HomeMy WebLinkAbout2013-02-12 Workshop & Regular Meeting PacketA
CITY COUNCIL MEETING
SIGN IN SHEET
DATE: Z 3
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.
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CONSTRUCTION CONTRACT
Water Splash Inc. ("Builder,") and, the City of Anna, Texas ("Client,") hereby enter into this Construction Contract (this "Contract")
effective as of this — day of , 2013, for the purposes of establishing the provisions of the delivery and
construction of a splash pad and related equipment in Slayter Creek Park.
I. Summary of Contract
Builder will provide Client all of the items set forth in this Contract in the manner and within the time period set forth herein and
shall otherwise perform its obligations under this Contract at a Total Price (as set forth in Section IV of this Contract) of $280,000.00.
II. Builder Obligations
Builder must perform the following obligations:
1. Site preparation. Includes soil stabilization and excavation to a depth of 4 feet consistent with the geotechnan d
report
provided to Builder by Client. Includes filler of select fill - soil/crushed rock plus support bases, soil removal an
disposal.
2. Construction/Installation. Includes installation of splash pad and all related products, equipment and materials in
accordance with the illustrations and design documents attached hereto as Exhibit A and other applicable provisions of
this Contract, said products, equipment, and materials including without limitation:
a. 5,000 gallon fiberglass tanl<to be buried and utilized as storage to flow away during time of peak water demand.
Connection to the pump (bottom or side) will be determined and approved by the City (see tank/pump details in
Exhibit A). It is intent of the City to convert the storage tank to a recirculation tank in the future. Unused tank
connections will be closed by blind flange so later the tank can be used to convert to a recirculation system.
Pump will be provided by Builder per specifications in Exhibit A.
b. 21 output manifold and metal vault mounted on concrete pad. Builder shall provide vault specifications to
Client for approval prior to installation. Client shall approve location of manifold and vault;
c. controller;
d. pressure regulator and backflow preventer;
e. 6500 sq. ft. total surface area for splash pad. The concrete splash pad surface area will be constructed with 5"
3600 PSI concrete with #3 rebar 12" on center on top of minimum 2 of cushion sand, and in all respects shall be
in accordance with the standard detail provided by Builder's engineer. Prior to construction, Builder shall
provide Client with engineered standard detail for concrete pad.
f. two toddler sections separated with Knee walls;
g. four Rain Forest green (USA Shade - to match adjacent playground sail) hypar sails (custom shape, 16 foot entry
height and up to 600 sq. ft. coverage per sail) covering the toddler bays and seating sections (Builder shall
provide engineered drawings/plans for shade canopies to Client prior to installation);
h. a total of 16 above ground features in the following quantities: Splash Bucket (1); Cactus (1); Misty Column (1);
Cowboy Hat(1); Horse Cannons (2); Water Barrel (1); Aqua Loop Set (1); Aqua Horse (1); Aqua Spiral (1); Bell
Shower (1); Aqua Nature II —(1); Lady Bug (1); Aqua Turtle (1); Flower Activator (1); Regular Activator (1); and
custom plates to cover with flower motif (4) — color selection of features to be determined by Client;
i. a total of 32 in -ground features in the following quantities: Aqua Tunnel set (1); Aqua Spray (3); Aqua Jets (6);
Wall Mounted Sprays (6); Aqua Cone (1); and Jumping jets (12); Aqua Peahen (3); drain boxes (5);
j. finishing with Spray Deck (2 colors). Color options for the entire splash pad surface to be selected by Client;
I<. four benches to match complimentary product on the adjacent playground (6 foot long, Miracle Legacy model
#12721, color forest green); and
CONSTRUCTION CONTRACT Page 1 of 4
I. two trash cans to match complimentary product from neighboring playground (Miracle model #11805J, color
forest green, trash can inserts Miracle model #1185FT, forest green).
3. Technical Specifications. Prior to construction and installation, Builder shall provide Client with the technical
specification for all splash pad features listed in Section 11.2. of this Contract.
4. Performance/Payment Bonds. Within ten business days of the effective date of this Contract, Builder shall provide to
Client a payment bond and a performance bond, each in the amount of the Total Price of this Contract and each in
accordance with Texas Government Code § 2253.021. Said bonds must be provided to Client in a form approved by
Client before Builder performs any services or work under this Contract, and before any sums shall become due and
payable by Client. Should the Total Price increase for any reason, Builder shall submit additional payment bonds and
performance bonds to match any such increases.
5. Maintenance Bond. In addition to and cumulative of any warranties provided by Builder, Builder shall provide to Client
a two-year maintenance bond in the Total Price of this Contract and in a form approved by Client.
6. Change Orders. Before requesting a change order that would increase the Total Price, Builder will take all reasonable
steps to find suitable alternatives that meet the requirements of this Contract without increasing the Total Price and
Builder will pursue such alternatives with dispatch and diligence after written approval by Client. Builder shall not
proceed with any work described in a change order that increases the Total Price unless such change order specifically
describes the changes in the work the amount of the price increase, and is signed by Client's City Manager.
7. Construction Period. Builder agrees that construction will begin after receiving Client's written notice to proceed, as
early as the month of February 2013, and that completion is guaranteed within 80 days after issuance of the notice to
proceed. Builder shall be responsible to pay Client in the amount of $500 for each day that work remains uncompleted
after said 80-day period.
8. Insurance Requirement. Builder agrees to hold insurance policies including auto liability and general liability in the
coverage amounts of at least $2,000,000.00 per occurrence, said policies covering injuries to persons or property,
equipment, materials and/or subcontractors, and shall further hold any other insurance policies required under the
laws of the State of Texas in the statutory amounts. Compliance with these insurance requirements shall not limit the
liability of Builder or any subcontractor. Any remedy provided to Client by any insurance maintained by Builder and/or
a subcontractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an
indemnitee of Builder) available to Client under this Contract or otherwise. Neither approval nor failure to disapprove
insurance furnished by Builder or subcontractor shall relieve Client from responsibility to provide insurance as required
by this Contract.
9. Subcontractors/Hires. Builder may use qualified subcontractors of their choice, with the understanding that payment
to the subcontractor is the sole responsibility of Builder. Builder will utilize a fully qualified on -site engineer to
supervise the entire project installation.
10. Cleanup. Builder agrees to be solely responsible for removal of all debris, equipment, and materials and dispose of
same according to city/state laws and regulations.
11. Warranties. In addition to and cumulative of the other assurances/bonds to be provided by Builder under this Contract,
Builder shall provide Client with all warranties described or referenced in the attached Exhibit A, and shall do so within
ten business days of the effective date of this Contract.
12. Indemnity. EXCEPT FOR EXPENSES OR LIABILITIES ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON
CONDUCT OF CLIENT, BUILDER HEREBY EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD CLIENT HARMLESS
FROM AND AGAINST ANY AND ALL EXPENSES AND LIABILITIES ARISING OUT OF THE PERFORMANCE OR DEFAULT OF
THIS CONTRACT AS FOLLOWS: BUILDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, CLIENT AND ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND
AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, (WHETHER IN CONTRACT OR IN TORT, INCLUDING PERSONAL
INJURY, ACCIDENTAL DEATH OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS/ALLEGATIONS ARE.
FALSE, FRAUDULENT OR GROUNDLESS), AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND RELATED COSTS,
CONSTRUCTION CONTRACT Page 2 of
EXPERT FEES, LITIGATION, ARBITRATION, MEDIATION, OR APPEAL EXPENSES) INCURRED IN ANY MATTER, INCLUDING A
PROCEEDING TO ENFORCE THE DUTIES SET FORTH IN THIS PARAGRAPH WHICH IN WHOLE OR IN PART ARE ALLEGEDLY
CAUSED BY THE NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGFUL MISCONDUCT OF BUILDER OR PERSONS
EMPLOYED BY OR UTILIZED BY BUILDER IN BUILDER'S PERFORMANCE OF THIS CONTRACT. BUILDER'S OBLIGATION TO
INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL REMAIN IN EFFECT AND SHALL BE BINDING UPON BUILDER
WHETHER SUCH INJURY OR DAMAGE SHALL ACCRUE, OR MAY BE DISCOVERED, BEFORE OR AFTER TERMINATION OF
THIS CONTRACT, BUILDER'S FAILURE TO COMPLY WITH THIS SECTION'S PROVISIONS SHALL CONSTITUTE A MATERIAL
BREACH UPON WHICH BUYER MAY IMMEDIATELY TERMINATE OR SUSPEND THIS CONTRACT, AND PURSUE ANY OTHER
AVAILABLE REMEDY.
13. Business Registration. As an entity organized outside of the State of Texas, Builder must register as a foreign company
with the Office of the Texas Secretary of State. While Builder may begin work under this Contract before it has
completed such registration, Client shall have no obligation to make any payment under this Contract until such time
that Builder has fully completed said registration. Once registered, Builder shall maintain such registration in good
status with the Office of the Texas Secretary of State at all times while performing any services under this Contract and
for at least 12 months after the conclusion of the performance of said services. Notwithstanding any other provision of
this Contract, Client may terminate this Contract after giving 30 days' written notice to Builder that Client has
determined, upon information and belief, that Builder has not completed such registration with the Office of the Texas
Secretary of State. Such termination shall become effective 30 days after submission of said written notice unless
Builder delivers proof to Client that it has fully completed such registration. To be considered valid, said proof must be
certified by the Office of the Texas Secretary of State.
III. Client Obligations
Client is responsible for the following items:
1. Permit Fees. In addition to the payments otherwise required under this Contract, payment of any required permit fees.
2. Payment. Subject to other express terms of this Contract, Client agrees to pay Builder according to the following
schedule:
a. Builder will invoice Client bi-monthly and upon inspection and approval by Client, installments will be paid based upon
percentage of the Total Price (as set forth in Section IV.1. of this Contract) for material delivery and work completed as
of the time of invoicing.
b. Notwithstanding any other provision in this Contract, Client may withhold a final payment amount of $50,000 until
Builder has complied with the provision regarding the required maintenance bond under Section 11.5. of this Contract.
c. Client agrees that if payment is not made according to the above schedule, Builder has the right to stop all work until
such time as payments have been brought current.
3. Price Changes. Client will be responsible for additional costs that are the result of any agreed -upon, properly approved
and executed change orders, should they be necessary, subject to Builder's responsibilities under Section 11.6. of this
Contract.
IV. Price
The "Total Price" for all materials and services to be provided under this Contract is $280,000.00 asset forth below:
All products: $2001000.00
Installation cost: $150,000.00
Combined cost: $350,000.00
20% discount Buy Board: $70,000.00
Total Price: $280,000.00
CONSTRUCTION CONTRACT Page 3 of 4
V. Miscellaneous
1. Authority to Contract. Builder represents and warrants to Client that the person signing this Contract has full authority to
bind Builder to its obligations and promises as set forth in this Contract. Client represents and warrants to Builder that the
person signing this Contract has full authority to bind Client to its obligations and promises as set forth in this Contract.
2. Representations and Warranties. Builder represents and warrants to Client that Builders statements in the attached Exhibit
A, and the information contained therein, is true and correct and applicable to this Contract and Builder's obligations
hereunder.
3. Independent Contractor. Except as expressly set forth in this Contract, Builder shall be solely responsible for and have
exclusive control over delivery of the products, materials, equipment and installation/construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the work and services under this Contract. This
Contract is not in any respect a joint venture or partnership between Builder and Client.
4. Applicable Law/Venue. This Contract shall be governed by the laws of the State of Texas and exclusive jurisdiction over and
venue for any dispute arising from, related to, or growing out of (directly or indirectly) this Contract, shall be brought in a
court of competent jurisdiction in Collin County, Texas.
5. Addresses and Notice. All notices hereunder from Client to Builder will be sufficiently given if sent by certified mail with
confirmation of delivery, addressed to: Gokhan Celik, Watersplash Inc., 25 Locust St. #412, Champlain NY 12919. All notices
from Builder to Client will be sufficiently given if sent by certified mail with confirmation of delivery, addressed to: City
Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75409. All notices will be deemed to have been
given on the date of mailing or sending of such notice. The parties may change their respective address upon five business
days' written notice to the other party.
6. Entire Agreement. This Contract, Exhibit A, attached hereto, and the written warranty(ies) and Technical Specifications to
be delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind
made by the parties or their representatives. No representative or employee of Builder or Client has any authority to bind
themselves, respectively, to any term, representation or warranty other than those specifically included in this written
Contract or the written warranty(ies) and Technical Specifications to be delivered to Client in connection with this Contract.
This Contract may not be amended or supplemented except by written agreement executed by Builder and Client. This
Contract is not intended to benefit any parties not a party hereto.
SIGNATURES:
CITY OF ANNA
By: Philip Sanders, City Manager
CONSTRUCTION CONTRACT
WATER SPLASH, INC.
By: Gol<han Ceiil<, its President
ITiti
By: Tara Menon, its Regional Manager
Watersplash, Texas Region
Page 4 of 4
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Y;OUR} HOMETOW N
ITY
February 12, 2013
A NOTICE -CITY COUNCIL WORKSHOP
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 12, 2013, at the Anna City Hall Administration Building, located at I I I North
Powell Parkway (Hwy 5), regarding the following items.
1. Call to Order
2. Roll Call and Establishment of Quorum.
3. 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. 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); anticipated litigation with John and
Diane Simon and Amazing Solar Solutions, Inc. discussion regarding the
GTUA Administrative Payment.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); purchase of park land.
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.
4. Consider/Discuss/Action on any items listed on posted agenda for February 12,
2013 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
5. Adjourn.
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.
02-12-13 CC Regular Meeting Agenda.doc 1 Posted 02-08-13
This is to certify that I, Natha Wilkison, City Secretary, posted
place readily accessible to the public at the Anna City Hall and
bulletin board at or before 5:00 p.m., February 8, 20130
this agenda at a
on the City Hall
�'2'a� 2Ui�ccda�t
Natha Wilkison, City Secretaty
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-I2-13 CC Regular Meeting Agenda.doc 2 Posted 02-08-13
Y{OUR} FIOMETOW N
Li
February 12, 2013 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
12, 2013, at the Anna City Hall Administration Building, located at I I I 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°ecofd of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 rninirtes to speak. The Council is
unable to respond to or discuss any issues that are brought zip 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 or4 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 of salutary recognition of a public official, public employee, of
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 of is scheduled to be attended by a member
of the governing body of an official of 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.
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.
02-12-13 CC Regular Meeting Agenda.doc 3 Posted 02-08-13
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 Regular Minutes of January 0
b. Approve City Council Special Minutes of February 2, 2013.
c. Authorize the City Manager to solicit bids for Phase 1 Water Blending
Project. (City Manager)
d. Approve a Resolution approving an Anna Youth Sports Association
(AYSA) Agreement.(City Manager)
6. Consider/Discuss/Action regarding a Resolution approving an agreement with
the North Texas Municipal Water District. (City Manager)
7. Consider/Discuss/Action regarding a Resolution approving a contract with
Water Splash. (City Manager)
8. Consider/Discuss/Action regarding a Resolution approving the Anna
Community Development Corporation's purchase of a playground canopy for
Slayter Creels Park. (Jessica Perkins)
9. Consider/Discuss/Action regarding a Resolution approving an Economic
Development Incentive Agreement between Anna Economic Development
Corporation and Nimbix, Inc. (Jessica Perkins)
10. Consider/Discuss/Action regarding adopting an Ordinance authorizing the
update/supplement to the Anna City Code of Ordinances to include all current
amendments to the Code. (Clark McCoy)
11. Consider/Discuss/Action regarding an Ordinance ordering a May 11, 2013
General Election for three (3) City Council Members for three (3) year terms
and a joint election with Anna ISD and Collin County Community College.
(City Council)
12. Consider/Discuss/Action approving a Resolution authorizing solicitation for
primary all depository services from institutions physically located outside
the municipal boundaries of the Ciity of Anna, Texas. (Clayton Fulton)
13. Discussion regarding the availability of JAG Grants and possible projects.
(Chief Jenks)
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.
02-12-13 CC Regular Meeting Agenda.doc 4 Posted 02-08-13
14. 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. 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);
anticipated litigation with John and Diane Simon and Amazing Solar
Solutions, Inc.; discussion regarding the GTUA Administrative
Payment.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); purchase of park land.
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.
15. Consider/Discuss/Action on any items listed on posted agenda for February
12, 2013 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
16. 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 8, 2013.
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.
02-12-13 CC Regular Meeting Agenda.doc 5 Posted 02-08-13
y
Council Meeting: February 12, 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Call to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-7-13
Exhibits: ❑Yes ❑ No
Council Meeting: February 12I 2013
Account Code #: N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philp Sanders
Date Prepared: 2-7-13
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
r�
Council Meeting: February 22, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-7-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allo���ed 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:
.1.
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: Februaryl2, 2013 Staff Contact: Philip Sanders
Account Code It. N/A Date Prepared: 2-7-13
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
nuunicipalio3 ; 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.
Council Meeting: February 12, 2013
Account Code #: N/
Budgeted Amount:
N/
Item No. 5 a - d
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-7-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
'housekeeping" items required by lain. Items may be considered individually by any Council
nhernber making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Regular Minutes of January 22, 2013.
b. Approve City Council Special Minutes of February 2, 2013.
c. Authorize the City Manager to solicit bids for Phase 1 Water Blending
Project. (City Manager)
d. Approve a Resolution approving an Anna Youth Sports Association
(AYSA) Agreement.(City Manager)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
January 22, 2013 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 229
2013, at the Anna City Hall Administration Building, located at III North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Milce Crist and Council Members James T. Cook, Lauren Lovato, John
Hopewell, Nathan Bryan and Becky Glover were present. Council Member Geren
was absent.
3. Briefing/Discussion regarding transportation services and the Collin County
Area Region Transit. (Bill Whitfield)
Bill Whitfield made a presentation to council and answered questions from
council members.
4. Discussion regarding Park Concessions Agreement. (Philip Sanders)
City Manager, Philip Sanders presented the item to council and answered
questions from council members.
Council Member Hopewell made the motion to enter closed session at 7:08 pm.
Council Member Bryan seconded the motion. Motion passes.
AYE 6
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:
a. consult with legal counsel regarding pending or contemplated
gation 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);
anticipated litigation with Amazing Solar Solutions.
01-22-13 CC Regular Meeting Minutes.doc 1 01-22-13
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 Hopewell made the motion to return to open session at
7:26 pm. Council Member Glover seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
6. Consider/Discuss/Action on any items listed on posted agenda for
January 22, 2013 City of Anna City Council Regular Meeting or any
Closed Session occurring during this Workshop, as necessary.
Council Member Hopewell made the motion to take no action. Council
Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Adjourn.
Council Member Coolc made the motion to adjourn at 7:27 pm. Council
Member Hopewell seconded the motion. Motion passes.
AYE 6 NayO ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Milce Crist, Mayor
01-22-13 CC Regular Meeting Minutes.doc 2 01-22-13
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
January 22, 2013
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., January 223
2013, at the Anna City Hall Administration Building, located at III North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Mike Crist called the meeting to order at
2. Invocation and Pledge of Allegiance.
Mayor Mike 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 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.
None
4. Receive reports from Staff or the City Council about items of community
interest. Itenns of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules,
an honorary or salutay 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.
Chief Jenks mentioned a lock down exercise for the Anna ISD will be going
on January 23, 2013.
01-22-]3 CC Regular Meeting Minutes.doc 3 01-22-13
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 Regular Minutes of January 8, 2013.
b. Authorize City Manager to solicit bids for water meters. (James
Parkman)
c. Review City of Anna Racial Profile Report. (Chief Jenks)
d. Approve a resolution regarding a contract with the Cooperative
Purchasing Network. (Clayton Fulton)
e. Review EDC Minutes of September 8, 2012, September 25, 2012
and November 1, 2012. (Jessica Perkins)
f. Review CDC Minutes of September 8, 2012, September 25, 2012
and November 1, 2012. (Jessica Perkins)
g. Approval of Final Plat for "West Crossing Phase 2". (Maurice
Schwanke)
Council Member Cook requested that item 5 (c) be broken out for discussion.
Council Member Hopewell made the motion to approve the consent items
minus item 5 (c). Mayor Crist seconded the motion. Motion passes.
AYE 6
NAY 0
Chief Jenks present Item 5 (c) to council. Council Member Cook made the
motion to approve Item 5 (c). Mayor Crist seconded the motion. Motion
passes.
AYE 6
NAY 0
6. Consider/Discuss/Action regarding a Resolution finding a public necessity
and authorizing the use of eminent domain to condemn private property
owned by Chan C. Chung and/or others for public waterline and
wastewater line easement associated with alterations to F.M. 455 in the
City. (City Manager)
City Manager, Philip Sanders presented the item to council. Mayor Crist made
the motion "I move that the City of Anna, Texas authorize the use of the
power of eminent domain to acquire 618 square feet of land, more or less, in
the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin
County, Texas, and being part of that certain called 0.2135 acre tract of land
described in a deed to Chan C. Chung, as recorded in Volume 5965, Page
2924 of the Official Public Records of Collin County, Texas, said 618 square
feet of land being more particularly described by the metes and bounds
description set forth in Exhibit "A" to this resolution, which I incorporate in
01-22-13 CC Regular Meeting Minutes.doc 4 01-22-13
full into my motion, for a waterline and wastewater line easement." Council
Member Hopewell seconded the motion. Motion passes.
AYE 6
ABSTAIN 0
7. Consider/Discuss/Action regarding a Resolution finding a public necessity
and authorizing the use of eminent domain to condemn private property
owned by Charles K. Green and/or others for public waterline and
wastewater line easement associated with alterations to F.M. 455 in the
City. (City Manager)
City Manager, Philip Sandell presented the item to council. Mayor Crist made
the motion "I move that the City of Anna, Texas authorize the use of the
power of eminent domain to acquire 1,247 square feet of land, more or less, in
the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin
County, Texas, and being part of that certain called 0.275 acre tract of land
described in a deed to Charles K. Green, as recorded in Volume 5858, Page
3.868 of the Official Public Records of Collin County, Texas, said 1,247
square feet of land being more particularly described by the metes and bounds
description set forth in Exhibit "A" to this resolution, which I incorporate in
fil11 into my motion, for a waterline and wastewater line easement." Council
Member Hopewell seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
8. Consider/Discuss/Action approving a resolution regarding a contract
between the City of Anna and Valley View consulting for investment
advisory services. (Clayton Fulton)
Director of Finance, Clayton Fulton presented the item to council. Council
Member Cook made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
9. Consider/Discuss/Action regarding a Resolution approving a
Development Agreement with Q Seminole Anna Town Center LP. (City
Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Hopewell made the motion to approve. Council Member Glover seconded the
motion. Motion passes.
AYE 6
NAY 0
Council did not enter closed session at this time.
ABSTAIN 0
01-22-13 CC Regular Meeting Minutes.doc 5 01-22-13
10. 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. 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);
anticipated litigation with Amazing Solar Solutions.
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.
11. Consider/Discuss/Action on any items listed on posted agenda for
January 22, 2013 City of Anna Workshop Session or any closed session
occurring during this Regular Meeting, as necessary.
Council Member Glover made the motion to take no action. Council Member
Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
12. Adjourn.
Council Member Hopewell made the motion to adjourn at 7:43 pm. Council
Member Cook seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Willcison, City Secretary
Mike Crist, Mayor
01-22-13 CC Regular Meeting Minutes.doc 6 01-22-13
MINUTES OF
CITY OF ANNA
SPECIAL WORKSHOP CITY COUNCIL MEETING
FEBRUARY 2, 2013 9:00 A.M.
The City Council of the City of Anna met in Special Workshop Session on, Saturday,
February 2, 2013, at 9:00 a.m. at 111 N. Powell Pkwy. (Hwy 5), City Hall Administration
Bldg., Anna, Texas 75409 to consider the following items.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 9:00 am.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members Lauren Lovato, John Geren, Nathan
Bryan and Becky Glover were present. Council Members James T. Cook and
John Hopewell were absent.
Joe Gonzales with The Management Connection Inc., was present.
3. Strategic Planning Workshop: The following items/issues will be
discussed. No action will be taken on any item. Discussion at the meeting
may be restricted to City Council members and City staff.
1. Presentation and Discussion regarding the development of a multi-
year Strategic Plan for the City.
During December 2012 retreat, Council reviewed and reaffirmed the commitment
and Strategic Vision statements. Facilitator Joe Gonzales summarized the
strategic focus areas and the 5/10 year priorities. Council Members discussed
the different Strategic Focus Areas.
4. Adjourn.
Council Member Geren left 10:30 am. Council Member Glover made the motion
to adjourn at 10:38 am. Council Member Bryan seconded the motion. Motion
passes.
AYE 4 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
02-02-13 CC Special Workshop Minutes.doc 1 02-02-13
■:
Y{OUR} FIO�IETOW N
Council Meeting: February 12, 2013
Account Code #:_
Budgeted Amount:
Item No. 5 c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City James Parlcman
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Authorization to solicit bids for Phase I of the Surface Water Blending
Project.
SUMMARY: A number of years ago, the City of Anna helped fund the construction of a water
line from McKinney to Howe that will allow the City to supplement our current groundwater
supplies with surface from the North Texas Municipal Water District (NTMWD). Last year, the
Council approved a plan for the gradual blending of surface with our existing groundwater as
warranted by growth. With the growth that is now occurring it may be necessary this summer to
begin supplementing our groundwater with blended surface water.
Phase I of the blending project will allow us to blend surface water in the ground storage tanks
located at the corner of Fifth Street and Sherley Avenue behind Sherely Parlc. Phase I is
estimated to cost $80,000 and take approximately 30 days to complete. We hope to start the
future phases of this project later this summer and fall.
RECOMMENDATION: Staff recommends approval of this request.
!L�
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390
MEMORANDUM
To: Mr. Philip Sanders
City of Anna, Texas
101 N. Powell Parkway
Anna, TX 75409
From: Gary C. Hendricks, P.E.
Date: February 7, 2013
Texas Firm F526
Phone (214) 361-7900
Subject: Surface Water Implementation Projects —Phase L• South Well Surface Water Supply Line
Dear Mr. Sanders:
As we recently discussed, in order to expedite implementation of the GTUA surface water supply project and
help meet the goal of having surface water available for the City of Anna's use this summer, we have
recommended the Surface Water Implementation Project be divided into phases as follows:
Phase I: South Well Surface Water Supply Line (Wells 1 and 5)
Phase Il: North and West Well Surface Water Supply Line (Wells 2, 3 & 4)
Phase III: S. Grayson Well Surface Water Supply Line, Pump Station and GSR (Wells 7 and 8)
The Phase I project consist of approximately 3201inear feet of 8-inch water line connecting the existing
GTUA surface water line to the existing two ground storage reservoirs at the South Well pump station located
at the north east corner of E. 5`" Street and S. Sherely Ave., along with the a control valve, meter and SCADA
connections. Our opinion of probable construction cost for the Phase I project is in the range of $75,000 to
$805000
We recommend the Phase I project be implemented immediately as it requires no acquisition of land rights, no
TxDOT permits and no Dart RR permits. In the absence of these obstacles, the City can move ahead with
bidding and construction on this Phase I helping meet the goal of surface water supply available to the out
Well Pump Station by the peak demand this summer.
j:\clerical4anna\2012-145 surface w.+tar implementalionlsouth will wlUettersU:\project overview memo.docx
X{OUI3} IiOMETOWN
Council Meeting:
Account Code #
Amount:
February 12, 2013
AGENDA SUBJECT
AYSA.
Item No. 5 (d)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Cit�Mana�er
Exhibits: X Yes ❑ No
Approve Resolution regarding the 2013 Facilities Use Agreement with
SUMMARY: Attached is a Resolution authorizing the renewal of the Facilities Use Agreement
with the Anna Youth Sports Association for 2013. New in the 2013 Agreement is a requirement
for the AYSA to provide the City of copy of their annual financial report and notice of all
meetings of the AYSA Board of Directors and the Executive Board.
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
k RESOLUTION APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA
YOUTH SPORTS ASSOCIATION FOR 2013, 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 recognizes 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 12th day of February,
2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
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 Park baseball/softball fields, and the Slayter Creels Park baseball/softball fields (collectively, the
"Spring Ball Facilities") for the Association's 2013 Spring Baseball and Softball Regular Season. The
Spring Baseball and Softball Regular Season shall run from March 1 through July 31 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 the fields at Slayter Creek Park without prior approval from the City. Any request by
the Association for field usage after July 31 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 Creels 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.m. Monday
through Friday, and from 9*00 a.m. to 9:30 p.m. on Saturday and Sunday. 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 VI Vey Park baseball field, the Johnson Parlc 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 2013 Fall Soccer Regular Season. The Fall Soccer Regular Season shall run from August 1,
2013 through November 1, 2013 and shall consist of the fall regular season games with one post -season
tournament. Any request for field usage after November 1, 2013 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.
1
The City agrees to allow the Association to use and manage Lite concession buildings at Sherley Pai
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 30 or (if made on a quarterly basis) the first payment is
due on January 30 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.
IV.
The Association acknowledges that its use of the Spring Ball Facilities, Summer Ball 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 provide the City with the schedule of games
for each regular season at least two weeks prior to the start of each regular season. Except 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 the athletic fields at Slayter Creek Park without prior approval from the City.
V.
The non-exclusive use by the Association of the Parlc 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 Park 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.
VI.
The term of this Agreement shall be for one year from January 1, 2013 through December 31, 2013.
VII.
�a
Upon termination of this Agreement, the Association and the City may 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.
VIII.
The Association shall not assign this Agreement nor shall it sublease or rent out any property 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.
IX.
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 Cityapproval 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.
X.
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.
The Association shall submit to the City the names, addresses and phone numbers of all Association officers
and board members within two weeks after election or appointment. The Association shall furnish to the
3
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.
XII.
Within 60 days of the end of the calendar year, the Association shall submit to the City Manager the
Association's annual financial report for the prior year which shall include the revenue collected and
expenditures that occurred during the reporting period, and the reporting period ending balance of any bank
accounts operated by the Association. The Association shall provide written notice to the City of all
meetings of the Association's general membership, Board of Directors and Executive Board at least seventy-
two (72) hours prior to any such meeting. Said written notice shall be by e-mail to an address provided to
the Association President by the City Manager, and shall include the date, time, and location of the meetings,
and a copy of the meeting agenda (if any). Similarly, the Association shall provide written e-mail notice of
the cancelation of any meetings of Association's general membership, Board of Directors and Executive
Board at the same time notice of cancellation is provided to members of the Board of Directors or Executive
Board,
XIII.
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
Association shall establish a policy as to how 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.
XIV.
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
C!
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.
XV.
The Association agrees to stop play and all other operations on any part of the Park Facilities by ll :00 p.m.,
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.
XVI.
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. 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,
XVII.
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
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
5
XVIII,
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.
XIX.
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
Citv of Anna, Texas 75409
If to the Association:
This agreement is made and entered into on the day of
r
CITY OF ANNA:
City Manager
ANNA YOUTH SPORTS ASSOCIAITON:
Association President
0
EXHIBIT A
FACILITIES MAINTENANCE
1. The City shall maintain the turf area of all athletic fields.
2. The City shall maintain all back -stops, fences, and gates.
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 dumpsters.
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 marls all foul lines, boundary lines, and
other field markings required for game play.
12. Following any use by the Association of the athletic fields at Slayter Creek Park, the Association shall
ensure that the athletic fields (turf, infields, home plate, bases, base lines, pitcher's mound, etc.) are
returned to an acceptable condition for use by other organizations consistent with the City's policies for
athletic field maintenance. The Association shall not adjust or allow any adjustment of the athletic fields
at Slayter Creek Park that create bases or baselines inside a grass infield. The Association shall not make
or allow any other alterations or adjustments to the athletic fields at Slayter Creek Park that are
inconsistent with the use required by the Anna ISD for their UIL baseball and softball practices and
games.
13. The Association shall be responsible for maintaining all ParK Facilities areas and all adjacent grounds in
a litter4 ee 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.
14. The Association shall be responsible for cleaning the City owned restroom facilities adjacent to the Parlc
Facilities and shall provide all necessary supplies, during and immediately after its use of the Park
Facilities.
15. The Association shall not perform any maintenance to any turf area or make any modifications to the
Park Facilities without written permission from the City.
16. The Association shall be responsible for securing the Park 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.
17. 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.
18. 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.
ExIIIBIT s
FIELD INSPECTION AND CLOSURE
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.
Citv'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)
l . Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday.
2. Make a decision based upon field condition or weather at the time 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 malting 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 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 must 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.
• A11 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 -free condition dLu•ing 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.
X{OUR} iIOMETOW N
Council Meeting:
Account Code #
Amount:
February 12, 2013
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Regional
Wastewater Customer Service Contract with the North Texas Municipal Water District for
Customer Service with the City of Anna.
SUMMARY: Several years ago, the City recognized that its current wastewater treatment plant
would not have enough treatment capacity to accommodate the anticipated future growth. In
order to relieve pressure on the wastewater treatment plant, the cities of Anna and Melissa agreed
to construct a wastewater interceptor line that would transmit wastewater from the two cities into
the NTMWD upper trinity wastewater collection system. In 2009, wastewater from the
neighborhoods of Creekside, The Falls, and part of Oak Hollow was diverted into the NTMWD
collection system.
Our current authority to transfer wastewater in the NTMWD system is authorized in separate
agreements— one between NTMWD and the City of Melissa, and one between City of Anna and
the City of Melissa. The attached Wastewater Contract recognizes the City of Anna as a direct
wastewater customer of the NTMWD. We hope that this customer agreement is the first step in
obtaining full membership in the NTMWD Upper East Fork Regional Interceptor System.
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REGIONAL
WASTEWATER CUSTOMER SERVICE CONTRACT WITH THE NORTH TEXAS
MUNICIPAL WATER DISTRICT FOR CUSTOMER SERVICE WITH THE CITY OF
ANNA.
WHEREAS, the North Texas Municipal Water District (the "District") owns and operates
a Regional Wastewater Treatment System and an Upper East Fork Regional Interceptor
System (collectively, the "District's System") that can provide customer (non-member)
wastewater collection and treatment service in accordance with the two systems'
regional contracts and District Policy No. 22; and
WHEREAS, the District and the City of Melissa entered into a "Regional Wastewater
Customer Service Contract" effective February 26, 2009 (the "2009 Contract"), in which
the District agreed to operate and maintain a wastewater collection and treatment
system to provide wastewater service to the City of Melissa; and
WHEREAS, the 2009 Contract also authorized the City of Melissa to contract with the
City of Anna, Texas (the "City") so that the District could provide wastewater service
indirectly to the City; and
WHEREAS, the City now desires to become a direct customer of the District and to
enter into a separate contract with the District; and
WHEREAS, the City owns and operates its own wastewater treatment plant, the Slayter
Creek Wastewater Treatment Plant (the y WWTP"); and
WHEREAS, the City WWTP has insufficient capacity to treat all wastewater flows within
the City wastewater service area, and has requested that the District provide
wastewater collection and treatment service to all properties in the City's wastewater
service; and
WHEREAS, the City and the District have negotiated a Regional Wastewater Customer
Service Contract (the "Contract") to provide wastewater collection and treatment service
to all properties in the City's wastewater service; and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Contract is in the best interests 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
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2
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 approves the Regional Wastewater Customer Service Contract
with the North Texas Municipal Water District for Customer Service with the City of
Anna, attached hereto as Exhibit 1, and authorizes, ratifies and approves the City
Manager's execution of same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
Contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12tn
Jay of February, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2
NORTH TEXAS MUNICIPAL WATER DISTRICT
REGIONAL WASTEWATER CUSTOMER SERVICE CONTRACT
FOR CUSTOMER SERVICE WITH THE CITY OF ANNA
This North Texas Municipal Water District Regional Wastewater Customer Service
Contract (the "Contract") by and between North Texas Municipal Water District ("the District")
and the City of Anna (the "Customer") (individually, each a "Party," collectively, the "Parties")
is effective the day of , 2013 (the "Effective Date").
RECITALS
WHEREAS, the District owns and operates a Regional Wastewater Treatment System
and an Upper East Fork Regional Interceptor System (collectively, the "District's System") that
can provide customer (non-member) wastewater collection and treatment service in accordance
with the two systems' regional contracts and District Policy No. 22; and
WHEREAS, the District and the City of Melissa entered into a "Regional Wastewater
Customer Service Contract" effective February 26, 2009 (the "2009 Contract"), in which the
District agreed to operate and maintain a wastewater collection and treatment system to provide
wastewater service to the City of Melissa; and
WHEREAS, the 2009 Contract also authorized the City of Melissa to contract with the
Customer so that the District could provide wastewater service indirectly to the Customer; and
WHEREAS, the Customer now desires to become a direct customer of the District and
to enter into a separate contract with the District; and
WHEREAS, the Customer owns and operates its own wastewater treatment plant, the
Slayter Creek Wastewater Treatment all (the "Customer WWTP ); and
WHEREAS, the Customer WWTP has insufficient capacity to treat all wastewater flows
within the Customer's service area, that being the City of Anna's current city limits and
extraterritorial jurisdiction as of the Effective date, as more particularly described on Exhibit t�
attached hereto (the "Customer Service Area"); and
WHEREAS, the Customer has requested that the District provide wastewater collection
and treatment service to all properties in the Customer Service Area, that being the City of
Anna's current city limits and extraterritorial jurisdiction as of the Effective date, as more
particularly described on Exhibit A attached hereto (the "Customer Service Area"); and
WHEREAS, District agrees to provide wastewater service benefiting the Customer Service
Area at (i) a point of entry generally located east of the Dart Rail Line near Clemons Creek, and (ii)
a point of entry generally located between State Hwy. 75 and State Hwy. 5, (collectively, the
"Points of Entry"); and,
WHEREAS, The Customer agrees to provide wastewater meter facilities to meter flows
1
2269824.4
from the Customer Service Area at (i) a point generally located along I nrockmorton Creek at the
City's southern ETJ (Anna Meter No. 1), and (ii) a point generally located along Clemons Creek at
the City's southern ETJ (Anna Meter No. 2), (collectively, the "Anna Meter Sites"); and,
WHEREAS, the Customer supports the regional provision of wholesale wastewater
service and was a participant in the Greater Texoma Utility Authority -Regional Wastewater
Facility Concept Planning for the Upper East Fork Basin Study with the District, dated September
2010; and,
WHEREAS, the Customer shall maintain all facilities that the Customer has constructed
or will construct for the purpose of transferring wastewater from the Customer Service Area to
the Points of Entry.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of such is hereby acknowledged, District and Customer mutually agree to the following terms
and conditions in accordance with District Policy No. 22:
I. PURPOSE
District shall provide wastewater collection and treatment service ("Set•vice") from the
Points of Entry for wastewater generated from the Customer Service Area. Customer
shall construct —to the extent not already constructed —and shall maintain, at Customer's
sole cost, a system meeting all applicable state and federal regulations and laws
(collectively, "Law") necessary to transport and discharge Customer's wastewater into
the District's System at the Points of Entry. District shall then transport the wastewater
through District's System where District shall be responsible for treating the wastewater.
II. TERM
This Contract shall commence on the Effective Date and terminate upon the expiration of
twenty (20) years thereafter (the "Tes m").
III. OBLIGATIONS AND RIGHTS OF PARTIES
A. Customer shall:
1. Prior to commencement of any construction of wastewater collection system
facilities within the Customer Service Area that connect directly to the District's
System at the Points of Entry (collectively, the "Facilities") provide to District,
for District's approval, a complete set of plans and specifications (the "Plans")
prepared by a registered professional engineer licensed in the State of Texas
for the construction of said wastewater collection system facilities for the
Customer Service Area to the Points of Entry. District shall review the Plans and
shall submit to Customer in writing any changes required by District within
2
2269824.4
thirty (30) days of receipt of such Plans. Customer shall then resubmit revised
Plans for similar review by District as necessary. Customer must obtain prior
written approval of District for final Plans for the Facilities prior to
commencement of construction. Customer is also responsible for securing all
local, state and federal regulatory approvals necessary to authorize construction of
the Facilities.
2. The Customer shall pay all construction costs of the Facilities and shall maintain
the Facilities at its own cost. It shall be the sole responsibility of Customer to
provide any required power to the Facilities, including contracting for such
power. To the extent permitted by law, Customer hereby transfers to the District
all of its ownership interest in Anna Meter No. 1 and, when construction is
determined necessary by the Customer, Anna Meter No. 2, including but not
limited to the flow -indicating transmitter and the controls associated with the
transfer of wastewater to the Points of Entry.
3. Upon flow entering into the District's System, promptly pay all charges for
Service, which shall be calculated based on the Customer's actual wastewater
flow multiplied by the current budgeted unit cost per thousand gallons to the
District's member cities, plus twenty percent (20%) (the "Customer Charge").
The charges shall be paid by the City of Anna, and all retail billing and collection
shall be the responsibility of the City.
4. Promptly pay all bills for service within twenty (20) days of the
i n v o i c e d at e (the "Due Date"). If the bill has not been paid by the Due Date,
then Customer shall be considered delinquent and a ten percent (10%) late fee
will be added to the bill.
5. Be responsible for all operation and maintenance of the Facilities and all
costs associated therewith. After construction of any Facilities, District shall
test the associated meter and either accept or reject such meter in writing to
Customer. Upon acceptance of a meter, District shall be responsible for
maintenance of the meter and costs associated therewith.
6. Provide the District unrestricted access to the meter and controls on the meter
station site. The Customer shall maintain all-weather access to Anna Meter
Nos. 1 and 2, including but not limited to the flow -indicating transmitter, and
associated controls.
7. Be responsible for obtaining all permits and certificates required by Law
for construction and operation of the Facilities.
8. Continue to own and operate the Customer WWTP, and such Customer WWTP
shall continue to accept wastewater flow up to the treatment capacity authorized
in its Texas Pollutant Discharge Elimination System Permit No. WQ0011283001,
as may be amended from time to time. Customer shall not decommission the
Customer WWTP without the prior written approval of the District.
3
2269824.4
B. Customer and District shall be responsible for the proper operation of their
respective systems in accordance with State and Federal Standards and this
contract. Any impact that one system has on the other shall not relieve either party of
their responsibility for proper operation of their respective systems.
C. District shall:
1. Bi11 Customer for service on a monthly basis based on the Customer Charge,
as described in paragraph (A)(3) above.
2. Maintain the wastewater meters required herein in accordance with District's
standard maintenance practice for meters. Customer may verify the accuracy of
the meter by witnessing District's verification of calibrations. Should
disagreement arise regarding the accuracy of the meter, Customer may have an
outside meter company evaluate the meter accompanied by District personnel
once in any six (6) month period.
3. Operate the District's System in accordance with the North Texas Municipal
Water District Upper East Fork Wastewater Interceptor System contract dated
the 26t" day of July 1984, and the North Texas Municipal Water District Trinity
East Fork Regional Wastewater System Contract dated the 1 st day of October
1975.
IV. CONDITIONS PRECEDENT TO DISTRICT'S OBLIGATIONS
District's obligations to provide Service to Customer under this Contract are conditioned
upon the following:
1. The land area being served shall be only the Customer Service Area. No other
property may be served pursuant to the Contract.
2. Customer agrees that the wastewater from the City system discharged into
the District's System shall not exceed an average day flow of 1,950,000 gallons
per day or a maximum day flow of 5,850,000 gallons per day.
3. Customer shall not discharge wastewater into the District's System that
exceeds any of the following normal wastewater concentrations:
a. 275 milligrams per liter BOD (Biological Oxygen Demand);
b. 300 milligrams per liter TSS (Total Suspended Solids);
c. pH, not less than six (6) or greater than nine (9);
d. 0.1 milligrams per liter Hydrogen Sulfide.
4. The District member cities of the North Texas Municipal Water District Regional
Wastewater System shall have prior rights to the service of the District's System.
V. MISCELLANEOUS
2269824.4
A. Title to Wastewater. Title to all wastewater shall vest in Customer until discharged
at the Points of Entry into District's System, at which point title to such
wastewater shall pass to the District. District reserves the right of re -use of
wastewater treated effluent to the extent authorized by the State of Texas.
B. INDEMNIFICATION. THE DISTRICT AND CUSTOMER SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER PARTY AND
ITS OFFICERS, AGENTS, CONTRACTORS, AND EMPLOYEES (THE
"INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL RISKS,
LIABILITIES, LIENS, DEMANDS, SUITS, ACTIONS, LOSSES, EXPENSES,
DAMAGES, COSTS (INCLUDING, BUT NOT LIMITED TO ATTORNEYS'
FEES, ACCOUNTANTS' FEES, ENGINEERS' FEES, CONSULTANTS' FEES
AND EXPERTS' FEES), AND CLAIMS BECAUSE OF INJURY TO
PERSONS(1NCLUDING DEATH) AND/OR INJURY OR DAMAGE TO OR
LOSS OF ANY PROPERTY OR IMPROVEMENTS TO THE EXTENT ARISING
FROM OR CAUSED BY THE ACTS AND/OR OMISSIONS OF THE OTHER
PARTY OR SUCH PARTY'S OFFICERS, AGENTS, CONTRACTORS, OR
EMPLOYEES IN THE EXECUTION OF, PERFORMANCE UNDER, OR
ATTEMPTED PERFORMANCE UNDER THE CONTRACT.
C. Entire Agreement• Amendments; Captions and Future Agreements. This Contract
contains the entire agreement between the parties respecting the matters herein set
forth and supersedes all prior or contemporaneous agreements or understandings,
verbal or written, between the parties hereto respecting such matters. This Contract
may be amended by written agreement of amendment executed by both parties
thereto, but not otherwise. Section headings shall not be used in construing this
Contract. This Contract shall not be considered a limitation on the District entering
into additional wastewater service agreements with other third parties, and Customer
acknowledges the District's ability to enter into additional agreements, as well as the
fact that future agreements shall not be considered subordinate to this Contract.
D. Incorporation of Exhibits and Preamble Recitals. The recitals contained in the
preamble hereof and the exhibits hereto are hereby found to be true, and such recitals
are hereby made a part of this Contract for all purposes.
E. Counterparts. This Contract may be executed in several counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same
document.
F. Severability. If any provision of this Contract shall, to any extent, be determined by
a court of competent jurisdiction to be invalid or unenforceable, the remainder of this
Contract shall not be affected thereby, and every other term and provision of this
Contract shall be valid and enforceable to the fullest extent permitted by law.
G. Force Maieure. In the event that any Party is rendered unable, wholly or in part, to
perform any of its obligations under this Contract (by reason of act of God, failure or
national moratorium of operation of the banks, transfer agents, brokers, stock
exchanges or modes of transportation; or work stoppages or restraint by court order
5
2269824.4
or other public authority; or action or inaction concerning governmental or
regulatory authorizations; or transportation delay; or death or personal injury of a
representative of a Party whose signature is necessary), upon the provision of written
notice which fully relates the particulars of the claimed force majeure, including but
not limited to the dates on which it commenced and ceased or is expected to cease by
the Party claiming force majeure to the other Party as soon as is reasonably
practicable after the occurrence of the cause relied upon, the obligations of the Party
claiming force majeure, to the extent they are affected by the force majeure, shall be
suspended during the continuance of any inability of performance so caused. This
Contract shall not be terminated by reason of any such cause but shall remain in full
force and effect. Any Party rendered unable to fulfill any of its obligations under
this Contract by reason of force majeure shall exercise the utmost diligence to
remove such inability. The suspension of obligations of a Party to this Contract
pursuant to this Section shall be added to the time specified in other provisions of
this Contract for the purpose of calculating the date on which certain conditions of
this Contract are to be satisfied.
H. Cooperation. Each Party hereby agrees that it will take all actions necessary to frilly
carry out the purposes and intent of this Contract.
I. Addresses and Notice. All notices hereunder from Customer to District will be
sufficient if sent by certified mail with confirmation of delivery, addressed to
Executive Director/General Manager, North Texas Municipal Water District, 505 E.
Brown St., Wylie, Texas 75098. All notices from District to Customer will be
sufficiently given if sent by certified mail with confirmation of delivery to City
Manager, City of Anna, P.O. Box 776 Anna, Texas 75409. All notices will be
deemed to have been given on the date of mailing or sending of such notice. Any
Party may change its address upon five days' written notice to the other Parties.
J. Assig_nability. This Contract may be assigned by either Party only with the prior
written consent of the other Party, which consent shall not be unreasonably withheld
or delayed. Either Party may require any proposed assignee to execute a document
evidencing the responsibility of assumption by the assignee of the obligations
assigned under this Contract.
K. -Mn Third Party Beneficiaries. This Contract shall inure only to the benefit of the
Parties hereto, and third persons not privy hereto shall not, in any form or manner, be
considered third -party beneficiaries of this Contract. Each party hereto shall be
solely responsible for the fulfillment of its customer contracts or commitments, and
District shall not be construed to be responsible for Customer's contracts or
commitments by virtue of this Contract or any provision contained herein.
L. No Joint Venture. The Parties agree and acknowledge that this Contract does not
create a joint venture, partnership, or joint enterprise, that each Party is not an agent
of the other entity, and that each Party is responsible for its own acts and omissions
in conjunction with performance of this Contract, and without waiving any rights or
defenses under Texas law.
0
2269824.4
(signatIres on follolwing pages)
ll
2269824.4
CUSTOMER:
CITY OF ANNA
By:
Name: Philip Sanders
Title: City Manager
Date:
Approved by:
By:
Name: Natha Wilkison
Title: City Secretary
Date:
2269824.4
DISTRICT:
NORTH TEXAS MUNICIPAL WATER DISTRICT
By:
Name: Charles MclCissiclr
Title: President, Board of Directors
Date.
Approved by:
By:
Name: Darivin Whiteside
Title: Secretary, Board of Directors
Date:
2269824.4
�r{au�� xa�ETowr�r
Council Meeting: February 12, 2013
Account Code # 5M31-6941
Amount: $280 000
Item No. 7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a contract
with WaterSplash for the purchase and construction of a splash pad.
SUMMARY: Last fall the City was awarded a grant from the Texas Department of Parks and
Wildlife to help fund the construction of Slayter Creek Park, Phase Il. Part of the project
includes the construction of a large water splash pad just east of the existing playground. Staff
spent several months evaluating splash pads and splash pads contractors in order to identify a
vendor that has a proven record of constructing the type of facility contemplated in the City of
Anna. Based on our evaluation, Staff is recommending that the city contract with WaterSplash
for the splash pad construction.
WaterSplash is a leading manufacturer of innovative aquatic playground products in North
America. Founded by a team of engineers with the aim of bringing cutting -edge innovation and
the highest possible safety standards to the industry, the company has rapidly expanded and has
set standards in virtually every area of the industry. On November 26, the Parks Advisory Board
reviewed the proposal and design presented by WaterSplash and voted to recommend that the
Council approve the WaterSplash proposal. WaterSplash will construct and install the proposed
5,500 square foot splash pad for $280,000.
The City's Financial Policy requires that all purchases above $50,000 be purchased under formal
competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code
under Chapters 252 and 271. Chapter 271 Subchapter F of the Texas Local Government Code
permits a local government to participate in a cooperative purchase program with another local
government or a local cooperative organization. Goods or services purchased through a
cooperative purchasing program satisfy the State law requirement to seek competitive bids.
The WaterSplash splash pad that will be installed at Slayter Creek Park to can be purchased by
the City through the Texas Local Government Purchasing Cooperative (commonly referred to as
the "BuyBoard"). The TLGP Cooperative is an administrative agency created in accordance
with Section 791.001 of the Texas Government Code. Its purpose is to obtain the benefits and
efficiencies that can accrue to members of a cooperative, to comply with state bidding
requirements, and to identify qualified vendors of commodities, goods, and services. The
Cooperative also relieves the burdens of governmental purchasing by effectively using current
technology and realizing economies of scale. The Cooperative analyzes and makes award
recommendations for products and services that have been submitted for competitive
procurement as outlined by state statute.
Item No. 7
City Secretary's use only
RECOMMENDATION: Staff recommends approval of the attached Resolution that authorizes
the purchase of the WaterSplash splash pad through the Texas Local Government Purchasing
Cooperative.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR
THE PURCHASE AND INSTALLATION OF A SPLASH PAD AT SLAYTER CREEK
PARK
WHEREAS, last fall the City of Anna, Texas (the "City") was awarded a grant from the
Texas Department of Parks and Wildlife to help fund the construction of Slayter Creek
Park, Phase II; and
WHEREAS, part of the Slayter Creek Park, Phase II project includes the construction of
a splash pad east of the existing playground; and,
WHEREAS, Staff spent several months evaluating splash pads and splash pads
contractors in order to identify a vendor that has a proven record of constructing the
type of facility contemplated in Slayter Creek Park; and,
WHEREAS, based on its evaluation, Staff is recommending that the city contract with
Water Splash Inc. for the splash pad construction; and,
WHEREAS, Water Splash Inc.is a leading manufacturer of innovative aquatic
playground products in North America; and,
WHEREAS, on November 26, 2012 the Parks Advisory Board reviewed the proposal
and design presented by Water Splash Inc. and voted to recommend that the Council
approve the Water Splash Inc. proposal; and,
WHEREAS, Water Splash Inc. will construct and install the proposed splash pad for
$280,000 through the Texas Local Government Purchasing Cooperative (commonly
referred to as the "BuyBoard"; and,
WHEREAS, the City's financial policy requires that all purchases above $50,000 be
purchased under formal competitive sealed bidding rules or as otherwise permitted by
the Texas Local Government Code under Chapters 252 and 271; and
WHEREAS, Chapter 271 Subchapter F of the Texas Local Government Code permits a
local government to participate in a cooperative purchase program with another local
government or a local cooperative organization;
WHEREAS, goods or services purchased through a cooperative purchasing program
satisfy the State law requirement to seek competitive bids; and,
WHEREAS, The Texas Local Government Purchasing Cooperative is an administrative
agency created in accordance with Section 791.001 of the Texas Government Code,
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2
whose purpose is to obtain the benefits and efficiencies that can accrue to members of
a cooperative, to comply with state bidding requirements, and to identify qualified
vendors of commodities, goods, and services;
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 Splash Pad Purchase and Installation Contract
The City Council hereby authorizes the City Manager to execute on its behalf a Contract
with Water Splash Inc. (the "Contract"), attached hereto as Exhibit 1, for the purchase
and installation of a splash pad at Slayter Creek Park, and authorizes, ratifies and
approves the City Manager's execution of same. The City Manager is hereby authorized
to execute all documents and to take all other actions necessary to finalize, act under,
and enforce the Contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12t"
Jay of February, 2013.
APPROVED:
Mike Crist, Mayor
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2
Item No. 8
City Secretary's use only
wn
City of Anna
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS
Council Meeting: Februai;y 12, 2013 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution
approving the CDC to purchase a second canopy for Slayter Creek Park.
SUMMARY: Staff has been working with a Buyboard Vender, We Build Fun, to create
shade for the playground and surrounding area at Slayter Creek Park. Staff is requesting
that the existing triangle canopy be taken down and the poles be reused to create a second
4 point canopy to cover the west side of the playground and surrounding area. This
second shade will complement the large canopy that is currently being installed over the
playground.
The vender We Build Fun has stated that they will waive the charge for installation if
they can install the new large canopy over the playground and the second canopy on the
west side at the same time.
STAFF RECOMMENDATION: Staff recommends you adopt the resolution in support
oI the incentive agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AUTHORIZING AND APPROVING AN EXPENDITURE OF FUNDS FOR A
SECOND CANOPY TO COVER PORTIONS OF THE PLAYGROUND AND
SURROUNDING AREA AT SLAYTER CREEK PARK
WHEREAS, the City of Anna City Council intends to work with the Anna Community
Development Corporation (the "CDC") to erect a second canopy to cover portions of the
playground and surrounding area at Slayter Creek Park; and
WHEREAS, the City of Anna City Council has found and determined that the
expenditure is in the best interest of the CDC and will enhance the recreational and
community facilities of the City and will be for the benefit of the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL,
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 for Expenditure
The City of Anna City Council hereby authorizes the expenditures of funds for the
canopy at Slayter Creek Park, in the amount of _$4250
PASSED AND APPROVED by the City Council of the City of Anna this day of
2013.
Mayor, Mike Crist
ATTEST:
City Secretary, Natha Wilkison
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
CITY OF ANNA, TEXAS
Council Meeting: February 12, 2013
Account Code #: n/a
Budgeted Amount, n/a
Item No. 9
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 adopting a resolution approving an
Economic Development Incentive Agreement between the Anna EDC and Nimbix.
SUMMARY: The Anna EDC was introduced to Nimbix in the summer of 2011 through
a contact at Tech Wildcatters. Nimbix was looking for a place to open an office and after
hearing positive comments from staff at Tech Wildcatters and Image Vision contacted the
city. City staff has been working with Nimbix for the last year and half to identify their
needs and see if locating in Anna was the best fit for their business.
The total amount of the grant to be paid by the EDC is $127,600. The grant proceeds
must be used by the Company for costs that are necessary and incident to financing and
placing Nimbix into operation in Anna. The amount of $100,000 will be paid to the
Company upon relocation to Anna to be used for the creation and retention of jobs.
Nimbix has agreed to create and retain 6 primary jobs within 36 months at a minimum
pay of $70,000. The remaining grant proceeds, in the amount of $27,600 will be paid to
the Company in 12 consecutive monthly payments each totaling $2,300. Said monthly
$2,300 payments shall be used by the Company during its first year of operations for all
or a portion of its lease and maintenance costs for the Facility.
According to the terms of the agreement Nimbix will remain in Anna for 10 years. The
failure of Nimbix to meet the terms of the agreement, would obligate them to repay full
or portions of the grant amount depending on when the failure occurs.
STAFF RECOMMENDATION: Staff recommends you adopt the resolution in support
of the incentive agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT BETWEEN THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AND NIMBIX, INC. FOR INCENTIVE GRANT FUNDS CONDITIONED ON
PERFORMANCE CRITERIA
WHEREAS, The City Council of the City of Anna supports the Anna Economic
Development Corporation's ("EDC") desire to offer Nimbix, Inc. an economic
development incentive grant conditioned on performance criteria, including but not
limited to the creation of new jobs within the City's corporate boundaries; and
WHEREAS, The City Council of the City of Anna approves the amount of the EDC
incentive grant and the terms of the performance criteria as described in Exhibit A, as
well as the economic development project described therein;
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
enter into the Economic Development Incentive Grant for Capital Investment
Performance Agreement with Nimbix, Inc. for grant funds in an amount up to $127,000
to be conditioned on performance criteria as described in Exhibit A.
PASSED by the City Council of the City of Anna, Texas, on this day of February,
2013.
ATTEST: APPROVED:
Natha Wilkison, City Secretary Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
�xhih�ff{
ECONOAAIC DEVELOPMENT MICENTIVE GRANT FOR CAPITAL INVESTMENT
PERFORMANCE AGREEMENT
This Economic Development Incentive Grantfor Capital Investment Performance
Agreement (this "Agreement") is, made.and entered into by and between the Anna
Economic Development Corporation and NIMBIX,'Inc. (the "Companyn).
WFTNESSETH:
WHEREAS, the Anna Economic Development Corporation is willing to provide grant
proceeds for the use of the Company, provided that the Company meets certain criteria
relating to Capital Investments, and the creation and retention of six New Jobs
consisting of Primary jobs as that term is defined in Texas Local Government Code
§501.002(12); and
WHEREAS, the Company is required to return all ar a portion of the grant proceeds .
received plus interest to the Anna Economic Development Corporation if the
performance criteria under this Agreement are not materially met by the Company; and
WHEREAS, the Anna Economic Development Corporation and the Company desire to
set forth their understanding and agreement as to the payout of the grant proceeds,
obligations of the Company regarding Capital Investment, New Job creation and
maintenance, and the repayment by the Company of all or part of the grant under
certain circumstances;
NOW, THEREFORE, in consideration of the foregoing, the.mutual benefits, promises.
and undertakings of the parties to this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto covenant and agree as follows:
Section 1. Recitals Incorporated.
The above -stated recitals are incorporated into this Agreement as if set forth in full and
constitute material representations by the Company and Anna Economic Development
Corporation to induce the other party to enter into this Agreement.
Section 2. Definitions.
"Cap'Ita) Investment" means the Company's capital expenditure of at least $10,000 of
which approximately $5,000 will be invested in machinery and equipment, and
approximately $5,000 will be invested in the up -fit of the Facility(ies}.
"City" or "the City" means the City of Anna, Texas.
ECONOMIC DEVELOPMENT INCENi1VE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 1 OF 12 .
"Company Corporate Headquarters" means the physical location within the corporate
limits of the Ciiy and designated by the Company on all corporate documentation as the
Company Corporate Headquarters.
"Facility" or "Facilities" means the places) of business of the Company, including the
�� principal place of business {Company Corporate Headquarters) and any other business
locations, within the corporate limits of the City. .
"NIMBIX Project" means the subject of this Agreement, which is the Company's
provision of cloud -based high performance computing services, associated software
and software development, and associated intellectual property and marketing and
sales operations within the corporate limits of the City intended to result in the creation
of of least six New Jobs at the Facility(ies) and the Company's Obligation to Maintain
and other duties it must. perform under this Agreement.
"New Job" means a Primary job, as that term is defined in Texas Lora! Government
Code §501.002(12), and includes only jobs that are new, permanent, and full-time
employment positions filled by individuals for an indefinite duration at the Facility for
which the standard fringe benefits are paid by the Company for the employee, and for
which the Company pays a minimum wage of at least $70,000. Each New Job must
require a minimum of e'Ither: (1) 40 hours of an employee's time per week for the entire
normal year of the Company's operations, which "normal year" must consist of at least
52 weeks; or (2) 2,080 hours per year, subject to applicable federal or Texas state law
requiring the Company to grant an employee any Type of leave or other time away ftom
the job.
"Obligation to Maintain" means the Company's contractual responsibility under this
Agreement to: (1) maintain at the Facility(ies)--beginning on the Performance Date and
ending ten years after.the Start Date --the active and paid employment status of at feast
one individual in each of the six New Job positions required to be created.under this
Agreement, except that after any such individual's termination, resignation, or other
departure from active paid status, the Company .shall have a reasonable period of time
(but in no event longer than 60 business' days or a longer time.periad if necessary to
comply with the minimum requirements of the Family Medical Leave Act or other
applicable federal or Texas.state law governing mandatory employee leave or time
away from the jab) to fill the position with an active, paid employee.
"Performance Date" means the date that all six of the New Jobs required to be created
and Oiled under this Agreement have been created and filled and .the Capital Investment
has been made in full as described in this Agreement.
"Sales Tax" means safes tax collected by the Company on #he. taxable sate of any
product sold by the Company.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL. tNVE3TMENIT PERFORMANCE AGREEMENT
PAGE 2 OF 12
"Start Date" means the date upon which the Company establishes and begins to
operate its business at the Facility under a valid written Pease or purchase of property
within the corporate limits of the City.
"Targets" mean the Company's obligation to meet the following two criteria at the
Facility: {1) make the entire amount of the Capiial Investment; and (2) create and fill six
New Jobs.
"Work" means any and all of the. Company's efforts, pursuits, activities, and endeavors
performed or attempted and associated or in connection with or related to the NIMBIX
Project, including but not limited to all efforts, pursuits, activities, and endeavors
performed by its organizers, directors, officers, agents, employees, representatives,
contractors or any subcontractors.
Section 3. Disbursement of the Grant.
(a) The total amount of the grant to be paid by the Anna Economic Development
Corporation under this Agreement is $127,600. The grant proceeds must be
used by the Company for costs #hat are necessary and incident to financing and
placing the Nimbix. Project into operation and maintaining the same. The amount
of $100,000 will be paid to the Company within ten business days of the later of:
(1) the effective date of this Agreement; or (2) the Start Date. A portion of grant
proceeds, in the amount of $27,600 will be paid to the Company in 12
consecutive monthly payments each totaling $2,300, with each payment being
made on or within five business days after the.18t day of each month, the first
month for payment being the month that begins at least five business days after
the Start Date. Said monthly $2,300 payments shall be used by the Company
during its first year of operations- for all or a portion of its lease and maintenance
costs for the Facility.
(b) In addition to the cash grant, the Anna Economic Development Corporation must
either: (1) tease to the Company officeicommercial space to be used as its
Company Corporate Headquarters; or (2) make reasonable efforts to assist the
Company in finding mutually agreeable office/commercial space to be used as its
Company Corporate Headquarters. If the Anna Economic Development
Corparation chooses to lease officekommercial space to the Company, then the
parties must enter into a separate Lease Agreement, the terms of which shall be
substantively similar to the Lease attached hereto as Exhibit A. If the Anna
Economic Development Corporation chooses not to lease office%ommercial
space to the Company, then the Company must either purchase or lease its own
space
(c) � This Agreement is subject to the duly authorized approval of the Company, the
_ Anna Economic Development Corporation Board of Directors, and the City. of
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE.AGREEMENT
PAGE30F12
Anna City Council and absent said approvals this Agn3ement shall be null and
void notwithstanding any other provision or statement in this Agnremerlt. After
the fast of said approvals and the duly authorized approval of this Agreement by
the Company as evidenced by the properly notarized execution of this
Agreement by its President, this Agreement shall be in effect, and the Anna
Economic Development Corporation will implement the disbursement of the grant
proceeds to the Company in accordance with the schedule set forth in subsection
(a), above, in exchange far the Company's promises in this Agreement, which
include but are not limited to the promise to achieve the Targets at the Facility
before the expiration of the 36-month time period stated in Section 4(a) of this
Agreement and to thereafter abide by the Obligation to Maintain..
Section 4. Pertormance Date and Obligation to Maintain.
(a) Performance Date. The Company is responsible to ensure that the Performance
Date occurs —and the Targets that the Company must meet in connection with
said date are met —on or before the expiration of 36 months after the date the
Company receives the first disbursement of grant proceeds under this
Agreement.
(b) Oblioation to Maintain. The Company must fulfill its Obligation to Maintain for ten
years after the Start Date.
(c) Exception to Obligation to Maintain. Notwithstanding anything in this Agreement
to the contrary, the Company shall have the righ#, at its sole discretion, to
designate one or mare of its employees to be on °assignment" and assign such
employees to one or more locations, provided that the ,Company maintains at the
Facility(ies)—at all times during the period beginning on the Performance -Date
and ending on the ten-year anniversary of the Start Date--#tte active and paid
employment status of at least one individual assigned to work at the Facility(ies)
in each of the eight New Job positions required to be created under this
Agreement, except that after the termination, resignation, ar other departure from
.: active paid status of any employee filling a New Job required to be created under
this Agreement, the Company shall have a reasonable period of time (but in no
. event longer than 90 business days or a longer time period if necessary to
comply wish the minimum requirements of the Family Medical Leave Act or other
applicable federal or Texas state law governing mandatory employee leave or
time away from the job) to fill the position with an active, paid employee.
Section 5. R®payment Obligation and Oder Remedies.
(a) Determination of Impossibilit}r of Meeting Targets: If the Anna Economic
Development Corporation and the City determine, in their reasonable
discretion exercised in good faith, and find�by written resolution at any time
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORAAANCE AGREEMENT
. PAGE 4 OF 12
prior to the Performance Date (the "Determination Date") tha# it would be
impossible for the Company to meet.the Targets within the 38-month period
set forth in Section 4(a) of this Agreement and provided that the Anna
Economic Development Corporation and the City notifies the Company of
such determination in writing within ten business days of such
Determination Date --the Company must repay 100% of the grant. proceeds
(plus interest at the rate of 3% per annum or the highest rate allowed by
taw, whichever is cower, with interest accruing cumulatively on the total
amount of grant proceeds disbursed beginning on the Determination Daie).
(b) Repavrnent for Failure to Meet Tartlets. Regardless of whether the
Anna Economic Development Corporation and the City provides a
determination notice asset forth under subsection (a) above, the Company
must repay 100% of the grant proceeds (plus interest at the rate of 3% per
annum or the highest rate allowed by law, whichever is lower, with interest
accruing cumulatively on the total amount of grant proceeds disbursed
beginning on the expiration of 36 months after the date the Company
receives the first disbursement of grant proceeds under this Agreement) if it
fails to meet either of the Targets within .the 36-month period set forth in
Section.4(a) of this Agreement.
(c) Repayment after Performance Date. ff neither the Anna Economic
Development Corporation nor the City provides a determination notice and
the Company meets its Targets within the 36-month period set forth in
Section 4(a) of this Agreement, then�the Company shall only be obligated
to repay grant proceeds (plus interest at the rate of 6%per annum or the
highest rate allowed by law,.whichever is lower, with interest accruing
cumula#ively on the total amount of grant proceeds disbursed beginning on
' the .first date of the Company's failure to meet its Obligation to Maintain) if it
fails #o meet its Obligation to Maintain. If the Company fails to meet its
Obligation to Maintain, the amount to be repaid will be determined by the
date upon which the failure to meet the Obligation to Maintain first occurs,
according to the schedule set forth below and made a part of this
subsection.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGESOF12
First date of failure to meet
Percentage of total grant
Obligation to Maintain
proceeds to be repaid
Anytime after the Pertormance Date, but before the expiration of 3
years after the Performance Date
100% +interest
Anytime between the expiration of 3 years after the .Pertormance
Date, but before the expiration of 5 years, after the Start Date
75%
Anytime between the expiration of 5 years after the Start Date, but
before the expiration of eight years after the Start Date
50°/a
Anytime between the expiration of eight years after the Start Date,
but before the expiration of nine years after the Start Date
25%
Anytime between the expiration of nine years after the Start Date,
but before the expiration often years after the Start Date
15%
Upon the expiration of ten years after the Start Date and at all
No repayment obligation.
times thereafter
(d) Repayment Dates. Any required repayments shall be due from the Company to
the Arina Economic Development Corporation within ten business days of the
Determination Date, or within ten business days of the date that the Anna
Economic Development Corporation or the City provides written notice to the
Company of its failure to meet the Obligation to Maintain or its obligations with
respect to the Performance Date.
(e) Remedies. In the event chat the Company fails to timely repay the grant
proceeds or otherwise materially breaches this Agreement, Company agrees that
the Anna Economic Development Corporation or the City has the option to
initiate legal action to collect ail grant proceeds not yet repaid. if legal action is
initiated, Company agrees to pay all fees, cost and expenses incurred by the
Anna Economic Development Corporation or the City related to the collection of
the grant proceeds. The remedies stated in this Agreement are cumula#ive of and
do got limit any other remedies that the Anna Economic Development
Corporation or the City may have at law or in equity.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
ECONOMIC pEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 6 OF 12
Section 6. Company Reporting.
The Company shall provide, at the Company's expense, detailed verification reasonably
satisfactory to the Anna Economic Development Corporation of the Company's
progress on the Targets, .including but not limited to proof of its Capital Investment in
machinery and equipment and amounts invested in the up -fit of the Facility(ies) as
required under this Agreement, and, as applicable, the Company's Obligation to
Maintain. Such progress reports will be provided annually, starting at twelve months
from the date that the Company receives the first disbursement of grant proceeds, but
maybe required quarterly upon written request by the Anna Economic_ Development
Corporation or the City, and at such other times as the Anna Economic Development
Corporation or the City may require during the period of ten years from the Start Date.
Without limiting the scope or type of actions or inactions on the part of the Company
chat may result in a material breach of this Agreement, the Company's failure to comply
with this Section wil! be considered a material breach of this Agreement.
Section 7. Notices.
(a) Any notices required or permitted under this Agreement shall be given in writing,
and shall be deemed to be received upon receipt or refusal after mailing of the
same via United States certified mail, postage fuliypre-paid, return receipt.
requested or by overnight courier (refusal shall mean return or certifted mail. not
accepted by the addressee):
If to the Company, to:
NIMBIX, Inc.
Attention: Steve Hebert, President
2323 Bryan Street, Suite 1520, MS108
Dallas, TX 75201
If to the Anna Economic Development Corporation, to:
Anna Economic Development Corporation
Attention: Chief Administrative Officer
PO Box 776
Anna, Texas 75409
and with a copy to:
Clark McCoy
Woffe, Tidwell &McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORRAANCE AGREEMENT
PAGE 7 OF 12
(bj Either party may change its addresses for notice by.providing written notice of
same to the other party and to the City via the manner set forth in subsection (a),
above.
Section 8. Mlsaellaneous.
(a) Entire Agreement;. Amendments. This Agreement constitutes the entire
agreement between the parties hereto as to the subject matter contained herein
and may not be amended or modified, except �in writing. signed by each of the
parties. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns. Neither Party may
assign its rights and obligations under this Agreement without the prior written
consent of the other party which shall not be unreasonably withheld
(b) : GoverningLaw; Venue. This Agreement is made, and is intended to be
performed, in the corporate limits of the City and shall be construed and enforced
by local and state laws within the State of Texas. Jurisdiction, forum and venue
for any litigation arising out of; relating in any way to, or involving this Agreement
shall lie exclusively in a court in Collin County, Texas or, as applicable, in the
federal district court that is the proper venue for claims arising out of Collin
County, Texas.
(c) Countemarts. This Agreement may be executed in one or more counterparts,
each of which shall bean original, and all of which together shall be one and the
same instrument.
(d) Severabilfir. If any provision of this Agreement is determined to be
unenforceable, then the remaining provisions of this Agreement shall, in the
discretion of the Anna Economic Development Corporation, be voidable or
interpreted as in effect as if such unenforceable provision were not included
herein.
(e) Indemnification and Limitation of. Liability. It is expressly understood and agreed
that the Anna Economic Development Corporation has no right of control,
supervision, or direction over the. NIMBIX Project or the Work nor does the Anna
Economic Development Corporation have any control, supervision or direction of
. the means, methods, sequences, procedures, and techniques utilized to
undertake and complete the Work. There shall be no joint control of the NIMBIX
Project or the Work. THE COMPANY AGREES TO FULLY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE ANNA ECONOMIC DEVELOPMENT
CORPORATION AND 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
ECONOMIC gEVELOPMENT INCENTIVE GRAPtT FOR CAPITAI. INVESTMENT PERFORMANCE AGREEMENT'
PAGE 8 OF 12
THE NIMBIX PROJECT OR THE WORK, PROVIDED, HOWEVER, THAT THE
COMPANY SHALL NOT BE REQUIRED TO INDEMNIFY THE ANNA
ECONOMIC DEVELOPMENT CORPORATION OR THE CITY FOR ANY
DAMAGES OR OTHER AMOUNTS INCURRED BY THEM FOR WHICH THE
SOLE PROXIMATE CAUSE, IS THE NEGLIGENCE, GROSS NEGLIGENCE OR
INTENTIONAL CONDUCT OF THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THE CITY, OR THEIR EMPLOYEES, OFFICERS,
REPRESENTATIVES OR AGENTS. THE COMPANY'S DUTY TO INDEMNIFY
AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY
FEES AND EXPENSES INCURRED BY THE ANNA ECONOMIC
DEVELOPMENT CORPORATION OR THE CITY IN DEFENDING
THEMSELVES OR IN ENFORCING THIS AGREEMENT. THIS. PROVISION IS
NOT INTENDED TO AND DOES NOT WAIVE ANY OF THE ANNA ECONOMIC
DEVELOPMENT CORPORATION'S OR THE CITY'S GOVERNMENTAL
IMMUNITIES, INCLUDING IMMUNITY FROM SUIT AND LIABILITY. THIS
AGREEMENT IS NOT INTENDED TO BENEFIT ANY THIRD PARTIES.
{f) Assignment or Sale. The Company may assign, sell, transferor lease (including
through merger/acquisition transactions) all orany part of the NIBMIX Project,
the Company (via a safe of the Company's stock and/or assess, as applicable) of
this Agnaemenfito another person or en#sty without any prior approval of the Anna
Economic Development Corporation. in the event that the Company assigns, .
sells, transfers or leases all orany part of the NIMBIX Project or this Agreement
to a separate entity or person, the assignment must provide that the assignee
. shall assume all of the obligations of the Company. under this Agreement or the
portions) of those obligations, as applicable, that pertain to the part of the
NIMBIX Project or this Agreement that is assigned or sold. Notwithstanding the
foregoing, the Anna Economic Development Carporation shall have certain
reimbursement rights upon occurrence of a `Triggering Event" as described
below. A "Triggering Event" will be deemed to have occurred if any sale of the
Company's assets, stock or shares, or a merger or acquisition involving the
Company results in or causes:
(1) the dissolution or nonexistence of the Company;
(2) a merger of the Company into a separate company or an acquisition
wherein the Company becomes awhol�y-owned subsidiary of a separate
company or beoomes subject to the contcol of a separate company; or
The Company or its successor must provide written notice to the Anna Economic
Development Corporation within ten days of the occurrence of the Triggering
Event, including the �narne of such separate company, successor company,
controlling company, owning company,.or Controlling Shareholder, as the case
may be, any necessary change of address for notice under Section 7(b) this
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 8 OF 12
Agreement, and the address of the principal place of business of such
company(ies) or Controlling Shareholder, or, .if the Controlling Shareholder is an
individual, the residence address or business address of the Controlling
Shareholder. Upon the occurrence of � Triggering Event, the Anna Economic
Development Corporation shall have the right, at its option, to demand
repayment from the Company or the successor company of up to 100% of the
grant proceeds (plus interest at the rate of 6% per annum or the highest. ra#e
allowed by law, whichever is lower, with interest accruing cumulatively on the
total amount of grant proceeds disbursed beginning on the date of the Triggering
Event) paid to the. Company, in accordance with this paragraph: If such demand
is made, the amount to be repaid will be determined by the date upon which the
Triggering Event occurs, according to. the schedule set forth in this Agreement in
subsection 5(c) as though the words -"First date of failure to meet Obligation to
Maintain" were replaced with °Triggering Event." The Company or its successor
company shall have the obligation �to make such payment no later than �30 days
after having received notice of such demand as "received" is defined under
Section 7(a).of this Agreement. However, the Anna Economic Development
Corporation's right #o make such demand shall be automatically waived unless it
sends written notice of said demand to the Company or its successor within 30
days after the Anna Economic Development Corporation's actual receipt of
written notice from the Company or its successor company of the Triggering
Event. if the Anna Economic Development Corporation timely exercises the right
to demand repayment of the grant proceeds and the Company or its successor
timely makes said repayment, then the Parties shall be released from their
obligations and duties under this Agreement, and the Agreement shall become
null and void.
(g) .Sales Tax. It is agreed that, if the.Company should at any time collect sales tax
on the sale of any product, the Company will designate the Facility in the City as
. their point of sale and collect such sales tax at the Facility, per the terms of this
Agreement.
(h) Dissolution of Development Corporation. Should the Anna Economic
Development Corporation become dissolved at any time before the expiration of
ten years after the Start Date, this Agreement shall inure in all ways to the benefit
of the City, and the City shall be deemed to replace the Anna Economic
Development Corporation as the party who has contracted with the Company
under this Agreement.
(i) Undocumented Workers. In accordance with Chapter 2264 of the Texas
Government Code, the Company certifies that neither it, nor a branch, division, or
department of the Company, wilt ever knowingly.employ an undocumented
worker and that if, after receiving any grant proceeds under this Agreement, the
Company, or a branch, division, or department of the Company, is convicted of a
ECONOMIC DEVELOPMENT INCENTNE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 90 OF 12
violation under 8 U.S.C. §1324a(f), the Company shall repay the total amount of
all grant proceeds theretofore received under this Agreement with interest at 10%
per annum or the highest rate allowed by law, whichever is lower, not later than
the 12Qth day after the date the Anna Economic Development Corporation or the
City notifies the Company in writing of the violation.
IN WITNESS WHEREOF, the parties hereto have' executed this Agreement, which shall
be effective on the date that is described in Section.3(b) of this Agreement.
Anna Economic Development Corporation
By:
stance Ann Stump, its President
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ( day of , 2013,
personally appeared Constance Ann Stump known to me (or proved to me) to be he person
whose name is subscribed to the foregoing instrument and acknowledged to me -that she
executed the same in her capacity as President of the Anna Economic Development
Corporation and on behalf of the Anna Economic Development Corporation.
..
� , j �..�
No ry Public, S� to of Texas
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY)
� Natha J Wilkison
� t�iy Commission Expires
r 11I1312013
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 11 OF 12
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned, notary public, on the � day of brtca�- 2013,
personally appeared Steve Hebert known to me (or proved to me) to be the pe n whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the same in
his capacity as President of NIMBIX;,Inc. and on behalf of NIMBIX, Inc.
____
State of Texas
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 12 OF 12
CITY OF ANNA, TEXAS
Council Meeting: February 12, 2013
Account Code #:
Budgeted Amount:
AGENDA SUBJECT:
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clark McCoy
Exhibits: �C Yes ❑ No
Consider/Discuss/Action regarding an Ordinance authorizing the update/supplement to
the Anna City Code of Ordinances to include all current amendments to the Code. (Clark
McCoy)
SUMMARY:
The City's Code of Ordinances has been updated to reflect all amendments adopted by
the City Council through the present. The updates affect the following parts of the Code:
Patt I — Home -Rule Charter
Part II — General Ordinances
Part III — B Design Standards
Part III — C Zoning Ordinance
Part III — F Tree Preservation
Part IV — Schedule of Fees
The other parts of the Code (including the Subdivision Ordinance, Sign Regulations, and
Landscaping Regulations) will remain unchanged as they have not been amended since
the Code was last updated in December 2011.
In accordance with Part II, Article 1, Section 10 of the Code, the City Council is to
approve the "printing" of the Code into an updated foam. The adoption of this ordinance
would make the draft updates official and allow for posting on the City's website and
general replacement of the old version of the Code.
RECOMMENDED ACTION:
Approval of the proposed ordinance.
CITY OF ANNA, TEXAS
C�7771�I.\�[�3��[�
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
PREPARATION AND PRINTING OF A SUPPLEMENT TO THE ANNA CITY CODE
OF ORDINANCES INCLUDING ALL SUBSTANTIVE PERMANENT AND GENERAL
PARTS OF ORDINANCES PASSED BY THE CITY COUNCIL DURING THE PERIOD
COVERED BY THE SUPPLEMENT TO INCLUDE ALL CHANGES MADE THEREBY
TO THE CODE; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, in accordance with Part II, Article 1, Section 10 of the Anna City Code of
Ordinances ("Anna Code"), the City Council of the City of Anna, Texas ("City Council")
has determined that it would be advantageous and beneficial to the City and its citizens
to supplement certain parts of the Anna Code, to include all substantive permanent and
general parts of ordinances amending said Anna Code that have been passed by the
City Council during the period covered by the supplement; and
WHEREAS, the City Council finds that the following parts of the printed Anna Code are
current and not in need of supplementation at this time: Part III — A (Subdivision
Regulations); Part III — D (Sign Regulations); and Part III — E (Landscape Regulations);
and
WHEREAS, the City Council finds that the City's Home -Rule Charter was amended by
the voters on May 12, 2012 and said amendments should be supplemented into the
current version of the Code; and
WHEREAS, the City Council finds that it has, from time to time, adopted ordinances
amending the remaining parts of the Code and that such amendments should be
supplemented into the current printed version of the Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Authorization to Supplement Anna Code.
In accordance with Part II, Article 1, Section 10 of the Anna Code, a supplementation is
approved by the City Council and is authorized to be performed by the City Manager,
City Secretary, and City Attorney to the following parts of the Anna Code:
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2
Part I —Home-Rule Charter
Part II —General Ordinances
Part III — B Design Standards
Part III — C Zoning Ordinance
Part III — F Tree Preservation
Part IV —Schedule of Fees
Said supplement shall include all amendments, changes, supplementations, deletions
and any other modifications made by the City Council to said parts of the Anna Code, all
as currently amended. The City Council further hereby approves and ratifies all past
supplements to any part of the printed Anna Code.
Section 4. 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, sentence, clause, or phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 5. 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 12t" day of February, 2013.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2
��
Council Meeting: February 12, 2013
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Council
Date Prepared: 2-07-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance ordering
a May 11, 2013 General Election for three (3) City Council Members for three (3) year
terms and a joint election with Anna ISD and Collin County Community College. (City
Council)
SUMMARY: Three council member positions are up for election this May 11, 2013,
Places 2, 4, and 6. I have been approached by Anna ISD and Collin County Community
College District do have a joint election with them. If no one has to cancel their election
due to uncontested races our cost will be split three (3) ways. This ordinance calls for the
May 11, 2013 City of Anna General Election; provides for early voting schedule; and
allows me to contract with the Collin County Elections Administration to hold a joint
election.
RECOMMENDATION: Staff recommends a motion to approve the ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A MAY 11,
2013 JOINT GENERAL ELECTION WITH ANNA ISD; ORDERING MAY 11,
2013 JOINT GENERAL ELECTION WITH COLLIN COUNTY COMMUNITY
COLLEGE DISTRICT (COLLIN COLLEGE); ORDERING A MAY 11, 2013
GENERAL ELECTION TO ELECT (3)THREE CITY COUNCIL MEMBERS, ALL
FOR THREE-YEAR TERMS; PROVIDING FOR RUNOFF ELECTION;
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 City Council's ordering of: (1) a May 11, 2013 Joint General
Election with Anna ISD; (2) ordering a May 11, 2013 General Election with Collin
County Community District (Collin College); (3) ordering a May 11, 2013 General
Election to elect (3) City Council positions 2, 4 and 6, all for three-year terms;
and, Eligible voters include qualified voters residing within the corporate limits of
the City of Anna.
Section 2. On May 11, 2013, the polling place will be open from 7 a.m. to 7
p.m. The polling place on Election Day is:
Anna City Hall Annex
111 N. Powell Parkway
Anna, Texas 75409
Section 3. 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 29, 2013 8:00 a.m. to 5:00 p.m.
Tuesday April 30, 2013 8:00 a.m. to 5:00 p.m.
Wednesday May 1, 2013 8:00 a.m. to 5:00 p.m.
Thursday May 2, 2013 8:00 a.m. to 7:00 p.m.
Friday May 3, 2013 8:00 a.m. to 5:00 p.m.
Saturday May 4, 2013 8:00 a.m. to 5:00 p.m.
Monday May 6, 2013 7:00 a.m. to 7:00 p.m.
Tuesday May 7, 2013 7:00 a.m. to 7:00 p.m.
Section 4. Sharon Rowe is designated as the early voting clerk. Qualified
voters may mail applications for a voting mail -in ballot only from March 12, 2013
until the close of business on May 3, 2013. Requests for applications must be
mailed to:
Ord. -Item 11 - 2013 Ord. Calling Joint Election Page 1 of 2 02-12-2013
Sharon Rowe
Elections Administrator
2010 Redbud Blvd., Ste 102
McKinney, Texas 75069
Section 5. The City Secretary is ordered to do the following:
1. Coordinate with the Collin County Elections Department, Sharon
Rowe, Elections Administrator, to hold the May 11, 2013 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 6. 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.
PASSED, APPROVED, AND ADOPTED on first and final reading on February
12, 2013.
ATTEST:
Natha Wilkison, City Secretary
Mike Crist, Mayor
Ord. -Item 11 - 2013 Ord. Calling Joint Election Page 2 of 2 02-12-2013
..
�ecu„ x��s���,i
Council Meeting: February 7, 2013
Account Code #:
Budgeted Amount:
Item No.12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 2/7/13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action approving a resolution authorizing
solicitation for primary bank depository services from institutions physically located
outside the municipal boundaries of the City of Anna
SUMMARY: Chapter 105 of the Local Government Code sets forth requirements and
limitations regarding the solicitation of depository banking services. In order for the City
to receive solicitations from financial institutions located outside our municipal
boundaries, the council must authorize the inclusion of those financial institutions.
The current selection of banks with in the City is limited to Independent Banlc and Texas
Star Bank. Opening up the solicitation to financial institutions to those located within 7
miles from City Hall will allow 2 additional banks to respond.
The current conh•act with Independent Bank expires June lst
RECOMMENDATION: Staff recommends the Council approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY ANNA, TEXAS,
AUTHORIZING THE SOLICITATION FOR PRIMARY BANK DEPOSITORY
SERVICES FROM INSTITUTIONS THAT ARE PHYSICALLY LOCATED OUTSIDE OF
THE MUNICIPAL BOUNDARIES OF THE CITY.
WHEREAS, Chapter 105 of the focal Government Code requires the City to
competitively solicit financial institutions that reside within the City's municipal
boundaries to provide primary bank depository services; and
WHEREAS, Chapter 105 of the Local Government Code further allows the City
Council to authorize the inclusion of financial institutions the reside outside of the City's
municipal boundaries when it is deemed to be in the best interest of the City; and
WHEREAS, the number of financial institutions located within the municipal
boundaries of the City who can provide primary bank depository services is limited; and
WHEREAS, it is in the best interest of the City, in order to ensure a competitive
application process, to include financial institutions that reside outside of the City's
municipal boundaries.
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. Geographic Limitations
That the City Council hereby declares that financial residing within 7 miles from the City
of Anna, City Hall (111 N. Powell Parkway) are eligible to make application to provide
primary bank depository services to the City of Anna.
Section 3. Effective Date
This resolution shall become effective immediately upon its approval and passage.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd
day of January, 2013.
PAGE 1 OF 2
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
�t���.»a
CITY OF ANNA, TEXAS
Council Meeting: Februai;v 12, 2013
Account Code #:
Budgeted Amount:
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Jenlcs
Exhibits: 0 Yes ❑No
AGENDA SUBJECT: Discussion regarding the availability of JAG Grants and possible
projects.
SUMMARY: The Police Department was notified that there are funds available from the
Justice Department (JAG Grants) that includes funding for personnel. We wish to have a
discussion with the Council to determine their willingness to add sworn positions to the
Department.
STAFF RECOMMENDATION: This is a discussion item only
Rw
Council Meeting:_ February 12, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-7-13
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. 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); anticipated
litigation with John and Diane Simon and Amazing Solar Solutions,
Inc.; discussion regarding the GTUA Administrative Payment.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072; purchase of park land.
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 Meeting: February 12, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-7-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for February 12, 2013 City of Anna Special Meeting or any Closed Session
occurring during this Special Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Council Meeting: February 12 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 16
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-7-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.