of Anna Standard Specifications. B. The work done under the contract documents shall consist of the following: CITY OF ANNA FIRE STATION REMODEL 2012: REMODEL OF EXISTING FIRE STATION TO PROVIDE FOR NEW SLEEPING QUARTERS AND BATHROOM FACILITIES C. The intent of the contract documents, including the Standard Specifications, General Provisions, Technical Provisions, and other instruments, documents, drawings, maps, etc., comprising the Plans and Specifications, is to describe a completed work to be performed by the Contractor under the Contract Agreement as an independent Contractor. D. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. E. The Contractor will maintain at all times on the job site, a superintendent authorized to receive and fulfill instructions from the engineer. F. The Contractor further agrees that no part of the Contract Agreement shall be assigned without prior written approval from City. G. The Contractor hereby further agrees to pay to Owner as liquidated damages the sum specified herein, and quoted below, for each calendar day in excess of the time set forth in the contract documents for completion of this project. Contractor shall anticipate the following number of calendar days for precipitation type weather related delays. 7 days for January; 7 days for February; 7 days for March; 8 days for April; 9 days for May; 7 days for June; 5 days for July; 5 days for August; 7 days for September; 6 days for October; 6 days for November; and 6 days for December. These days shall be anticipated and be included as part of the progress schedule. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR. AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $25,000.00 $100.00 Per Day $25,000 to $99,999.99 $160.00 Per Day $100,000 to $999,999.00 $240.00 Per Day More than $1,000,000.00 $500.00 Per Day The sum of money thus deducted for such delay, failure for noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under this Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. 1.03 CONTRACTOR SURETY BONDS: With the execution and delivery of the Contract Agreement, the CONTRACTOR shall furnish and file with the OWNER in the amounts herein required, the surety bonds specified hereunder. Without exception, the OWNER'S bond forms, copies of which are amongst the Contract Documents and incorporated into the Contract Agreement, must be used, and exclusive venue for any lawsuit in connection with such bonds shall be in Collin County. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Art. 7.19-1 of the Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Agreement price with or without notice to the surety, but in no event shall a change which reduces the Contract Agreement amount reduce the penal amount of such bonds. If the surety on any Bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated or ceases to meet the requirement as set forth above, CONTRACTOR shall within 20 days thereafter substitute another Bond or surety which complies with the requirement hereto. A. PERFORMANCE BOND: A good and sufficient bond in an amount not less than 100- percent of the approximate total amount of the Contract Agreement, as evidenced by the proposal tabulation, or, conditioned on the faithful performance of the work in accordance with the plans, specifications and Contract documents, including performance of any guarantees or warranties required by OWNER, and including any extensions thereof, for the protection of the OWNER. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear or become known within a period of one year from the date of completion and acceptance of the improvement by the Owner or such lesser or greater period as may be designated in the Contract Documents. B. PAYMENT BOND: A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract Agreement, as evidenced by the proposed tabulation, or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime CONTRACTOR or a subcontractor to supply public work or material. C. MAINTENANCE BOND: A maintenance bond in the amount of 100% of the total bid price shall be executed by the contractor as principal and by a corporate surety acceptable to the owner. Said bond shall secure maintenance by the contractor on the project made the subject of the Contract Agreement for two (2) years from the date of acceptance of work by the owner. D. SURETIES: No sureties shall be accepted by the OWNER who are now in default or delinquent on any bonds or who are interested in any litigation against the OWNER. All bonds shall be made on forms furnished by the OWNER, and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the OWNER. Each bond shall be executed by the CONTRACTOR and surety. Each surety shall designate on the bond the name, address and phone number of a representative for the surety located in a county of the State of Texas acceptable to the OWNER to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The OWNER reserves the right to reject and all sureties. E. Additional or Substitute Bonds. If at any time the OWNER is or becomes reasonably dissatisfied with any surety of a performance or payment bond, the CONTRACTOR shall, within five days after notice from the OWNER to do so, substitute an acceptable bond (or bonds), or provide any additional bond, and such form and sum and signed by such other surety or sureties as may be reasonably satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR without recourse to the OWNER. No further payments under the Contract Agreement shall be deemed due or payable until the substitute or additional bonds have been furnished to and accepted by the OWNER. 1.04 LIMITATION OF LIABILITY, INDEMNIFICATION AND INSURANCE: A. LIMITATION OF LIABILITY: The CONTRACTOR affirmatively represents that he is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the Bid Documents of this Contract Agreement. Further, he also affirmatively represents that he has carefully reviewed the drawings and specifications of this Contract Agreement and that he has based his Bid solely on these documents, not relying in any way on any explanation or interpretation —oral or written —from any other source. Unless the CONTRACTOR shall give written notice to the design professional of any ambiguities contained in the drawings or specifications prior to the submission of his bid, the CONTRACTOR agrees that he shall be conclusively presumed that the CONTRACTOR has exercised his aforementioned skill and experience and found the drawings and specifications sufficient and free from ambiguities, errors, or omissions for the purpose of determining his Contract Bid Price for the performance of the work in conformity with the drawings and specifications. Submission of a Bid without prior written notice to the OWNER'S Agent or any claimed ambiguities, errors or omissions shall constitute a waiver of any and all bid -price -related claims by the CONTRACTOR that are based upon any alleged ambiguities, errors, omissions or the like in the drawings or specifications. B. INDEMNIFICATION: The CONTRACTOR agrees to indemnify, defend and save harmless the OWNER and the Engineer, their consultants, agents and employees from and against all loss or expense (including costs and attorney fees) by reason of liability imposed by law upon the OWNER, Engineer, consultants, agents and employees for damages including bodily iniurv, including death and property damage, including loss of use, sustained by any person or persons, arising out of or in consequence of the performance of this work, whether such iniur5es to person or damage to property is due or claimed to be due to the negligence of the CONTRACTOR, his sub -contractors, the OWNER, the Engineer, their consultants, agents and employees, except only such iniury or damage as shall have been occasioned by the sole negligence of the OWNER, Engineer, Consultant, and/or other Agents. C. INSURANCE: The CONTRACTOR shall comply with each and every condition contained herein. The CONTRACTOR shall provide and maintain, at his sole cost and expense, until the work covered in the Contract Agreement is completed and accepted by the City of Anna, the minimum insurance coverage as follows: 1. Commercial general liability insurance at minimum combined single limits of $1,000,000 per -occurrence per -project and $2,000,000 general aggregate project for for bodily injury and property damage, which coverage shall include products/completed operations ($1,000,000 products/completed operations aggregate), and XCU hazards. Coverage for products/completed operations must be maintained for at least two (2) years after the construction work is completed. Coverage must be maintained to cover the contractor's obligations outlined in the Contract Agreement. 2. Definitions: a) Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the project: Includes the time from the beginning %J the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096): Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries and delivery of portable toilets. c) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. d) The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract Agreement. e) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. f) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. g) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. h) The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. i) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, information all persons providing services on the project that they are required to be offered, and stating how a person may verify coverage and report lack of coverage. j) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and, b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and, (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. k) By signing the Contract Agreement or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. I) The contractor's failure to comply with any of these provisions is a breach of Contract Agreement by the contractor which entities the governmental entity to declare the Contract Agreement void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for bodily injury (per person); $500,000.00 for bodily injury (per accident) and $100,000.00 for property damage. Such insurance shall include coverage for loading and unloading hazards. 4. Payment and performance bonds in the amount of the contract price and on the form as provided in the contract documents. PLEASE NOTE: The required limits may be satisfied by any combination of primary, excess, or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The contractor may maintain reasonable and customary deductibles, subject to approval by the City of Anna. A comprehensive general liability insurance form may be used in lieu of a commercial general liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 per -occurrence, combined single limit, and coverage must include a broad form comprehensive general liability endorsement, coverage for products/completed operations, no restrictions on XCU hazards, and broad form contractual liability covering the obligations included in the Contract Agreement. With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: a. The City of Anna shall be named as an additional insured with respect to general liability and automobile liability. b. All liability policies shall contain cross liability and severability of interest clauses. c. A waiver of subrogation in favor of the City of Anna shall be contained in the workers' compensation insurance policy. d. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Anna of any material change in the insurance coverage. e. All insurance policies shall be endorsed to the effect that the City of Anna will receive at least sixty (60) days notice prior to cancellation of termination of the insurance. All insurance shall be purchased from an insurance company that meets the following requirements: a. A financial rating of A:V or better as assigned by the BEST Rating Company in the most current edition of its manual. b. Licensed and admitted to do business in the State of Texas. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: a. The company is licensed and admitted to do business in the State of Texas. b. The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. c. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancellation or termination provisions to the City of Anna. Upon request, contractor shall furnish the City of Anna with certified copies of all insurance policies. 1.05 ADDENDUM: The owner reserves the right to issue an addendum prior to accepting bids for the work. Such addendum(s) shall be, and are hereby made a part of these specifications. Upon receipt of the addendum(s), the Contractor shall acknowledge their receipt by listing the addendum(s) and signing in the appropriate spaces in the Proposal. 1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction of this project will not be provided free to the Contractor. All construction water will be metered by City owned meters or meter(s) owned by the Contractor. A deposit of two hundred fifty dollars ($250.00) is required for a 2 1/2 inch City owned construction meter. The deposit(s) shall be paid at the Utility Office, located at 101 North Powell Parkway, Anna, Texas 75409, prior to the use of meter. City owned meter(s) will be installed by the City Utility Department, after the deposit has been made. The meter(s) will be read and billed each month in accordance with the current Customer Services Policy. Any damage that occurs to a City meter during use will be repaired by the City at the expense of the Contractor. The cost of the repairs will be deducted from the deposit and the remaining deposit returned to the Contractor. This procedure will be followed wherever construction water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire hydrant, a valve shall be provided so that the flow of the water is not controlled by the operating nut on the fire hydrant. Where water is necessary only to settle dust on the street, at the request of the property owners, the Project Engineer or Project Inspector will notify the Contractor. The necessary application of water for dust shall be considered subsidiary to the other bid items listed in the Proposal and Bid Form of the Contract Agreement. 1.07 DETOURS AND BARRICADES: The Contractor shall, before closing any street or causing any obstruction to traffic on any street, furnish and erect suitable barricades and warning signs to protect the traveling public. The barricades and warning signs will be constructed, placed, and adequately maintained as directed by the Project Engineer. All barricades and warning signs shall conform to and be set in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) No direct compensation will be made to the Contractor for furnishing, installing, and maintaining barricades and warning signs and their subsequent removal. This is to be considered subsidiary to the several items for which unit prices are requested in the PROPOSAL. 1.08 TRENCH SAFETY: On all trenching in excess of five feet below existing grade, the Contractor shall comply with the standards promulgated by the Occupational Safety and Health Administration (OSHA), of the United States Government, regulating excavations, trenching and shoring. Contractors shall refer to and abide by all OSHA regulations published in 29 CFR 1926, et seq., July 1989 edition, and any revisions thereto published in the Federal Register which may become effective during the period of construction. The contractor's attention is directed to the separate Bid Item for trench safety systems, based on the linear feet of trench excavated, under which full payment will be made for trench safety systems, including any additional excavation and back fill required; sheeting, and bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment, acquisition of soils information and design of trench safety systems, and incidentals necessary to complete the work. Changes made in the trench safety system after the initiation of construction will not be cause for extension of time, claims for delay or approval of change orders. It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or Engineer, to perform all trenching in a safe manner and in accordance with OSHA regulations. Any apparent unsafe trenching conditions observed by Owner, Engineer, or their representatives on the site, shall be reported to OSHA as well as to Contractor's job superintendent. Work stoppages or corrective actions required of contractor by OSHA shall not be cause for extension of time, claims for delay or approval of change orders. The Contractor shall indemnify and hold harmless the City, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under the Contract Agreement. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the City in case the City is negligent either by act or omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders and the hiring of the Contractor. 1.09 PRICE FOR MATERIALS AND STATE SALES TAX: After award of the Contract Agreement, the City of Anna will, on written request of the Contractor, furnish the Contractor with a certificate of exemption from Texas Limited Sales, Excise, and Use Tax in an amount not exceeding the above mentioned bid price for materials and other tangible personal property as stated in the request form. Such written request must contain a statement to the effect that such materials or property have been or will be utilized in the performance of the Contract Agreement to the full extent of the amount for which a certificate of exemption is requested. 1A0 ACCESS TO PRIVATE PROPERTIES: The Contractor will put all private drives in an accessible condition to allow residents ingress and egress before leaving the job site for an extended period of time except during the pouring and curing of drive approaches. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor will leave with the PROJECT ENGINEER the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies concerning egress and ingress. If a vehicle becomes stranded due to an inaccessible condition, any legitimate claims arising from such conditions shall be the sole responsibility of the Contractor. If such claims are not settled prior to the monthly pay estimate, they shall be deducted from that estimate. 1.11 USE OF PRIVATE PROPERTY: The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property owner involved. The Contractor shall not at any time use water metered by meters set for the property owners use without written permission of the property owner. 1.12 PROTECTION OF ADJOINING PROPERTY: The Contractor shall be responsible for the protection of all fences, trees, and other improvements on the property adjoining the construction sites from damage by the Contractor's equipment and men. 1.13 PROTECTION OF EXISTING UTILITIES: The Contractor shall make every effort to protect existing utilities. Telephone, gas, and electric lines occur within the construction limits of this project and should be avoided during construction. 1.14 CLEANUP: It is the intent of the Contract Agreement to ensure that an adequate cleanup job be performed by the Contractor as soon during the construction procedure as possible. Before the project is accepted by the City, all rocks, stones, and other construction debris shall be removed to the satisfaction of the Engineer. All necessary cleanup work shall be considered subsidiary to the various bid items on the Contract Agreement. 1.15 GOVERNING DOCUMENTS: The work shall conform to the requirements of these specifications and the details as shown on the drawings. These contract documents are intended to be complementary. Requirements of any of the contract documents are as binding as if called for by all. In the event of conflict between the Contract Agreement and any other contract documents, the Contract Agreement shall govern. In the event of conflict between the drawings and the specifications, the project engineer's interpretation of the drawings shall have priority. In case of conflict between the referenced specifications and the project specifications, the project specifications shall govern. 1.16 SCHEDULE: The Contractor shall provide the project engineer with a schedule of the proposed work upon request. 1.17 MONTHLY ESTIMATE: Monthly estimates shall be processed as specified by the North Central Texas Council of Governments Standard Specifications for PUBLIC Works Construction, Item 109.5. 1.18 SAFETY: Safety precaution shall be used at all times during progress of the work. As appropriate, workman shall be furnished with hard hats, safety shoes, protective gloves, and any other safety apparel that the Contractor determines will reduce the possibility of accidents. The Contractor shall be solely responsible for ensuring the safety of its crew(s), employees and subcontractors, along with the safety of the public, as the work required by these contract documents is performed. 1.19 STOCKPILE/EQUIPMENT AREAS: It shall be the responsibility of the Contractor to secure stockpile areas and equipment storage areas. 1.20 BOUND COPY OF CONTRACT DOCUMENTS: Bidder understands and agrees that the Contract Agreement to be executed by offeror/bidder shall be bound and include the documents set forth as such in the Contract Agreement. 1.21 DRUG -FREE WORKPLACE POLICY: It is the Owner's policy to maintain adrug-free workplace. The Contractor agrees to implement during the progress of this Contract Agreement a drug -free workplace policy. The policy shall include the following provisions: A. Contractor shall have adrug-free workplace policy; B. Contractor shall have a drug awareness program; C. Contractor shall require all employees to receive a copy of the drug -free workplace policy; D. Contractor shall notify Owner of any employee conviction arising from drug use; E. Contractor shall make a "good faith" effort to continue to maintain a drug -free workplace. 1.22 TEXAS STATE SALES TAX: The Contract Agreement is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 1.23 LABOR AND WORKING HOURS: Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidder's attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes, providing for the payment of the wage schedules above mentioned and the Bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the Contract Agreement requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: A. The project being constructed is essential to the City of Anna's ability to provide the necessary service to its citizens. B. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the time when the liquidated damages provisions of the Contract Agreement become applicable and Contractor can show he has made diligent effort to complete the project within the allotted time. Standard working hours are Monday through Friday, 8:00 a.m. - 5:00 p.m., not including the following holidays: New Year's Day, Dr. Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Any of these holidays falling within a weekend may be designated to a Monday or Friday at the discretion of the City. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Engineer not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Engineer to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Engineer. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property to life. 1.24 ONE-YEAR MAINTENANCE BOND: Prior to final acceptance the Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished for the project for one year following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the Contract Agreement. 1.25 AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990" 9 " 1.26 USE OF SUBCONTRACTORS: Upon award of bid, Contractor shall provide City with a list of all possible subcontractors the Contractor may use for the project. City reserves the right to exclude any subcontractor from the project that it reasonably deems unacceptable for the project. The City shall notify contractor in writing of its intent to exclude any subcontractor. 1.27 RIGHT TO SHUT DOWN: The City, through its owner representative or otherwise, reserves the right to shut down the project. 1.28 UNCONTROLLABLE CIRCUMSTANCES: In the event a Party hereto cannot fully perform its obligations hereunder due to the intervention of an "Uncontrollable Circumstance", as that term is defined below, then, providing such Party has fully complied with the provisions of this section, such Party shall be excused from such performance but only to the extent and only in the manner set forth herein. For the purposes of this Agreement an Uncontrollable Circumstance shall mean: A. With respect to the Contractor: 1. An Act of God in the form of an unusually severe storm, or flood, or fire or similar event, that could not have been anticipated or guarded against which materially affects the work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Contractor from working on the site, but not including any situations involving suppliers off -site other than those essential suppliers set forth in Exhibit A*; 3. An unanticipated strike involving the forces actually working on the project or involving the employees of those essential suppliers set forth in Exhibit A*, but no other labor stoppage. * Contractor must set forth essential suppliers in an Exhibit A within five (5) business days of award of final contract. Provided however, that no such claimed Uncontrollable Circumstance shall be deemed an Uncontrollable Circumstance for the purposes of this Agreement unless such event actually and directly necessitated a delay in the work around the delays resulting from such Uncontrollable Circumstance. B. With respect to the Owner, an Uncontrollable Circumstance shall mean: 1. The inability to deliver the Site to the Contractor as scheduled due to the intervention of a third Party such as a Court or an agency of a higher level of government. 2. The inability of the Owner to perform its oversight, review and approval functions due to the actual strike of its employees or those of its essential consultants employed for such purpose, but only for such reasonable period of time as might actually be required to replace such forces. In the event either Party is he victim of an Uncontrollable Circumstance as that term is defined above, such Party shall put the other on written notice as soon as practicably possible. Such notice shall specify the Uncontrollable Circumstance and the anticipated affect it will have on that Party's abilities to perform its obligations under the Contract Agreement. As soon thereafter as is practical, but in any event within ten (10) days of such Uncontrollable Circumstance, the affected Party shall provide the other Party, in writing, with its plan to deal with the affects of such Uncontrollable Circumstance and with its proposed amendments to all affected schedules necessarily resulting therefrom. 1.29 CONSTRUCTION SUPERVISION: The Contractor will, at all times, maintain one project superintendent per project who will provide the following functions. He/she will be on site when and where construction activity occurs. He/she will maintain communication with all subcontractors and contractor employees performing construction activities. He/she will be available 24 hours a day, for the duration of the project, for emergency calls concerning events at project sites. He/she will accept no additional responsibility from the Contractor which would inhibit the performance of the above stated functions. In the event that the project consists of multiple sites, the project superintendent will identify to the Owner a responsive person at each site with construction activity. The project superintendent will maintain communication with that responsible person during all construction activity. In this even, the project superintendent will not be identified as a responsible person for any given site. If the Owner determines that the performance of the above functions is not being maintained at any time, the Owner reserves the right to shut down the project, at the contractor's expense, until performance of said functions is restored. 1.30 CONFINED SPACE POLICY: CONTRACTOR will be responsible for the establishment and coordination of and required compliance with a Confined Space Entry Program as required by federal law and City ordinance and shall inform the OWNER of said program. CONTRACTOR will obtain any available information regarding permit space hazards from the OWNER and will coordinate all entry operations with the OWNER. CONTRACTOR shall provide, install, operate, and maintain such monitoring, ventilation, and personal protective equipment to provide access to any and all confined space as required by Contractor's Confined Space Entry Program. Said equipment shall meet or exceed the requirements of the Occupational Safety and Health Act (OSHA), federal, state, and local authorities. CONTRACTOR shall provide labor, equipment, and materials necessary to place, operate, and maintain the said equipment as necessary for entrance into confined spaces by the CONTRACTOR or OWNER. At no time shall work be done by the CONTRACTOR within confined spaces without providing said equipment. Payment for this item shall be subsidiary to all other pay items. 1.31 TEMPORARY SUSPENSION OF WORK: CONTRACTOR may from time to time be required by OWNER to temporarily suspend project operations in one area and to commence or continue project operations in another area. OWNER may make such_requirement for any reason which OWNER deems reasonable and/or necessary, including but not limited to as a result of a court order, failure by the OWNER to secure the necessary easements, right of way, or permits required, conflicts between existing or contemplated utilities and the work, and Acts of God. Such requirement may be oral or may be in writing. In the event that the CONTRACTOR is delayed for sixty (60) or less days as a result of any temporary suspension as described above, CONTRACTOR shall not be entitled to nor shall such delay serve as the basis as a claim for additional compensation to CONTRACTOR or damages for mobilization, re -mobilization, or any other damages sustained or alleged to have been sustained by CONTRACTOR. 1.32 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the CONTRACTOR has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the OWNER and the CONTRACTOR his Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non -acceptance. 1.33 FINAL PAYMENT: Upon the issuance of the Certificate %J Completion, the Engineer shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of the Contract Agreement; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 1.34 PAYMENTS WITHHELD: The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the Contract Agreement amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. Section 2. TECHNICAL SPECIFICATIONS 2.01 PURPOSE OF TECHNICAL SPECIFICATIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications ("Standard Specifications"), which include the Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the the Supplementary General Provisions and these Technical Specifications; provided that where any discrepancies occur between the Technical Specifications, the Supplementary General Provisions and/or the Standard Specifications, these Technical Specifications shall govern. The Technical Specifications are included herein for the purpose of adapting the Supplementary General Provisions to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 2.02 HOT MIX ASPHALTIC CONCRETE PAVEMENT SURFACE COURSE: All HMAC pavement surface course and base course shall be provided in accordance with North Central Texas Council of Governments Public Works Construction Standards 2004 or later. The Contractor shall furnish job mix design (JMF) and material certification prior to any work. Contractor shall be responsible throughout project for quality control of material in accordance with design and North Central Texas Council of Governments Public Works Construction Standards 2004 or later. The job mix formula can be adjusted as long as it does not exceed the Master Grading Limits as specified in North Central Texas Council of Governments Public Works Construction Standards 2004 or later. 2.03 LEVEL -UP COURSE: Where directed by the Engineer, a first course, or leveling -up course, shall be laid to bring the street surface to a uniform grade or section. Contractor will use a grade 30 felt to cover appurtenance prior to levekup. This course may be bladed into place and rolled. The material for the levekup will be fine graded asphaltic concrete surface coarse (Type "D"), and will be paid for at the contract unit price. At the completion of the levekup coarse, the street will be swept by a mechanical broom and all loose material will be removed. Contractor shall provide plant mix design and material certification prior to any work. 2.04 ADJUSTMENTS TO EXPOSED UTILITY APPURTENANCES: Any water, sanitary sewer or storm sewer appurtenances encountered by the Contractor during construction will be adjusted by the Contractor to conform to the finished surface of the street. Contractor will take every care in the recovery of previously unlocated appurtenances. The Contractor must keep all sanitary or storm sewers clear of dirt or debris resulting from any construction operations. The Contractor is fully responsible for all damage and loss to utility appurtenances and facilities caused by his operations. Care must be exercised at all times to avoid damage or interruption of service. In the event that the Contractor, having taken every care for the recovery of previously unlocated appurtenances, damages a previously unlocated City owned appurtenance, the City will provide the cast replacement materials needed for the adjustment to be completed. Adjustments to any appurtenance must be done in a manner which is, and with materials that are, acceptable to the owner. See attached drawings for information on the adjustment of City of Anna Utility appurtenances. It is the intention of the City that all adjustments of utility -owned facilities be completed in advance of placement of the new asphaltic concrete surfaces. Adjustment of City owned appurtenances shall be done following resurfacing. The Contractor will endeavor to reuse existing castings, covers or other material parts. Extension rings will not be acceptable. The Contractor shall use Grade 30 Felt Paper to cover the appurtenance prior to Construction/Improvements. Upon Completion of asphalt resurfacing, the Contractor will mark all appurtenances with permanent type paint on the new surface for easy location. Adjustments will be made no more than five (5) at a time. When five (5) appurtenances have been exposed for adjustment, the Contractor will have three (3) days to complete said adjustments. Clean-up will be �o I completed before the next five (5) appurtenances can be started. This is required in addition to Section 12-13 of General Technical Provisions. Payment for appurtenance adjustments will be included in monthly partial payments as the work is completed. This does not relieve the Contractor from the responsibility for making final corrections as may become necessary before the contract is accepted for final payment. The contract unit price for each item will be full compensation for removal and salvage of the existing appurtenance, for all required cleaning before reinstallation, for all cutting or rebuilding necessary to match the finished grade of the paving, for replacement of all damaged or lost parts, for new parts which may be necessary to match the height of the proposed surface, for protecting facilities to assure continuous and uninterrupted service, for the asphaltic concrete patching to protect traffic, and of all material, labor, and equipment costs to satisfactorily complete the adjustments in accordance with these specifications and to the satisfaction of the Engineer. Contracted price for adjustment of any utility appurtenances will not be subject to renegotiations due to underrun of contract quantity. 2.05 PROJECT SIGNS: The Contractor on this project shall provide and erect up to two (2) project signs as required. Generally, project sign shall be located at the beginning and end of the project street sections and on major intersecting streets. Locations of signs will be as indicated by the Owner's representative. The sign shall be substantially in accordance with the drawing enclosed as part of these specifications. Construction shall be on 3/4" weatherproof (marine) plywood and the painting shall be accomplished with good quality paint which will not weather or fade excessively during life of contract. Sign colors shall be as indicated or equivalent color values as provided by other manufacturers. Signs shall be placed in prominent locations and maintained in good condition until the completion of the project. Damaged or defaced signs will be repaired within two working days at the Contractor's expense. The cost of the sign(s) shall be considered subsidiary to the unit prices bid on this project, unless otherwise noted. Signs shall become the property of the City of Anna after completion of the project. 2.06 POSTING SIGNS: The Contractor is the Public Works Director's authorized designee to post notice of street improvement. The following stipulations will apply: A. 48 hours prior to the commencement of each phase of construction/improvements, i.e. base repair, level up, milling, or resurfacing is scheduled to start, the contractor will place "NO PARKING" signs at locations where plainly visible to all on -street parking areas and in sufficient number that the message can be read from any parking space, approximately 75 to 100 feet apart. Signs must be placed at the ends of each project street sections where they can be clearly seen by approaching traffic. B. "NO PARKING" signs must be used notifying persons that it is unlawful to park vehicles in the street, specifying the location, time, and dates, and a failure to observe this restriction will result in towing and/or penalty according to Ordinance No. 90-182. No separate or additional pay will be made for complying with the requirements of this special provision. No phase of construction/improvement may start until posting of signs is complete. 2.07 REMOVAL OF VEHICLES: The Contractor will be responsible for removal of vehicles which obstruct each phase of construction/improvement. The Engineer recommends that the Contractor engages the services of an off -duty police officer whenever private vehicles are to be towed. The Contractor must assume all responsibility for moving vehicles and handle all claims which may arise. No separate or additional pay will be made for complying with the requirements of this special provision. 2.08 TRAFFIC MOVEMENTS AND SCHEDULE OF OPERATIONS: Construction/improvements shall be scheduled to produce a minimum of interference to the movement of traffic. All streets are to remain open and usable to traffic during work operations by maintaining a minimum of one lane clear obstructions. The Contractor will provide flagmen as required to control traffic through the site. When not in use, equipment and machinery shall be removed from the street and out of the flow of traffic. Contractor shall provide (1) flagperson per intersection during all liming operations to stop all vehicular and pedestrian traffic from entering project area until work is completed. If any street is required to be closed on Saturday or Sunday, any legal city holiday, or on weekdays between the hours of 5:00 p.m. and 8:00 a.m., permission must be obtained in advance from the Engineer and all proper entities must be notified by the Contractor. Traffic control and street name signs shall not be torn down, covered or otherwise removed from the clear view of the driver or pedestrian. Restricted work hours and limited operations may be required on other thoroughfares and collector streets as directed by the Engineer. Nighttime, weekend and holiday work at any location requires specific approval in advance by the Engineer. 2.09 ADVANCE NOTICE OF CONSTRUCTION OPERATIONS: The Contractor will be required to distribute advance notices of proposed construction/improvements. These notices will be furnished by the City and will take the form of door -hangers. They must be distributed 48 hours in advance of scheduled operations and will be hand delivered and placed in an obvious location at each separate building or dwelling on the street. They will not be placed in mail boxes. No phase of construction/improvement may start until advance notices have been distributed. THE CONTRACTOR WILL BE REQUIRED AND IS RESPONSIBLE TO PUBLISH IN THE MCKINNEY COURIER GAZETTE 48 HOURS IN ADVANCE ANY SCHEDULED OPERATIONS OF STREETS THAT WILL HAVE CONSTRUCTION/ IMPROVEMENTS. A COPY OF THE NEWSPAPER ARTICLE WITH THE PUBLISHED STREETS WILL BE FURNISHED TO THE ENGINEER ON REQUEST. THE COST WILL BE PAID BY THE CONTRACTOR. The Contractor will be expected to make every diligent effort to prevent parking of vehicles on the street which may conflict with his construction operations. No additional compensation will be paid for this item but the cost shall be included in such pay items as are provided in the proposal. 2.10 PAYMENT OF TESTING: Testing of Materials -Samples of materials for testing shall be taken by, and at the discretion of the City. The initial testing of any sample material shall be made at the expense of the City. In the event the initial testing does not comply with the specifications, all subsequent testing to determine acceptability of the same or replacement material, will be conducted by the City secured laboratory at the Contractor's expense. All additional coring or concrete breaks must be done on or before the twenty-eighth (28) day after the material is placed. 2.11 VEGETATION MANAGEMENT: Construction Methods - It shall be the Contractor's responsibility to blade all grass out of the roadway area. All deleterious material shall be removed before spraying. The affected area shall be sprayed with Round Up (41 %) herbicide, a product of the Monsantos Corporation or equal. The edge of the streets and other areas will be sprayed for at least a three (3) foot width or as directed by the Engineer. Herbicide will be sprayed before the asphalt is installed. The City of Anna will not be responsible for losses or damage resulting from the use of this product in any manner not specifically recommended by PBI/Gordon. The Contractor assumes all risks associated with such non -recommended use. 2.12 UNCLASSIFIED EXCAVATION: A. Description - Prior to the actual surface treatment, it will be the Contractor's responsibility to grade areas on or adjacent to the roadways to ensure adequate surface drainage as directed by the Engineer. B. Measurement and Payment - There will be no additional compensation for this work. It will be subsidiary to all other pay items, unless otherwise noted. 2.13 REINFORCED PORTLAND CEMENT CONCRETE PAYMENTS: All Reinforced Portland Cement Concrete Pavements shall be provided in accordance with TXDOT ITEM 360. 2.14 LIME STABILIZATION GENERAL INFORMATION: This item will cover the treatment of existing pavement and subgrade combined to be used as subgrade by pulverizing, adding lime, mixing and compacting material. Prior to any treatment processes all existing utility appurtenances shall be exposed and plainly marked. The existing pavement and subgrade material shall be cut and pulverized to a depth of 6" minimum. The material shall be cut and pulverized until a uniform grading of material is present and approved by the City. Contractor shall furnish type "C" Quicklime Grade "DS" at a rate of 30 LBS/SY. The application and mixing of lime may be accomplished by either "Dry Placing" or "Slurry Placing". The material and lime shall be thoroughly mixed and brought to the proper moisture content as determined by the City. The material shall then be compacted and sealed over to cure for a period of three (3) days. After this curing process is complete, material shall be remixed until a uniform grading is acquired and approved by the City. During remixing water shall be added as directed by the City and as soon as proper material grading is achieved, compaction process shall begin. Compaction shall continue until the entire depth of material is uniformly compacted to a density of 95 percent as determine by test method TEX-113-E and moisture is -2 to +3 of optimum moisture content. After compaction, material shall be finished to the lines and grades as required by the City and finish rolled with a pneumatic tire roller. The material shall then be treated with a prime coat at a rate of .10 to .20 gallons per square yard as determined by the engineer. During this process material shall be protected from traffic until prime coat has cured. Material shall be covered with Hot Mix Asphaltic Pavement as soon as possible, but no longer than seven (7) calendar days. If material is not covered within required time limit, subgrade will be inspected by the City to determine if the contractor will be required to rework the entire section. 2.15 CEMENT STABILIZATION GENERAL INFORMATION: All Cement Stabilization shall be provided in accordance with TXDOT ITEM 275. 2.16 FLEXIBLE BASE GENERAL INFORMATION: All Flexible Base shall be provided in accordance with TXDOT ITEM 247. 2.17 ASPHALT ANTISTRIPPING AGENT: A. Description. This item shall govern for furnishing and blending an antistripping agent into the asphalt for use in asphaltic concrete pavement mixtures or asphalt stabilized base mixtures when designated on the plans and as directed by the Engineer. B. Materials. The anti -stripping agent shall be a uniform liquid at 77°F. It shall show no signcant loss in effectiveness when the asphalt -agent blend is held for three days at 350° F. The anti -stripping agent shall be evaluated in laboratory mixtures with the materials and design proposed for use. Unless otherwise indicated in the plans, the mix shall be evaluated using Test Method Tex-531-C and must evidence a minimum tensile strength ratio of 0.70. The Test Method Tex-531-C Mixing and Molding procedures are amended for material provided under the Special Specification Item, "Hot Mix -Cold Laid Asphaltic Concrete Pavement" by mixing the design aggregates and the asphalt -primer blend (no water) at 2000 plus or minus 5° F, cooling at room temperature for 2.5 hours, curing mix a minimum of 15 hours at 140° F or until constant weight is attained, heating the mix specifications at 1000 plus or minus 5° F for two hours, and molding at 100° plus or minus 5° F. Plant mixes may be tested by the modified procedure starting with the curing step. The amount of agent used shall be 0.5 to 1.0 percent by weight of the design asphalt, and the actual amount shall be determined based on the results of the evaluation. If plans notes indicate that the mix is to be evaluated using Test Method Tex-530-C, the following shall apply for the material provided under the Special Specification Item, "Hot Mix -Cold Laid Asphaltic Concrete Pavement". The Tex-530-C mixing procedure is amended in that the asphalt, primer (no water) and any anti -stripping agent is blended at 200° plus or minus 5° F, aggregates and binder mixed at 2000 plus or minus 5° F, and the mix cured to constant weight at 140° F prior to performing the stripping test. Plant mix may be tested by curing to constant weight and performing the stripping test. As directed by the Engineer, additional samples of the mix produced for the construction item will be obtained during the progress of the work, and tested to determine the continued effectiveness of the asphalt -agent blend. If such testing indicates failure of the mix to meet the stripping resistance required, the Engineer will halt the work until such time as the problem has been corrected by any necessary change in design, materials or mix production. Prior to delivery, a sample of the anti -stripping agent proposed for use shall be furnished to the Department for testing. The anti -stripping agent shall be delivered in unbroken containers with the manufacturer's label properly affixed, or in sealed tank trucks properly invoiced. C. Construction Materials. Handling of the anti -stripping agent shall at all times be in accordance with the manufacturer's recommendations. The agent must not evidence any separation or non - uniformity at time of use. For agents that have high viscosity normal ambient temperatures, the Contractor shall provide a suitable means of warming the material to a proper consistency for blending with the asphalt. The agent shall be added to the asphalt at the rate determined in accordance with subsection B., above, by means of an in -line metering device just prior to introduction of the asphalt into the mixing plant. The equipment used must be approved by the Engineer. The Contractor will be required to demonstrate that the equipment is properly calibrated. Unless otherwise shown on the plans, a control section of asphaltic -concrete pavement containing no anl.Mripping agent shall be placed. This control section shall be placed at the location and of the length shown on the plans. D. Measurement and Payment Work performed and materials furnished as prescribed by this Item will not be measured nor paid for directly, but shall be considered subsidiary to the governing specifications for the items of construction in which these materials are used. 2.18 SURFACE AND EDGE MILLING: The existing surface on designated streets will be milled to the depths and dimensions directed by the Engineer. It is not the intention to mill the original concrete base of the street, but concrete patches or other obstructions protruding above the original base and into the surface specified for removal will be milled to conform to the desired section. Variations in depth of milling operations shall not exceed 3/8 inch in the finished surface prior to resurfacing. Surface milling and edge milling will be to depths as shown on the enclosed sketches. Milling round radii of intersections will be required where directed by the Engineer. Normal milling operations shall be conducted to the edge of all manholes, valves and other appurtenances encountered. If the milling machine can not accomplish this, then milling with hand tools or by other methods shall be employed. No separate compensation will be paid for any milling adjacent to appurtenances that is done with hand tools or by other methods. The milling machine shall self -load the milled material onto an adjacent hauling unit. Water or other approved liquid shall be sprayed on the material being milled to eliminate dust during the milling operation. Brooming and/or sweeping to remove any loose material not removed by the machine shall be conducted immediately behind the machine in an approved manner to the satisfaction of the Engineer. All milled surfaces shall be cleaned, inspected, measured, and approved before the application of the tack coat or asphaltic concrete mixture. Normal operations will require complete cleanup before the Contractor is allowed to leave the job. The Contractor will not be permitted to mill any street more than one week in advance of scheduled resurfacing. Lighted barricades will be placed around all exposed surface protrusions the same day they are exposed. Failure to observe these constraints may result in shutting down the work until they are satisfied. Surface milling will be measure for payment in square yards of surface milled regardless of the number of passes required to provide the specific section for SURFACE MILLING and in linear feet for EDGE MILLING. The contract unit prices shall be the total compensation for milling the surface, removal and disposal of the milled material, cleaning the milled area, and for all labor, equipment, and incidentals necessary to complete the work in accordance with this provision, the specifications and the attached details. These items will be bid on the basis that all milled material will be hauled and disposed of at the location designated by the Engineer for use by the City. The unit prices for SURFACE MILLING and EDGE MILLING will not be subject to renegotiation due to under -run of Contract quantities. 2.19 MATERIALS AND EQUIPMENT: The Contractor shall be free to secure the approved materials, equipment and articles from sources of his own selection. However, if the Owner finds that the work shall be delayed or adversely affected in any way because a selected source of supply cannot furnish a uniform product in sufficient quantity and at the time required and a suitable source does exist, or the product is not suitable for the work, the Owner shall have the right to require the original source of supply changed by the Contractor. The Contractor shall have no claim for extra cost or damage because of this requirement. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract Agreement shall be new unless otherwise specified in the contract documents; and that same shall be of good quality and workmanship, free from faults and defects and in conformance with the contract documents. All materials and equipment not conforming to these requirements, including substitutions and not properly approved and authorized, may be considered defective, and shall be promptly repaired or replaced by the Contractor at the Contractor's sole cost upon demand of the Owner. If required by the Owner, the Contractor shall furnish evidence as to the kind and quality of materials and equipment. 2.20 WORKMANSHIP: The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done (except excavation) or materials used without suitable inspection by the Owner may be ordered removed and replaced at the Contractor's expense. The Contractor shall promptly correct or replace all work rejected by the Owner as defective or as failing to conform to the contract documents whether observed before or after substantial completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work, including costs incurred for additional services necessary thereby. 2.21 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials, immediately after receiving notice to the Owner, the Owner shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the Contractor. Alternatively, the Owner may, at its option, declare the Contractor in default, in which event the performance bond surety shall complete the contract. Council Meeting: Feb. 14, 2012 Account Code #: See exhibit Budgeted Amount: See exhibit Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 02/08/2012 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding adopting an ordinance amending the 2012 Fiscal Year Budget, SUMMARY: As previously discussed with the council, the city has experienced number of issues that necessitate amending the current budget. Staffs analyzed the following 5 items and present them to the council in consideration of a budget amendment. 1. A/C replacement at the Planning and Development building 2. Roof replacement at the Police Departmeml Lility Billing Offices 3. Adjustments in Workers' Compensation as the result of Workers Compensation audit of our FY 11 payroll 4. Hackberry Drive water line replacement 5. Well repairs 6. Fire Station remodel 7. Fire Department Grants A/C replacement.• In late September the air conditioning unit failed at the planning and development building. The repairs were unable to be completed in FY 11; therefore the costs were incurred in the FY 12 budget. The City Manager successfully completed a grant through Oncor and Clear Result for $1,551.00 towards the cost of the A/C unit. Staff recommends assigning and additional $1,564.00 out of contingency to cover the entire replacement costs of the A/C unit. The total cost to replace the unit was $4615.00. Roof Repairs: A hail storm in early October caused damage beyond repair to the roof of the Police Department/Utility Billing Office. Originally the cash value of the claim was $8677.58 and the roof repair cost $15,138. However, TML has a policy that allows members to received recoverable depreciation. In total the value of the claim will cover 100% of the cost to replace the roof. Due to substantial increases in miscellaneous revenue and Item No. 8 City Secretary's use only if revenue from the insurance claim, staff recommends no additional funds be allocated to cover the $1,000.00 deductible on our insurance policy. Workers' Compensation Adjustments: Each year in December the TML will send an auditor to review the FY ended workers' compensation payments. The audit typically results in an adjustment to FY ended and newly estimated amounts for FY 12. FY 11 was the first entire year the city was responsible for the Fire Department and the audit found that the city did not carry adequate coverage in FY 11. The auditor provided an adjustment for FY 11 and a better estimate for FY 12. To provide adequate coverage, the workers compensation line must be increased by $8,467. Staff recommends a contingency allocation $8,467 to cover the increased costs. Hackberry Drive water lure: As discussed in recent meetings, the city has been developing a plan to replace the water line along Hackberry drive with a larger line that will provide better service and eliminate the numerous and frequent leaks we have experienced with that particular line. The Public Works Director has been working with contractors to get bids on the project. He has determined that the cost of replacing the line to be $45,000. The work will be performed by outside contractors; however, the city will oversee and inspect all work performed. Staff recommends an unassigned utility fund balance allocation of $27,000 to cover the cost of replacing the water line. The additional $18,000 can be funded from the CGMA water payment made to the City of Anna by the City of Melissa. Well Repairs In FY 11 the city budgeted $100,000 for maintenance and repair of pumps, wells, and motors. The city was fortunate that no serious failures occurred during FY 11 and had a balance of $85,221 in the account for maintenance and repair of wells etc. However, in FY 12 we have had 2 wells go down requiring significant repairs. With the well failures, we have the opportunity to upgrade one of the existing well's pump and motor. This will provide greater output and reliability. Staff recommends an unassigned utility fund balance allocation of $65,000 to cover the increased costs and leave approximately $50,000 for additional repairs for the remainder of FY 12. 'ire Station Remodel: At the close of FY 11 the City Manager assigned a portion ($52,383) of fiend balance for remodel costs at the Fire Department. The remodel bid has been awarded and the City Manager has assigned an additional $10,000 to the assi Mgned fund balance. This will allow the City to have $62,383 for remodel costs. Item No. 8 City Secretary's use only Fire Department Grants. The Fire Department was recently awarded 4 grants from the Texas Forrest Service. The grants include funds for a training library, LCD projector, fire shelter, and personal protective equipment. The total grants are $13,058.80 with a match %J $1,223.20. Staff recommends allocating $1,223.20 from the Fire Trust restricted fund balance to cover the matching portion of the grants. The attached exhibits will provide greater detail on the proposed budget amendments and summarize the amendment's effect upon each fund's budget. RECOMMENDED ACTION: Approve the amendments to the budget as outlined in the attached exhibit. Item No. 6 City Secretary's use only Exhibit A —Detail by Amendment Item NO. 8 City Secretary's use only Exhibit B — Amendment Summary by Fund FY 12Adopted Proposed Revenue Proposposed Expense Proposed FY 12 Department Account Name Account Object Budget Increase/(Decrease) Increase/(Decrease) Amended Budget Planning & Development Maint &Repair ofBldgs 10420-6303 $ 1,500.00 $ %115.00 $ 4,615.00 Planning & Development Misc. Revenue 10-420-5499 $ 200.00 $ 11551,00 $ 1,751.00 Police Department Maint & Repair of Bldgs 10-550-6303 $ 2,800.00 $ 10,142,46 $ 12,942,46 Police Department Misc, Revenue 10-550-5499 $ 11500,00 $ 24,416.36 $ 22,916.36 Fire Department Workers Compensation 10-543-6127 $ 3,566 $ 8,467.33 $ 12,033 Fire Department Buildings & Improvements 10-550-6941 $ $ 62,838,00 $ 62,838 Fire Trust Education&Training 74-550-6721 $ 61000,00 $ $ 7,000.00 $ 13,000.00 Fire Trust Machinery & Equipment 74-550-6911 $ 7,500.00 $ $ 1,000.00 $ 8/500400 Fire Trust Protective Gear 74-550-6213 $ $ - $ 6,282.00 $ 6,282.00 Fire Trust Grant Revenue 74-550-5500 $ $ 13,058.80 $ $ 13,058,80 Total $ 25,967.36 $ 98,844,79 Assinged Fund Balance $ 62,838.00 Fire Trust Restriced Fund Balance $ 11223,20 Contingency Allocation $ 10,031.00 FY 12Adopted Proposed Revenue Proposposed Expense Proposed FY 12 Department Account Name Account Object Budget Increase/ (Decrease) Increase/ (Decrease) Amended Budget Utility Billing Maint &Repair ofBldgs 60-710-6303 $ 200.00 $ 4/995154 $ 5,195.54 Water Misc. Revenue 60-701-5499 $ 10,000000 $ 23,015,54 $ 33,015,54 Water Maint &Repair of 60-701-6334 $ 100,000.00 $ 65,000.00 $ 165,000.00 Pump,Wells, Motors Water Maint & Repair of W/L 60-701-6330 $ 35,000.00 $ 45,000.00 $ 80,000000 Total $ 23,015.54 $ 114,995.54 Unassigned Fund Balance $ 92,000,00 Source Amount Remaining Balance Total Contingency Allocation $ 10,031.00 $ 90,859.00 Assigned Fund Balance Allocation $ 62183&00 $ Fire Trust Fund Blance Allocation $ 11223,20 $ 31,322.73 (unaudited) Unassigned Utility Fund Balance $ 92,000400 $ 393,641.00 (unaudited) Total Resources Allocated $ 166,092.20 CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 556-2011 ADOPTING THE BUDGET FOR THE 2011-2012 FISCAL YEAR BUDGET; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 6, 2011, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing as required under Texas Local Gov't Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and expenditures for the 2011-2012 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2011-2012 fiscal year budget is hereby amended with respect to its General Fund (Fund No. 10) as set forth in the original budget adopted under Ordinance No. 556-2011 by replacing the information regarding said fund with the information relating to said fund set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 3. The City Council of the City officially finds, determines, and declares that the City of Anna 2011-2012 fiscal year budget is hereby amended with respect to its Utility Fund (Fund No. 60) as set forth in the original budget adopted under Ordinance No. 556-2011 by replacing the information regarding said fund with the information relating to said fund set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. The City Council of the City officially finds, determines, and declares that the City of Anna 2011-2012 fiscal year budget is hereby amended with respect to its Fire Department Capital Projects Fund (Fund No. 74) as set forth in the original budget adopted under Ordinance No. 556-2011 by replacing the information regarding said fund with the information relating to said fund set forth in the attached Exhibit A, incorporated herein for all purposes. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2 SECTION 5. upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2011-2012 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 7. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 14t" day of February 2012. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Darren R. Driskell CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2 Planning & Development Maint & Repair of Bldgs 10-420-6303 $ 11500,00 $ 30115.00 $ 4,615.00 Plannine & Development Misc, Revenue 10-420-5499 $ 200.00 $ 11551,00 $ 1/751400 Contingency Al location $ 1,564.00 Police Department Maint & Repair of Bldgs 10-550-6303 $ 2,800.00 $ 10,142.46 $ 12,942.46 Police Department Misc. Revenue 10-550-5499 $ 1,500.00 $ 24,416.36 $ 22,916.36 Utility Billing Maint & Repair of Bldgs 60-710-6303 $ 200.00 $ 4,995.54 $ 5,195.54 Water Misc, Revenue 60-701-5499 $ 10,000,00 $ 23,015,54 $ 33,015.54 Fire Department Workers Compensation 10-543-6127 $ 3,566.00 $ 8,467.33 $ 12,033.33 Contingency Allocation $ 8,467.00 Water Maint & Repair of W/l 60-701-6330 $ 35,000.00 $ 45,000.00 $ 80,000.00 Unassigned Fund Balance $ 27,000.00 Unassigned Fund Balance $ 65,000.00 Fire Department Assigned Fund Balance 62,838.00 FY 12 Adopted Proposed Revenue Proposposed Expense Proposed FY 12 Department Account Name Account Object Budget Increase/ (Decrease) Increase/ (Decrease) Amended Budget Fire Trust Education & Training 74-550-6721 $ 6,000.00 $ 7,000.00 $ 1%000.00 Fire Trust Machinery & Equipment 74-550-6911 $ 7,500.00 $ 1,000.00 $ 81500,00 Fire Trust Protective Gear 74-550-6213 $ $ 61282,00 $ 61282,00 Fire Trust Grant Revenue 74-550-5500 $ $ 13,058,80 $ 13,058,80 Fire Trust Restricted Fund Balance $ 11223,20 FY 12 Adopted Proposed Revenue Proposposed Expense Proposed FY 12 Department Account Name Account Object Budget Increase/ (Decrease) Increase/ (Decrease) Amended Budget Planning & Development Maint & Repair of Bldgs 10-420-6303 $ 1,500.00 $ 31115,00 $ 41615,00 Planning & Development Misc. Revenue 10-420-5499 $ 200.00 $ 1/551600 $ 11751A0 Police Department Maint & Repair of Bldgs 10-550-6303 $ 21800,00 $ 10,142,46 $ 12,942446 Police Department Misc. Revenue 10-550-5499 $ 11500,00 $ 24,416,36 $ 22,916,36 Fire Department Workers Compensation 10-543-6127 $ 3,566 $ 8,467.33 $ 12,033 Fire Department Buildings & Improvements 10-550-6941 $ $ 62,838.00 $ 62,838 Fire Trust Education & Training 74-550-6721 $ 6,000.00 $ $ 70000,00 $ 13,000.00 Fire Trust Machinery & Equipment 74-550-6911 $ 71500,00 $ $ 1,000.00 $ 81500,00 Fire Trust Protective Gear 74-550-6213 $ $ $ 61282,00 $ 61282,00 Fire Trust Grant Revenue 74-550-5500 $ $ 13,05&80 $ $ 13,058.80 Total $ 25,967.36 $ 98,844,79 Assinged Fund Balance $ 62,838,00 Fire Trust Restriced Fund Balance $ 1,223.20 Contingency Allocation $ 10,031,00 FY 12 Adopted Proposed Revenue Proposposed Expense Proposed FY 12 Department Account Name Account Object Budget Increase/ (Decrease) Increase/ (Decrease) Amended Budget Utility Billing Maint & Repair of Bldgs 60-710-6303 $ 200.00 $ 4,995.54 $ 51195,54 Water Misc. Revenue 60-701-5499 $ 10,000,00 $ 23,015,54 $ 33,015.54 Water Maint & Repair of 60-701-6334 $ 100,000,00 $ 65,000,00 $ 165,000400 Pump,Wells, Motors Water Maint & Repair of W/L 60-701-6330 $ 35,000,00 $ 45,000,00 $ 80,000400 Total $ 23,015.54 $ 114,995.54 Unassigned Fund Balance $ 92,000.00 Y{OUR} �iOMETOW N Council Meeting: February 14, 2012 Account Code #: Budgeted Amount: Item NO*!) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution recognizing the fling of a petition to create a Public Improvement District, SUMMARY: Last year the City contacted several affected property owners regarding the expansion of FM 455 and the potential for a median break that would provide access into the Anna Market Center and the primarily undeveloped commercial property located on the north side of the road. Since such a median break would be considered a private improvement by TxDOT, the property owners benefitting from the median break would need to pay for the additional construction cost. According to the project engineer's current estimate, the cost of the median break improvements would be $ / 2,136. In our subsequent discussions regarding this issue, it was proposed that the property owners on each side of FM 455 split the cost with each group paying for one-half of the total cost. Each property owner would then pay for a proportionate share based on the size of each benefiting property. While the property owners in the Anna Market Center development were supportive of this proposal, the property owner's on the north side of the FM 455 did not feel that they should be responsible for a full one-half of the cost. The property owners in the Anna Market Center indicated that they would support the creation of a Public Improvement District in order to gain the proportionate financial contributions from all the benef}ting property owners on both sides of FM 455. A Public hnprovement District (PID) can be created upon submission of a petition to the City Council signed by the owners of taxable real property representing more than 50% of the appraised value of taxable real property to be included in the District, and more than 50% of the record owners of real property within the proposed district. If the City Council ultimately chooses to create a PID, each property owner in the PID would be assessed a proportionate share of the cost of the median break improvements. The City has received a petition signed by four property owners that represent more than 50% of the appraised value of taxable real property to be included in the district, and more than 50% of the record owners of real property within the proposed district. The attached Resolution recognizes that the petition has been submitted and directs the City Manager, City Attorney, Planning Director, and Finance Director to prepare a proposed service plan, assessment plan, and assessment roll and to present same to the City Council at the public hearing scheduled for February 28, 2012. RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION RECOGNIZING THE FILING OF A PETITION REQUESTING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND CREATING A BODY TO PREPARE A SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL RELATING TO SAID PROPOSED DISTRICT, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 23, 2012 there was presented to the City of Anna, Texas (the "City") a petition (the "Petition") seeking the authorization to create a public improvement district (the "District"); and WHEREAS, said Petition described public improvements proposed to be made within the District; and WHEREAS, notice of a public hearing was published on February 10, 2012 in a newspaper of general circulation within the City and was mailed to the owners, as reflected on the tax rolls, of property subject to assessment in the District, giving interested persons the opportunity to appear and be heard; and WHEREAS, said public hearing is scheduled for Tuesday, February 28, 2012 at 7:30 p.m. in the City of Anna City Hall Administration Building 111 N. Powell Parkway, Anna, Texas, in order to hear any objections, testimony, and public comment regarding the authorization of the District and the proposed public improvements; and WHEREAS, all owners of property located within the proposed District and all other interested persons shall have the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, under Section 372.013 of Texas Local Government Code, V.T.C.A., as amended, the City Council desires to designate the City as the entity that shall prepare a proposed service plan, proposed assessment plan, and proposed assessment roll, and the City further designates the following persons to act on behalf of the City to prepare said items: City Manager, City Attorney, Planning Director, and Finance Director; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: City of Anna, Texas Resolution No. Page 1 Section 1. Recitals Incorporated. The City Council hereby approves the statements contained in the preamble of this resolution and finds that all statements are true and correct and incorporates the same in the body of this resolution as if set forth in full for all purposes. Section 2. Findings of the Council. The City Council, after receiving the Petition, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than 50% of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who constitute more than 50% of all record owners of property that is liable for assessment under the property; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of Texas Local Government Code, V.T.C.A., as amended, and are likely to be advisable and desirable improvements for the District in that the proposed public improvements will provide additional access through a median break on Farm to Market Road 455 for the properties within the proposed District and that, due to the area's close proximity to U.S. Highway 75 and North Powell Parkway, and a projected increase in traffic volume in the area and the potential number of residents and businesses in the District, such additional access will enhance the health and safety of all residents of the District and will provide necessary public access to properties within the proposed District; (c) the proposed public improvements are likely to promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; Section 3. Creation of Body to Prepare Proposed Service Plan, Assessment Plan, and Assessment Roll. Based on the foregoing, the City creates the following body and directs its members to prepare a proposed service plan, assessment plan, and assessment roll and to present same to the City Council at the public hearing scheduled for February 28, 2012: City Manager, City Attorney, Planning Director, and Finance Director. City of Anna, Texas Resolution No. Page 2 Section 4. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, sentences and phrases of this resolution are severable, and if any section, paragraph, clause, sentence or phrase of this resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this resolution since the same would have been enacted by the City without the incorporation in this resolution of any such unconstitutional or illegal section, paragraph, clause, sentence or phrase. Section 5. Effective Date. This resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 14tn day of February, 2012. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Darren R. Driskell City of Anna, Texas Resolution No. Page 3 PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN CITY OF ANNA, COLLIN COUNTY, TEXAS This petition (this "Petition") is submitted anrd Bled wish the City of Anna City Secretary, City of Anna, Texas by Brookshire Grocery Company, a Texas corporation, Anna Market Center, Ltd., a Texas limited partnership, Independent Bank Group, and LBS Partners, Inc., a Texas corporation (collectively, the "Petitioners"), acting pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended (the "Act"), requesting that the City of Anna, Texas (the "C") create a public improvement district (the "District") to include property owned by the Petitioners and additional adjacent property, the aggregate of said property being located within the corporate boundaries of the City as more particularly described and depicted on Exhibit A {Petitioners' property and the adjacent property across FM 455 are collectively referred to herein as the "Property"), In support of this Petition the Petitioners would present the following: Section 1. General Nature of the Authorized Improvements. The purpose of the District is to fund the following improvements (collectively, the "Authorized Improvements"): (a) payment of expenses incurred in the establishment, administration, and operation of the District; and (b) the design and construction of the public improvement projects authorized by the Act that allow paved access to the Property including without limitation all costs associated with constructing and paving a highway median break on FM 455 (W. White Street) that will provide access to the Property, and projects similar to those listed above, specifically including clearing, grading, and excavation work related to the same. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Section Z. Estimated Cast of the Authorized Improvements. The Petitioners estimate that the cost to fund the Authorized Improvements is $72,136.00, plus an estimated $300 for the City's administrative and legal fees. In no event shall the cost of the Authorized Improvements exceed $80,000.00 in the aggregate (the ",C�a ,"). Section 3. Boundaries of the Proposed Distx•icf. The District is proposed to include the Properly described and shown on Exhibit A. Section 4. Proposed Method of Assessments. The City shall levy assessments on each owner of the Property within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. The owners of the Property in the District located on the north side of FM 455 shall be responsible for one-half of the total cost of the Authorized Improvements based on the percentage land area within the District located on the north side of FM 455 owned by each property owner. The owners. of the Property in the District located on the south side of FM 455 shall be responsible for one-half of the total cost of the Authorized Improvements based on the percentage land area within the District located on the south side of FM 455 owned by each property owner. PETITION POR THE CREATION Or A PUBLIC IMPI20VEMENT AJSTRJCT WITHIN ANNA, TEXAS Page r A11 assessments are due and each Petitioner shall pay to the City its respective share of the cost of the Authorized Improvements (not to exceed the Cap set forth in Section 2 above) within thirty (30) days after receipt by the Petitioners of a copy of the Texas Department of Transportation ("TXDOT") invoice or other written request from TXDOT to the City for payment of the cost of the Authorized Improvements; provided, however, that the City shall have the obligation to refund to each Petitioner the amount each Petitioner paid if the Authorized Improvements are not completed within ten years of the effective date of a Public Improvement District Agreement that relates to the Authorized Improvements and sets forth certain contractual obligations that Petitioners must meet with respect to the Authorized Improvements. Petitioners understand that the City may reject this petition and that inaction by the City with respect to approval of this Petition shall not be construed as approval of the Petition. The City may only approve this Petition by an official act of the City Council and the City will not approve this Petition unless and until Petitioners have executed a Public Improvement District Agreement that meets with the City's approval. The City shall be responsible for costs of the Authorized improvements that exceed the Cap set forth in Section 2 above. Section 5. Management of the Distr•iet. The Petitioners propose that the District be managed by the City. Section 6. Owners RegYtest Establishment of the District. The persons) signing this Petition requests the establishment of the District. Section 8. Advisory Board, An advisory body may be established to develop and recommend an improvement plan to the City. The Petitioners propose that the District be established and managed without the creation of an advisory body. This Petition leas been signed by the owners of taxable real property representing more than SO% of the appraised value of taxable real propeziy liable for assessment under this proposal, as determined by the current roll of the appraisal district in which the Property is located. This Petition is hereby filed with the City Secretary of the City of Anna, Texas in support of the creation of the District by the City Council of the City of Anna, Texas as herein provided. The undersigned requests that the City Council of the City of Anna, Texas grant its consent as above stated. Section 9. Counterpart Exeeution, This Petition may be executed in two or more identical original eoturterpatts, each of which shall serve as an original and all of whiclI together constitute one and the same agreement. Furthermore, the Parties' respective original signature and acknowledgement pages may be removed from the several counterparts and attached to one counterpart, so as to create one original instrument in recordable form. , RESPECTFULLY SUBMITTED, on this the: ' day of et ol2-OI 1. PETITION FOR TTIL CItRATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN A?�INA, TEXAS Page 2 [REST F PAGE INTENTIONALLY LEFT BLANK] PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT T�ISTRICT WITHIN ANNA, TEXAS Page 3 ANNA MABZV-CT CENTER: Anna Market Center, Ltd., a Texas limited partnership By: THE STATE OF TEXAS § COUNTY" OF DALLAS § Anna Market Center GP, LLC, a Texas limited liability company, its general partner Name: Title: President BEFORE ME, me undersigned authority, on t ;, 4vI personally appeared Nancy E. Underwood, president o Anna M fet Center GP, LLC, a Texas limited liability company, general partner of Anna Market Center, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me drat she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said company. PEGtOY t2. URBAN Notary t�ubifc STATE OF TEXAS Comm MVj neat oe, 24 Notary Pu i and for the State of Texas PETITION FOR THE CREATION OF A PUBLIC IMPROV EMENT DISTRICT WITHIN ANNA, TEXAS i1VDEPENDIuNT BANK: independent 1=3ank, THB STATE OT TEXAS § COUNTY• OF( a(i § BEpOl2E IVfI;, the undersigned authority, on ilQ�ttafa _ personally appeared. _ — o:f independent Bank, as Texas nlring association, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said banking association. RHO�fDA POLLARD Notary Public STATE OF TEXAS My Comm. Exp. 07/15/2012 Notaiy Public in and �'or the State of Texas I'G�'1'I7'ION I�OR'ik l•IL'i CRI;A'1'ION OI> A PIlIILIC IMPROVBMI?NT DISTRICT WI'P1iIN ANNA, TEXAS Pogo 6 PROPERTY OWNERS: BROOKSHIRE: Brookshire Grocery Company, a Texas corporation THE STATE OF TEXAS § COUNTY OFLyI § BEFORE ME, the undersigned authority, on, JQALAatf ?3 , �20wlt personally appeared J , 6rod e r hwnu s en , Vr'ct {gyres; �f - ,eea t estr, of Brookshire Grocery Company, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and aduiowledged to nee that he or she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Notary 1'ub1i� in and the State of Texas PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN ANNA, TI?xAS Pngc 4 THE STATE OF TEXAS ��1a § COUNTY OF l� t U'"l § 0 LBS PARTNERS, INC., a Tcxas corporation BEFORE ME, the undersigned authority, on 0..V.UCL.K-A 2 ZUIZ personally appeared Lt\kLtA Rk VB��G� Of LBS Partners, Inc,, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie or she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation, Notary Public in a the State of Texas area �tia��tw srt��t�R Notary Publia, State of Texas tvty Cornwnt 08 On Expires April i 6, 2015 PETITION FOR 1T� CREATION OF A PUBLIC rMPROVEMENT bISTRICT WITHIN ANNA, TEXAS Page 7 EXHIBIT A Median Opening Ownership Information Ownership Ixxfox•�nation South side of West White Sfi•eet Lot 1 Block A. Anna Market Center, Document Number 20080618010002250 Brookshire Grocery Company - 6.010 acres Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 Independent Bank —1.289 Acres Lot 3 Block A, Alma Market Center, Document Number 20080618010002250 Anna Market Center Limited - 1.184 Acres Lot 4 Block A, Amia Market Center, Document Number 20080618010002250 LBS Partners Inc. — 0.991 Acres Lot 5 Block A, Anna Market Center, Document N�unber 2008Q61801 Q0022S0 Anna Market Center Limited —1.382 Acres Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 Anna Market Center Limited —1.977 Acres Ownership Infoxmtatioxx Nortlx side of West White Street Lot 1 Block A, Nummer Hill Addition, Document Number 20110124010000170 Pottsboro Lube LC (Kwik Kar) - 0.63 Acres Tract 1, Part of Deed Document Number 20071205001623100 Anna 455 Commercial 40.70 Acres See Attached Description Tract 2, Part of the remainder of 157.844 Acres in VoI.3346, Pg. 764 Described in Vol. [^ Pg 5$9 The Rudman Partners — 9.15 Acres See Attached Description Description for Txact 1 Being a tract %J land situated in the F.T. Duffau Stuvey, Abstract Number 2885 in the City of Anna, Collin County, Texas, and being part of that 20 acre tract of land described by deed to Anna 455 Commercial, LP. as recorded -under Document Number 20071205001623100, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows; COMMENCING from the southeasterly corner of said 20 acre tract, same beizrg in tiie northerly line of West White Street at a point; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a point for corner; THENCE North 88 degrees 43 nninutes 33 seconds West a distance of 1.31 feet to a point for corner; THENCE North 01 degrees 16 min-rtes 2'% seconds East a distance of 237.0 feet to a point for corner; THENCE North 8$ degrees 43 nninutes 33 seconds West a distance of 126.5 feet to a point for corner; THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a point for corner; THENCE Nortln 01 degrees 06 minutes S2 seconds East a distance of 727.04 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a point for corner; THENCE South QO degrees 47 minutes 01 seconds West a distance of 554.40 feet to a point for corner; THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to the POINT 4F BEGINNING and containing 10.70 acres of Land More or less. Jrlir llr7lrilrlfr 11 l�f(a]7ir tlrYl8igil Li11R�1 r1irllr ll/Al/r ifrllr [tow It l 11 rit r [low l l r 11 r ll� r! r � rr; M Tract 1 M j 1 ANNA 4,55 COMMERCIAL i 10.70 AC. Dr o_ r! j N- �N Y 126,50' N 88.43'33" W 1 ■ jrltrllrlt �tlrli _ ■ N � � N No �N W =ram M MN zY =nrllrnrurllrnrnrn nnlcr�l�nrurllrtlrllrtlwerl�ellrltr lllawf'aw"Pt POB 483.04' N 88'43'33' W WEST WHITE STREET 3l' N 88.43133 W \87.12' E.M. H WY. NO. 455 N 8s 48'33" Description for Tract 2 Being a tract %J land situated in the F.T. Duffau Survey, Abstract Nzunber 288, in the City of Anna, Collin County, Texas, and being past of 157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of the Official Public Records of Collin County Texas to the POINT OF BEGINNING; THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a point for corner; THENCE North O1 degrees OS minutes 29 seconds East a distance of 220.49 feet to apoint for corner; THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a point for corner; THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180, 84 feet to a point for corner; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a point for corner; THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a point for corner; THENCE North ()()An 47 minutes O1 seconds East a distance of 554.40 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a point for coiner; THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to the POINT OF BEGINNING and containing 9.15 acies of Land iVlore or less. �JrrrrrrrrrrrrrWAJ[Mrrrrrrrr�i7�tiiirtirYY+Ti�Tirrnrrrrrrrrrrcrrrrrrrrrrr�r- 1 N N N N N 1 N N - 1 1 - 1 ,,! Tract 2 =1 g THE RUDMAN 1 Z4 PARTNERSHIP 07: 9.15 AC. N i� i 1� N Ncn N. 1 N 1cd 1 � i w � LLI: 1 -- -� 1 N 1co c� N �yrllir 114 I�rrA �9.�`/2 Nurrtr�rrrurrrrn�rr r N N 86048'33" W 329.73 N �ti�/'r2 3'pr'p om f l m I'm, P08 WEST WHITE STREET r7.M. HWY. N0. A-55 Council Meeting: February 14I 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 02/09/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving the design of the National Sign Plaza builder kiosk signs topper panel. SUMMARY: The Council approved a contract with National Sign Plaza (NSP). NSP has provided several alternatives to the topper for the Plazas. Attached are the alternatives to choose from. The City needs to make this decision so that signs can go into production. RECOMMENDED ACTION: Choose the topper that the City will proceed with. Item No. 10 City Secretary's use only C 2 ti y o W 6Z O ; qw ¢w NoOOc Wt-W i u xQz 0 00 o x Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report CITY OF ANNA,TEXAS Council Meeting: February 14, 2012 Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution approving the interior design layout and exterior design and the not to exceed amount from Level 5 Design for property located at 312 North Powell Parkway and authorizing the EDC Chief Administrative Officer to execute an agreement for same. (Jessica Perkins) SUMMARY: EDC staff is moving forward with the renovations needed to make the Oid Post Office usable to rent. Level 5 Design has submitted the attached proposed interior design layout, exterior design, and not to exceed amount for renovation of property at 312 North Powell Parkway. The EDC board has reviewed and proved the design and not to exceed amount of $205,870 for the renovation. STAFF RECOMMENDATION: Staff recommends you adopt a resolution. CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION APPROVING THE INTERIOR AND EXTERIOR DESIGN AS WELL AS A NOT TO EXCEED AMOUNT FOR RENOVATION OF PROPERTY LOCATED AT 312 NORTH POWELL PARKWAY WHEREAS, The City Council of the City of Anna supports the Anna Economic Development Corporation's ("EDC") desire to renovate and make available for rent the property at 312 North Powell Parkway; and WHEREAS, The City Council of the City of Anna recognizes that the EDC has approved the attached proposed interior and exterior design, and WHEREAS, The City Council of the City of Anna recognizes that the EDC has approved the attached proposed not to exceed expenses for design, materials, and labor to complete same, as described in attachment Exhibit A, and WHEREAS, The City Council of the City of Anna recognizes that the EDC desires to provide authority to the EDC Chief Administrative Officer to execute an agreement for such renovations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby authorizes the EDC to sign and execute an agreement with Level 5 Design Group and J. Houser Construction design/build firm for the renovation of property at 312 North Powell Parkway for the not - to -exceed amount of $ 205,870 The attached renovations are subject to approval as to form by legal counsel for the EDC, final content by the EDC Chief Administrative Officer PASSED by the City Council of the City of Anna, Texas, on this day of February 2012. ATTEST: APPROVED: Natha Wilkison, City Secretary Darren R. Driskell, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 CITY OF TEXAS Council Meeting: February 14, 2012 Account Code #: Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Budgeted Amount: Exhibits: �t Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution amending the Fiscal Year 2012 EDC budget. (Jessica Perkins). SUMMARY: The EDC's current budget was created prior to the purchase of the Old Post Office. The EDC netted $160,000 from the loan issued for the purchase and renovation. The $160,000 needs to be added to the revenue line and the other capital expenditures line to allow for enough funds to cover the renovation cost. STAFF RECOMMENDATION: Staff recommends you approve the resolution. CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING AND APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATIONS' REQUEST FOR A BUDGET AMMENDMENT WHEREAS, the City of Anna intends to allow and approve a budget amendment to the Anna EDC's current fiscal year budget; WHEREAS, the City Council of the City of Anna has determined that the reallocation of funds is the best use of the EDC's funds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Amend Budget The City Council of the City of Anna hereby approves the Anna EDC's budget amendment request. PASSED AND APPROVED by the City Council of the City of Anna this day of . 2012 APPROVED: Natha Wilkison, City Secretary ATTEST: Darren R. Driskell, Mayor City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 FY 2010 FY 2011 FY 2012 826 EDC ACTUAL ' BUDGET '` ESTIMATED PROPOSED REQUESTED CHANGE Revenue 5225 Sales Tax Revenue - General 5530 Interest Revenue TOTAL Revenue Supplies 6208 Office Supplies 6209 Other Supplies - Misc. 6210 Clothing Supplies 6212 Postage TOTAL Supplies Services 6703 Contract services 6711 Travel Expense 6721 Education & Training 6735 Promotion Expense 6753 Legal Expense 6761 Dues, Publications, Permits &Licenses 6783 Telephones - Pagers 6789 Debt -services Principal 6790 Interest Expense 6799 Other services -Misc. TOTAL Services Capital 6931 Land & Improvements 6941 Other Capital Expenditures TOTAL Capital TOTAL826EDC $0 $0 $236,200 $220,000 $380,000 $0 $0 $225 $225 $225 $0 $0 $236,425 $220,225 $380,225 $0 $0 $1,000 $1,000 $1,000 $0 $0 $400 $4,000 $4,000 $0 $0 $100 $300 $300 $0 $0 $75 $75 $75 $0 $0 $1,575 $5,375 $5375 $0 $0 $51,950 $52,950 $52,950 $0 $0 $8,000 $9,000 $9,000 $0 $0 $4,250 $4,500 $4,500 $0 $0 $20,000 $20,000 $20,000 $0 $0 $12,000 $13,500 $13,500 $0 $0 $700 $800 $800 $0 $0 $0 $0 $0 $0 $0 $33,476 $33,475 $33,475 $0 $0 $14,939 $14,939 $14,939 $0 $0 $0 $0 $0 $0 $0 $145,315 $149,164 $149,164 $0 $0 $0 $0 $0 $0 $0 $75,500 $65,500 $225,500 $0 $0 $75,500 $65,500 $225,500 $0 $0 $220,815 $22Q039 $380,039 Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report CITY OF ANNA, TEXAS Council Meeting: February 14, 2012 Staff Contact: Clark McCov Account Code #: Budgeted Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action amending the Ethics Code to include state law provisions. When the City last amended the Ethics Code, amendments included a provision that exempted "de minimis" gifts from the prohibition against City Officials accepting gifts. At the time, staff had recommended that a "de minimis" gift be defined as a gift having a value of $50 or less. The Council voted to change the definition to include gifts having a value of $100 or less. Staff has since discovered that while state law would generally aHow for acceptance of gifts of $100 or less, there is a lower limit on the value of gifts accepted from certain persons. The proposed amendments would include provisions to set forth in detail when a gift may be accepted that is valued between $50 and $100 and when a gift cannot be accepted unless its value is under $50. RECOMMENDED ACTION: Adopt the ordinance amending the Ethics Code. CITY OF ANNA, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING PART B, SECTION 3 OF ORDINANCE NO. 244-2006 AS AMENDED, RELATED TO DE MINIMIS GIFTS; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Anna, Texas ("City Council") recognizes that situations may arise when City Officials may be presented with gifts of de minimis value; and WHEREAS, the City Council wishes to promote good will in the business community while maintaining citizens' confidence in the integrity, independence and impartiality of those who act on their behalf in government; and WHEREAS, the City Council has investigated and determined that it would be appropriate to amend the Anna Code of Ethics to specify additional limits as relates to certain types of de minimis gifts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Amending Part B, Section 3 of the Anna Code of Ethics to further define "de minimis Gift" Part B, Section 3, subsection (c) of the Anna Code of Ethics, codified as Ordinance No. 244-2006, as amended, is hereby further amended as follows: (c) For purposes of this (ode, "Gifts of An minimis value" means gifts that: (1) are not cash, checks, negotiable instruments, stocks, bonds, gift certificates or money equivalents; and (2) are less than $100 in value; (or, if the value of the gift is unknown, reasonably appear to be less than $100 in value) if the gift is from a person that the City Official knows is not: (i) subject to regulation, inspection, or investigation by the City Official, the City, or a Board; (ii) in the custody of the City Official, the City, a Board, or the municipal court; (iii) a party to pending or contemplated litigation against the City Official, the City, or a Board; (iv) interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of the City Official's discretion; or (v) interested in or likely to become interested in any matter before the City's CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2 municipal court or other City -affiliated quasi-judicial Board or committee or other City -affiliated tribunal; or (3) are less than $50 in value (or, if the value of the gift is unknown, reasonably appear to be less than $50 in value) if the gift is from a person that the City Official knows is: (i) subiect to regulation, inspection, or investigation by the City Official, the City, or a Board; (ii) in the custody of the City Official, the City, a Board, or the municipal court: NO a party to pending or contemplated litigation against the City Official, the City, or a Board; (iv) interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of the City Official's discretion; or (v) interested in or likely to become interested in any matter before the City's municipal court or other City -affiliated quasi judicial Board or committee or other City -affiliated tribunal. Section 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of , 2012. ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Darren R. Driskell CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2 i GITY OF ANNA, TEXAS Council Meeting: February 14, 2012 Account Code #: Budgeted Amount: AGENDA SUBJECT: Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: �t Yes ❑ No Consider/Discuss/Action regarding adopting an ordinance ordering a May 12, 2012 Joint General Election with Anna ISD; Ordering a May 12, 2012 General Election to elect one Mayor and three City Council Members all for three-year terms; a Special Election to propose to voters amendments to the City of Anna, Texas Home -Rule Charter; and a Special Election to propose to voters the sale of park land. (City Council/City Attorney) SUMMARY: This ordinance orders the May 12, 2012 regular election for the positions of Mayor and Council places 1, 3, and 5. The Council must include and adopt this part of the ordinance. As drafted, the ordinance also orders special elections to propose Charter amendments and the sale %J 1.119 acres of land in Natural Springs Parlc. The special elections are at the discretion of the Council, which may decide whether or not it wishes to include all, some, or none of the seven propositions set forth in the ordinance. For propositions 1-6 that amend the ordinance, the Council may also decide whether or not and to what extent it may be desirable to alter the proposed amendments. It is recommended that the Council review closely Proposition 1 regarding staggered terms, and Proposition 5 regarding eligibility to serve on Boards and Commissions. It is my understanding that City staff recommends that the Council not send Proposition 5 to the voters, or at least amend the scope of the proposition so that it doesn't affect the Planning & Zoning Commission or the Board of Adjustments. Staff recommends sending the remainder of the propositions to the voters, including Proposition 7 regarding the sale of park land. 1:7 �LK170410 I D1►i17 Dl 17_TN Y [Ile Adopt the parts of the ordinance that order the general election. Consider and decide whether and to what extent to include Propositions 1-7 in the ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING: (1) A MAY 12, 2012 JOINT ELECTION WITH ANNA ISDN (2) A MAY 12, 2012 GENERAL ELECTION TO ELECT THE POSITIONS OF MAYOR AND THREE CITY COUNCIL MEMBERS, ALL FOR THREE-YEAR TERMS AND PROVIDING FOR RUNOFF ELECTION; (3) A MAY 123 2012 SPECIAL ELECTION TO PROPOSE TO VOTERS AMENDMENTS TO THE CITY OF ANNA, TEXAS HOME -RULE CHARTER; AND (4) A MAY 12, 2012 SPECIAL ELECTION TO PROPOSE TO VOTERS THE SALE OF CITY PARK LAND; DESIGNATING POLLING PLACES AND PROVIDING FOR EARLY VOTING, NOTICE, AND OTHER MATTERS RELATING TO SAID ELECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. In accordance with Texas Election Code § 3.004, this ordinance constitutes the ordering by the City of Anna City Council ("City Council") of: (1) a May 12, 2012 Joint General Election with Anna Independent School District; (2) a May 12, 2012 General Election to elect the positions of Mayor and three City Council positions (Places 1, 3, and 5), all for three-year terms; (3) a May 12, 2012 Special Election on Propositions 1-6 proposing measures to voters that would amend the City of Anna, Texas Home - Rule Charter; and, (4) a May 12, 2012 Special Election on Proposition 7 proposing a measure to voters for the sale of City park land. Section 2. The City Council orders an election on Proposition 1, as follows: a. In accordance with Texas focal Gov't Code § 9.005(a) and Article 11, Section 11.06 of the Charter, and in the proposed -amendment format set forth in Part II, Article 1, Section 9(b) of the City of Anna Code of Ordinances the following amendment is proposed to Section 3.01(b) of the Charter: SECTION 3.01(b) Staggering of Terms: Terms of the Council Members are staggered-�s Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 1 of 8 02-14-2012 1 1 embers.• the staggering of terms will • ' initiated as • (1) in the May �889 2013 election, voters will elect Council Members for Places 2, 4, and 6 each for three-year terms; (2) in the May �81-0-2014 election, voters will elect a -Council Members for Places 3 and 52, ^�-4, and 6, each for three- year terms; (3) in the May 2015 election, voters will elect a Council Member for Place 1 and the Mayor, each for three-year terms: and (�-}(4) all subsequent regular City Council and Mayoral elections will be for three-year terms. b. The proposed amendment set forth in Section 2.a. of this ordinance shall be presented for "yes" or "no" vote in the following form: Proposition 1 Shall the City of Anna, Texas Home -Rule Charter be amended to stagger the terms of the City Council resulting in an election every year in May? Section 3. The City Council orders an election on Proposition 2, as follows: a. In accordance with Texas Local Gov't Code § 9.005(a) and Article 11, Section 11.06 of the Charter, and in the proposed -amendment format set forth in Part II, Article 1, Section 9(b) of the City of Anna Code of Ordinances the following amendments are proposed to Section 3.05(d) and Section 6.09(b) of the Charter: Section 3.05(d) —Filling of City Council Vacancies: (d) If for any reason a single vacancy or multiple vacancies exist on the City Council, the vacancy must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs as required by Article XI, Section 11; of the Texas Constitution. The appsintee Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 2 of 8 02-14-2012 person elected to fill the vacancy must meet the qualifications referenced in Section 3.02 of this Charter. The person elected to fill the vacancy serves until the next regular municipal election for that Place on the City Council. If the position of Mayor becomes vacant, then the City Council must —as soon as is practicable after a Mayor is elected to fill the vacancy — elect the positions of Mayor Pro-Tem and Deputy Mayor Pro- Tem. Section 6.09(b) —Vacancies Created by Recall Election: (b) If a majority of the votes cast at such election are "Yes" that is, is, vote in favor of recalling the person named on the ballot —the officer is, regardless of any technical defects in the recall petition, deemed removed from office and the vacancy must be filled as provided in this Charter. b. The proposed amendments set forth in Section 3.a. of this ordinance shall be presented for "yes" or "no" vote in the following form: Proposition 2 Shall the City of Anna, Texas Home -Rule Charter be amended to clarify that all City Council vacancies must be filled by the voters as required under the Texas Constitution? Section 4. The City Council orders an election on Proposition 3, as follows: a. In accordance with Texas Local Gov't Code § 9.005(a) and Article 11, Section 11.06 of the Charter, and in the proposed -amendment format set forth in Part II, Article 1, Section 9(b) of the City of Anna Code of Ordinances the following amendment is proposed to Section 3.06(10) of the Charter: Section 3.06(10) —Design of Structures; Abatement of Dangerous Structures: (10) provide for the establishment and designation of fire limits and prescribe the kind and character of +ngs-emsstructures or improvements to be erected; provide for the erection of fire- resistant structurgs4i-reprse# la► s within certain limits; and provide for the abatement GGndemRa of dangerous or dilapidated structures-btildiRgs or Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 3 of 8 02-14-2012 of their rePAG.val deStFUGti0n; OF b. The proposed amendment set forth in Section 4.am of this ordinance shall be presented for "yes" or "no" vote in the following form: Proposition 3 Shall the City of Anna, Texas Home -Rule Charter be amended to restate language describing the powers of the City Council as relates to regulation and abatement of dangerous structures? Section 5. The City Council orders an election on Proposition 4, as follows: a. In accordance with Texas Local Gov't Code § 9.005(a) and Article 11, Section 11.06 of the Charter, and in the proposed -amendment format set forth in Part II, Article 1, Section 9(b) of the City of Anna Code of Ordinances the following amendment is proposed to Section 9.01(c) of the Charter: Section 9.01(c) —Meetings of Planning &Zoning Commission: (c) No member may serve on the Commission for more than three completed consecutive terms, exclusive of any unexpired term to which the member may have been appointed to fill due to a vacancy on the Commission. Any vacancy occurring during the unexpired term of a member may be filled by the City Council for the remainder of the unexpired term. In July of each year, or during the Commission's next meeting after July if the Commission does not meet in July, the Commission must elect from its members a Chairman, Vice Chairman, and Secretary to serve for one year beginning in that month. Members of the Commission may be removed, without cause, by an affirmative vote of a majority of the full membership of the City Council. b. The proposed amendment set forth in Section 5.a. of this ordinance shall be presented for "yes" or "no" vote in the following form: Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 4 of 8 02-14-2012 Proposition 4 Shall the City of Anna, Texas Home -Rule Charter be amended to aHow the Planning & Zoning Commission to elect its officers after July if the Planning & Zoning Commission does not meet in July? Section 6. The City Council orders an election on Proposon 5, as follows: a. In accordance with Texas Local Gov't Code § 9.005(a) and Article 11, Section 11.06 of the Charter, and in the proposed -amendment format set forth in Part II, Article 1, Section 9(b) of the City of Anna Code of Ordinances the following amendment is proposed to Section 8.01(b) of the Charter: Section 8.01(b) —Appointments to Boards and Commissions: (b) Individuals who are qualified to vote in Texas elections and who reside voters in the City or in the City's extraterritorial jurisdiction may be appointed by the City Council to serve on one or more boards, commissions., or committees. The City Council must make such appointments in a manner that results in the membership of each board, commission, or committee being composed of at least a maiority of individuals residing within the City's corporate limits. All-SUGh appointees serve at the pleasure of the City Council and may be removed at the discretion of the City Council, except as otherwise required by state law. Appointees must be removed and replaced by the City Council when necessary to ensure that the membership of each board, commission, or committee is composed of at least a majority of individuals residing within the City's corporate limits. Except as otherwise provided in this Charter, members of any such board, commission., or committee serve without compensation but may be reimbursed for actual expenses as approved by the City Council. b. The proposed amendment set forth in Section 6.a. of this ordinance shall be presented for "yes" or "no" vote in the following form: Proposition 5 Shall the City of Anna, Texas Home -Rule Charter be amended to allow persons who reside outside the City's corporate limits but Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 5 of 8 02-14-2012 who reside within the City's extra -territorial jurisdiction to serve on City boards and commissions? Section 7. The City Council orders an election on Proposition 6, as follows: a. In accordance with Texas Local Gov't Code § 9.005(a) and Article 11, Section 11.06 of the Charter, and in the proposed -amendment format set forth in Part II, Article 1, Section 9(b) of the City of Anna Code of Ordinances the following amendment is proposed to Section 12.09 of the Charter: Section 12.09 —Disaster Clause: In case of disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple disaster -related absences, deaths, or injuries, the surviving persons of the City Council, or highest surviving City official if no elected official remains, must within 24 hours of such disaster, request the highest surviving officers of the local Chamber of Commerce and the Board of Trustees of the local school district, and the County Judge of Collin County to appoint a commission to act during the emergency and call a City election within 15 days of such disaster, or as provided in the Texas Election Code, for election of a required quorum, if for good reasons it is known a quorum of the present City Council will never again meet. b. The proposed amendment set forth in Section 7.a. of this ordinance shall be presented for "yes" or "no" vote in the following form: Proposition 6 Shall the City of Anna, Texas Home -Rule Charter be amended so that in addition to the Disaster Clause being triggered by elated injuries injuries or deaths, it is also triggered by disaster -related absences? Section 8. The City Council orders an election on Proposition 7, as follows: a. The City Council desires to sell approximately 1.119 acres of park land and seeks voter approval of such sale. Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 6 of 8 02-14-2012 b. The proposed sale of parkland shall be presented for "yes" or no vote in the following form: Proposition 7 Shall the City of Anna, Texas be authorized to sell approximately 1.119 acres of park land fronting on F.M. 455 that is part of Natural Springs Park, provided that the proceeds of the sale are used by the City only to acquire and improve property for park purposes? Section 9. On May 12, 2012, the polling place for the elections ordered by this ordinance will be open from 7 a.m. to 7 p.m. The polling place on Election Day is: Anna City Hall Administrative Building 111 N. Powell Parkway Anna, Texas 75409 Section 10. The polling place for early voting by personal appearance is the same as the polling place on Election Day. The dates and times for early voters to cast ballots by personal appearance are as follows: Monday April 30, 2012 8:00 a.m. to 5:00 p.m. Tuesday May 1, 2012 8:00 a.m. to 5:00 p.m. Wednesday May 2, 2012 8:00 a.m. to 5:00 p.m. Thursday May 3, 2012 8:00 a.m. to 7:00 p.m. Friday May 4, 2012 8:00 a.m. to 5:00 p.m. Saturday May 5, 2012 8:00 a.m. to 5:00 p.m. Monday May 7, 2012 7:00 a.m. to 7:00 p.m. Tuesday May 8, 2012 7:00 a.m. to 7:00 p.m. Section 11. The Collin County Elections Administrator is designated as the early voting clerk. Qualified voters may mail applications for a voting mail -in ballot only from March 13, 2012 until the close of business on May 4, 2012. Requests for applications must be mailed to: Sharon Rowe Elections Administrator 2010 Redbud Blvd., Ste 102 McKinney, Texas 75069 Section 12. The City Secretary is ordered to do the following: Ord,-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CIIARTER AMENDS CRl Page 7 of 8 02-14-2012 (1) Coordinate with the Collin County Elections Department, Sharon Rowe, Elections Administrator, to hold the May 12, 2012 City of Anna General Election. Paper ballots approved by the Texas Secretary of State will be used on Election Day and for early voting. (2) Provide and publish notice of the elections ordered in this ordinance in accordance with the Texas Election Code. (3) Coordinate with the Collin County Elections Department, Sharon Rowe, Elections Administrator, to hold a runoff election conducted in accordance with the Texas Election Code if no candidate receives a majority of the votes. Section 13. If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council of the City of Anna, Texas, declares that it would have passed each and every part of this ordinance notwithstanding the omission of any part that is declared invalid or unconstitutional. Section 14. Any of the above -referenced propositions amending the Charter or authorizing the sale of park land shall become effective upon approval by a majority of qualified voters voting in the May 12, 2012 election and shall be in full force and effect from said approval and upon any required posting and/or publication, and the City Secretary is hereby directed to implement, if necessary, such posting and/or publication. PASSED, APPROVED, AND ADOPTED on February 14, 2012. ATTEST: APPROVED: Natha Wilkison, City Secretary Darren R. Driskell, Mayor Ord.-003029 D20120209 ORDER 2012 GEN SPECIAL ELECTION PARK CHARTER AMENDS CRl Page 8 of 8 02-14-2012 Council Meeting: February 14, 2012 Account Code #: Budgeted Amount: AGENDA SUBJECT: Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: �t Yes ❑ No Consider/Discuss/Action regarding resolution adopting Settlement Agreement and Release related to suit styled William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas. SUMMARY: The above -referenced case is on the agenda for closed -session discussion. RECOMMENDED ACTION: Adopt above -referenced resolution. fiOMIs'TOWN Council Meeting: February 14, 2012 Account Code #: N/A Budgeted Amount: I:1 Item No.16 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discussion regarding ordinances relating to the sale of alcohol; William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296- 04555-2011 in the 296t" District Court of Collin County, Texas; Anticipated litigation regarding nuisance property condition at 323 East 7th Street. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, SUMMARY: RECOMMENDATION: Rw Council Meeting: February 14, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 17 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for February 14, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: IiOMETOWN Council Meeting: February 14I 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 18 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-9-12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.