HomeMy WebLinkAbout2013-02-26 Workshop & Regular Meeting PacketCITY COUNCIL MEETING
SIGN IN SHEET
DATE:02 � i3
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 Foam. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
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CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
February 26, 2013
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 26, 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. Discussion/Update FM 455 Project. (City Manager)
4. 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).
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.
5. Consider/Discuss/Action on any items listed on posted agenda for February
26, 2013 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
6. 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 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.
02-26-13 CC Regular Meeting Agenda.doc ] Posted 02-22-13
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 22, 2013.
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each ofthe 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 tinder 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.
02-26-13 CC Regular Meeting Agenda.doc 2 Posted 02-22-13
Y{OUR} FIOMETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
February 26, 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
26, 2013, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Cozmcil Meeting. Please sign the Sign -In -Sheet as a reco�°d of
attendance. If you ivish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
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.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of 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.
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 concen�ing 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.
02-26-13 CC Regular Meeting Agenda.doc 3 Posted 02-22-13
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by lain. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Special Minutes of February 12, 2013.
6. Consider/Discuss/Action regarding a Resolution approving a contract and
authorizing execution of same for Bid No. 12-01 PW, Water Meters. (James
Parkman)
7. Consider/Discuss/Action regarding an Ordinance approving a Solid Waste
Collection and Disposal Contract, and granting an exclusive Franchise for
solid waste collection and disposal services. (City Manager)
8. Consider/Discuss/Action regarding a Resolution approving a contract for
Franchise Fee Audit, Energy and Utility Audit, Telecommunications Audit,
and other Cost Reduction Projects. (Clayton Fulton)
9. Consider/Discuss/Action regarding an Ordinance approving the City's
Investment Policy. (Clayton Fulton)
10. Consider/Discuss/Action regarding a Resolution approving an Amendment to
the City of Melissa - City of Anna Wastewater Service Agreement. (City
Manager)
11. Consider/Discuss/Action regarding appointments to the Anna Economic
Development Corporation; Anna Community Development Corporation and
the Parks Advisory Board. (City Council)
12. CLOSED SESSION (EXCEPTIONS): UnderGov'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).
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.
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 wider 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.
02-26-13 CC Regular Meeting Agenda.doc 4 Posted 02-22-13
1I Consider/Discuss/Action on any items listed on posted agenda for February
26, 2013 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
14. 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 5000 p.m. February 22, 2013.
i l�Z� �ii%Gf�CGdl1�l
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.
02-26-13 CC Regular Meeting Agenda.doc 5 Posted 02-22-13
1
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Council Meeting: February 26, 2013
Item No. 3 W S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 2-21-13
Budgeted Amount: N/A Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Discussion/Update FM 455 Project,
RECOMMENDATION: Staff recommends a motion to adjourn.
Rw
Council Meeting: Februal;v 26, 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Ca11 to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-2113
Exhibits: ❑Yes ❑ No
Council Meeting: February 26I 2013
Account Code #: N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-21-13
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
❑ No
Y{OUA} IiOMETOWN
Council Meeting: February 26, 2013
Account Code #: N/A
Budgeted Amount:
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-21-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allola�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:
Y{OUR} f�OMETOWN
Council Meeting: February 26, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-21�13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
or salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder° about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
Council Meeting: February 26, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No..) a
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Philip Sanders
Date Prepared: 2-21-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
'housekeeping" items required by lams. 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 February 12, 2013.
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
February 125 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., 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.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, John
Geren and Becky Glover were present. Council Members John Hopewell and
Nathan Bryan were absent.
Council Member Cook made the motion to enter closed session at 6:30 pm.
Council Member Glover seconded the motion. Motion passes.
AYE 5
NAY 0
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.0
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.
Mayor Crist made the motion to return to open session at 7:08 pm. Council
Member Cook seconded the motion. Motion passes.
02-12-13 CC Regular Meeting Minutes.doc 1 02-12-13
AYE 5 NAY 0 ABSTAIN 0
4. Co1131der/DiSCU3s/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.
Council Member Geren made the motion to take no action. Mayor Crist seconded
the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
5. Adjourn.
Council Member Cook made the motion to adjourn at 7:09 pm. Council Member
Geren seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Willcison, City Secretary
02-12-13 CC Regular Meeting Minutes.doc 2
Mike Crist, Mayor
02-12-13
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
February 12, 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., February 12,
2013, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign4n4heet as a record of
attendance. If you 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 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Mike Crist gave the invocation.
3. Citizen comments. Citizens are allowed 3 minartes 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.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanl�s,
congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by
a member of the governing body or an official or employee of the
municipality., and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
Mayor Crist mentioned that Valentine's Day is Thursday. It was mentioned
that the City Offices would be closed on Monday, February 18t" for
President's Day.
02-12-13 CC Regular Meeting Minutes.doc 3 02-1243
5. Consent Items. These items consist of non -controversial or `-housekeeping"
items required by law. Items may be considered individually by any Council
member Working such request prior to a motion and vote on the Consent
Items.
a. Approve City Council Regular Minutes of January 229 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)
Council Member Geren made the motion to approve the consent items.
Council Member Glover seconded the motion. Motion passes.
AYE 5
NAY 0
6. Consider/Discuss/Action regarding a Resolution approving an agreement
with the North Texas Municipal Water District. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Mayor Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
7. Consider/Discuss/Action regarding a Resolution approving a contract
with Water Splash. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Glover made the motion to approve the updated
contract. Council Member Cook seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
8. Consider/Discuss/Action regarding a Resolution approving 4-
canopy for Slayter Creek Park. (Jessica Perkins)
Jessica Perkins, Assistant to the City Manager presented the item to council
and answered questions. Council Member Glover made the motion to
approve. Council Member Geren seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
02-12-13 CC Regular Meeting Mimrtes.doc 4 02-12-13
9. Consider/Discuss/Action regarding a Resolution approving an Economic
Development Incentive Agreement between Anna Economic Development
Corporation and Nimbix, Inc. (Jessica Perkins)
Jessica Perkins, Assistant to the City Manager presented the item to council
and answered questions. Council Member Glover made the motion to
approve. Mayor Crist seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
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)
City Attorney, Clark McCoy presented the item to council and answered
questions. Council Member Cook made the motion to approve. Mayor Crist
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
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)
Mayor Crist presented the item to council and staff answered questions.
Council Member Glover made the motion to approve. Mayor Crist seconded
the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
12. 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, Texas. (Clayton
Fulton)
Clayton Fulton, Director of Finance presented the item to council and
answered questions. Council Member Cook made the motion to approve.
Mayor Crist seconded the motion. Motion passes.
I�I
NAY 0
ABSTAIN 0
13. Discussion regarding the availability of JAG Grants and possible
projects. (Chief Jenlcs)
Chief Jenks presented the item to council and answered questions.
02-12-13 CC Regular Meeting Minutes.doc 5 02-12-13
Council did not enter closed session at this time.
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.
Council Member Glover made the motion to take no action. Mayor Crist
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
16. Adjourn.
Council Member Cook made the motion to adjourn at 7:58 pm. Council
Member Geren seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
02-12-13 CC Regular Meeting Mirudes.doc 6 02-12-13
Y{OUR} HO%IETOW lV
Council Meeting: Februarys 26, 2013
Account Code #: 60-701-6336
Budgeted Amount: $258 165.00
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a contract
and authorizing execution of same for Bid No. 13-01 PW, Water Meters.
SUMMARY: The FY 2013 Budget includes funding to purchase auto -read water meters as part
of our meter replacement program. Staff has recently solicited bids for the purchase of these
meters. Sealed bids were opened at 2000 p.m. on Thursday, February 14, 2013 Texas Meter &
Sewer Co. submitted the lowest bid of $172.11 per meter. Staff expects to purchase 1500 meters
under this procurement.
RECOMMENDATION: Staff recommends that the Council approve the attached Resolution
approving a contract with Texas Meter & Sewer for Bid No. 13-01 PW, Water Meters,
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND
AUTHORIZING EXECUTION OF SAME FOR BID NO. 13-01 PW, WATER METERS.
WHEREAS, in accordance with State Law, the City of Anna, Texas (the "City") has
solicited a Request for Sealed Bids for Bid No. 13-01 PW, Water Meters; and
WHEREAS, sealed bids were opened in accordance with State Law on Thursday,
February 14, 2013 at 2:00 p.m.; and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") may award
a contract to the lowest qualified bidder; and
WHEREAS, the apparent low bid was submitted by Texas Meter &Sewer Co.;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Contract
The City Council hereby authorizes the City Manager to execute on its behalf, a contract
with Texas Meter & Sewer Co. for the purchase of water meters described in Bid No.
13-01 PW, Water Meters.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26tn
day of February 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
xcaux� xorRErowN
Council Meeting: February 26, 2013a
Account Code #
Amount:
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 an Ordinance approving a Solid
Waste Collection and Disposal Contract, and granting an exclusive Franchise for solid waste
collection and disposal services. (City Manager).
SUMMARY: In 2008 the City Council approved a residential solid waste collection and
disposal contract with Bradshaw and Son. In 2010, the City Council approved a commercial and
industrial solid waste collection and disposal contract with Bradshaw and Son. Both of those
contracts expire on August 31" this year and contain an option to renew the services for an
additional five year period. The attached Solid Waste Collection and Disposal Contract
combines the residential, commercial, and industrial solid waste services into a single contract
with Bradshaw and Son for a five year term with a new five-year renewal option.
RECOMMENDATION: Staff recommends approval of the attached Ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS APPROVING A SOLID WASTE
COLLECTION AND DISPOSAL CONTRACT AND GRANTING AN EXCLUSIVE
FRANCHISE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES.
WHEREAS, on August 18, 2008, the City Council of the City of Anna, Texas (the "City
Council") entered into a residential Solid Waste Collection Contract with Bradshaw and
Son (the "Residential Contract"); and
WHEREAS, on June 2, 2010, the City Council entered into a Commercial and Industrial
Solid Waste Collection Contract with Bradshaw and Son (the "Commercial Contract");
and
WHEREAS, both the Residential Contract and the Commercial Contract expire on
August 31, 2013; and
WHEREAS, both the Residential Contract and the Commercial Contract include an
option for the City of Anna (the "City") to renew the contracts for an additional five years;
and
WHEREAS, the City Council desires to approve a new contract with Bradshaw and Son
that combines the residential, commercial, and industrial solid waste collection and
disposal services into a single solid waste collection and disposal contract;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Contract
The City Council hereby approves the Solid Waste Collection and Disposal Contract
(the "Contract"), 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.
Section 3. Franchise Granted
The City Council hereby grants an exclusive Franchise to Bradshaw and Son to provide
the solid waste collection and disposal services described in the Contract, within the
CITY OF ANNA, TEXAS ORDINANCE NO._ PAGE 1 OF 2
City of Anna city limits for the duration of the Contract, unless terminated sooner
thereunder.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26tn
day of February, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS ORDINANCE NO._ PAGE 2 OF 2
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
THIS SOLID WASTE COLLECTION AND DISPOSAL CONTRACT (this "Contract") for collection
and disposal is made and entered into this day of , 2013, by and
between the CITY OF ANNA, TEXAS, a home -rule municipality (the "City"), and JOE W.
BRADSHAW, an individual, doing business as "Bradshaw & Son Trash Service" (the
"Contractor").
1.00. DEFINITIONS
1.01 Apartment Complex: A multi -family residential development with more than four
residential living units.
1.02 Bulky Waste: As relates to collection of Waste from Residential and Commercial Hand
Collect Units only, items such as stoves, water tanks, appliances/white goods, furniture,
Construction Debris and other Waste in weights or volumes greater than those allowed
for Polycarts, but not including Dead Animals, Unacceptable Waste, or Stable Matter.
1.03 Bundle: Tree, shrub and brush trimmings or newspapers and magazines securely tied
together forming an easily handled package not exceeding four feet in length, and 50 lbs.
in weight. No tree trunks or limbs in excess of six inches in diameter.
1.04 Cam: The City of Anna, Texas
1.05 Commercial Hand Collect Unit: A retail or light commercial type of business, which
generates no more than one cubic yard of Refuse per week.
1.06 Commercial Hand Collect Customer: An occupant or owner of a Commercial Hand
Collect Unit located within the Contract Area.
1.07 Commercial or Industrial Unit: Any Apartment Complex and all commercial and/or
industrial businesses and establishments, including, but not limited to, stores, offices,
restaurants, warehouses, and manufacturing facilities, premises, locations or entities,
public or private, within the corporate limits of the City and not a Residential Unit or
Commercial Hand Collect Unit.
1.08 Commercial or Industrial Customer: An occupant or owner of a Commercial or Industrial
Unit located within the Contract Area.
1.09 Commoditv: Material that can be sold in a spot or future market for processing and use or
reuse.
1.10 Commodity Buyer: A buyer or processor selected by Contractor —pursuant to the terms
of this Contract —of Recyclable Materials delivered by Contractor.
1.11 Complaint: A communication from a Customer concerning service, which upon
investigation by Contractor or the City, is determined to be correct and shall prompt some
action by Contractor or the City as determined under this Contract.
1.12 Construction Debris: Waste building materials resulting from construction, remodeling,
repair, or demolition operations.
1.13 Contract Documents: This Contract and the Performance Bond.
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1.14 Contract Area: The area within the corporate boundaries of the City at any given time
during the term of this Contract.
1.15 Customer: An occupant or owner of a Residential Unit, Commercial Hand Collect Unit, or
Commercial or Industrial Unit located within the Contract Area.
1.16 Disposal site: See Landfill (Sanitary).
1.17 Dumpster: Metal receptacle designed to be lifted and emptied mechanically for use only
at Commercial or Industrial Units.
1.18 Employee: Any full-time or part-time employee of Contractor.
1.19 Garbage: Any and all dead animals of less than 10 lbs. in weight, except those
slaughtered for human consumption; every accumulation of waste (animal, vegetable
and/or other matter that results from the preparation, processing, consumption, dealing
in, handling, packing, canning, storage, transportation, decay or decomposition of meats,
fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by
way of limitation, used tin cans and other food containers; and all putrescible or easily
decomposable waste animal or vegetable matter which is likely to attract flies or rodents);
except (in all cases) any matter included in the definition of Construction Debris, Dead
Animals, Hazardous Waste, Rubbish or Stable Matter.
1.20 Hazardous Waste: Solid Wastes regulated as hazardous under the Resource
Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., as amended, or
regulated as toxic under the Toxic Substances Control Act or, 15 U.S.C.A, Section 2601
et seq., as amended, regulations promulgated hereunder or applicable state law or City
ordinances concerning the regulation of hazardous or toxic wastes.
1.21 Landfill (Sanitary): A lawfully permitted sanitary Landfill of the Contractor's selection.
1.22 Polycart (when used alone): Trash and Recyclables Polycarts, collectively.
1.23 Recyclable Materials: Commodities collected by Contractor pursuant to this Contract,
which can be sold in a spot or future market for processing and use or reuse including,
but not limited to, newsprint, magazines, plastic (PET and HDPE) bottles, glass
containers, aluminum cans and metal (tin) cans. Items may be added or deleted with
mutual consent of Contractor and City.
1.24 Recyclables Polycart: Arubber-wheeled receptacle with a maximum capacity of 65
gallons constructed of plastic, metal and/or fiberglass, designed for automated or automated Solid Solid Waste/Recyclable Materials collection systems, and having a tight -fitting
lid capable of preventing entrance into the container by small animals. The weight of
such Recyclables Polycart and its contents shall not exceed 175 lbs. Polycarts will be
provided to each Commercial or Industrial Unit, with ownership retained by Contractor.
1.25 Refuse: Garbage, Rubbish, Solid Waste, Construction Debris and Stable Matter
generated by a Customer at a Residential Unit, a Commercial Hand Collect Unit, or a
Commercial or Industrial Unit, other than Unacceptable Waste, or other materials
prohibited from collection or disposal under this Contract by federal or state laws or
regulations.
1.26 Residential Unit: A single family residential dwelling or multi -family development
consisting of up to four residential dwelling units, but not including an Apartment
Complex. Each mobile or manufactured home located in a mobile or manufactured
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home park, and each residential dwelling unit in a multi -family development other than an
Apartment Complex, shall be treated as a separate Residential Unit. A Residential Unit
shall be deemed occupied when either water or domestic light and power services are
being supplied to the dwelling or dwelling unit.
1.27 Residential Customer: An occupant or owner of a Residential Unit located within the
Contract Area.
1.28 Roll -off Bin: Containers provided to Customers by Contractor measuring 20 cubic yards,
30 cubic yards, or 40 cubic yards —intended for high -volume Refuse generating
Customers —capable of pickup and transport to Landfill by loading of container onto rear
of transporting vehicle.
1.29 Rubbish: All Waste, wood, wood products, yard trimmings, tree trimmings, grass
cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings,
sawdust, excelsior, printed matter, paper, pasteboard, rags, cartons, straw, rubber,
plastics, used and discarded furniture, used and discarded clothing, used and discarded
shoes and boots, combustible Waste pulp and other products such as are used for
packaging or wrapping, tin cans, aluminum cans, crockery and glass, ashes, cinders,
floor sweeping, glass mineral or metallic substances, and any and all other Waste
materials not included in the definition of Bulky Waste, Construction Debris, Garbage,
Unacceptable Waste or Stable Matter.
1.30 Special Waste: Special waste as defined in Title 30 Texas Administrative Code Chapter
330, Section 330.3, as amended.
1.31 Solid Waste: Any Garbage, Rubbish, Refuse, Construction Debris, Stable Matter and
other Waste that Contractor is required to collect under this Contract, including but not
limited to sludge from a wastewater treatment plant, water supply treatment plant, or air
pollution control facility, and other discarded material, including solid, liquid, semi -solid, or
contained gaseous material resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities. The term does not
include:
(A) solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by permit issued
under the Water Code, Chapter 26;
(B) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill
land if the object of the fill is to make the land suitable for the construction of surface
improvements; or
(C) Unacceptable Waste.
1.32 Subcontractor: any person or entity that performs any of the work that is the subject of
this Contract who is not an Employee of Contractor.
1.33 Stable Matter: All manure and other waste matter normally accumulated in or about a
stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of
animals, poultry, or livestock.
1.34 Trash Polycart: Arubber-wheeled receptacle with a maximum capacity of 95 gallons
constructed of plastic, metal and/or fiberglass, designed for automated or semi -
automated Solid Waste collection systems, and having a tight fitting lid capable of
preventing entrance into the container by small animals. The weight of a Polycart and its
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contents shall not exceed 175 lbs. Trash Polycarts will be provided to each Residential
Unit and Commercial Hand Collect Unit, with ownership retained by Contractor.
1.35 Waste: Refuse that is lawfully placed for collection at: Residential Units, Commercial or
Industrial Units, Commercial Hand Collect Units, or other buildings or premises where
Refuse accumulates.
1.36 Unacceptable Waste: Any and all waste, including but not limited to, Hazardous Waste,
Class 1 industrial nonhazardous Special Waste (except pursuant to a Special Waste
agreement), and untreated Medical Waste, the acceptance and handling of which by
Contractor would cause a violation of any permit condition, legal or regulatory
requirement, substantial damage to Contractor's equipment or facilities, or present a
substantial danger to the health or safety of the public or Contractor's employees.
2.00. SCOPE OF WORK
As described in more detail in this Contract, the Contractor shall provide, in a good workmanlike
manner, the services called for and described herein which shall consist of all supervision,
equipment, labor, and all other items necessary to provide the City with Solid Waste collection,
removal and disposal and to complete said work in accordance with this Contract.
3.00 TYPES OF COLLECTION
3.01 Solid Waste Collection from Residential Units and Commercial Hand Collect Units: The
Contractor shall provide semi -automated collection service to all Residential Customers
and Commercial Hand Collect Customers for the collection of all Waste properly placed in
Trash Polycarts every Tuesday or other designated collection day as agreed to by City and
Contractor. In addition, Contractor shall collect a maximum of two of any combination of
smaller Bulky Waste items (where the horizontal and vertical dimensions of the item do not
exceed four feet in any direction, and the weight is less than 50 lbs.) or Bundles during the
regular Tuesday pick-up and any other designated pick-up day. Trash Polycarts and any
smaller Bulky Waste items or Bundles shall be placed at curbside by 7:00 A.M. on the
designated collection day. On the first regular pick-up day for Solid Waste following
Christmas Day, Contractor shall collect up to four smaller Bulky Waste items (as defined in
this paragraph) and up to six additional securely tied trash bags not exceeding 45 gallons
each placed at the curb next to the Trash Polycart. In addition, Contractor shall provide
free to each Residential and Commercial Hand Collect Customer, collection of live
Christmas trees during the two -week period following Christmas Day. Collection of live
Christmas trees shall occur on two separate designated collection days, once between
Christmas Day and New Year's Day, and once following New Year's Day during the first
week of January.
3.02 Recyclable Collection from Residential Units and Commercial Hand Collect Units: The
Contractor shall provide semi -automated collection service to all Residential Customers
and Commercial Hand Collect Customers, for the collection of all Recyclable Materials
placed in a Recyclables Polycart every Friday or other designated collection day as agreed
to by City and Contractor. Recyclables Polycarts shall be placed at curbside by 7:00 A.M.
on the designated collection day. Customers are not required to separate Recyclable
Materials by type of material; therefore, Recyclable Materials may be co -mingled with other
Recyclable Materials. On the first regular pick-up day for Recyclable Material following
Christmas Day, Contractor shall collect collapsed cardboard boxes placed at the curb next
to the Recyclable Polycart. The number of boxes shall not exceed an amount normally
expected for a typical Residential or Commercial Hand Collect Customer,
3.03 Bulky Waste Collection: The Contractor shall, at no additional cost, provide for the
collection of Bulky Waste not exceeding 2 cubic yards from Residential Customers and
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Commercial Hand Collect Customers once per month on the third Friday of each month
or on a designated day agreed to by City and Contractor. For an amount of Bulky Waste
material that exceeds this rough dimension, a Customer shall call the offices of
Contractor to receive a quotation for the removal of a larger quantity. Bulky Waste item
pickup is included in this Contract rate unless the items are business related or building
materials. Refrigerators and air conditioning units must be serviced and tagged by a
registered technician for removal of Freon before pickup.
3.04 Commercial.. and Industrial Dumpster Collection: Contractor shall provide automated
collection service to all Commercial and Industrial Customers for the collection of all
Waste properly placed in Dumpsters. Collections shall occur the minimum number of
times and by the size of Dumpster required by each Customer at the rates set forth in this
Contract. Most Dumpsters are required to be enclosed in a Dumpster enclosure with a
minimum 10400t clear opening. The Contractor is required to close and secure the doors
to all Dumpster enclosures after replacing the Dumpster.
3.05 Commercial Roll -off Bin Collection: Roll -off Bins at the size requested by the Customer
shall be rented to and picked up on request of the Customer and shall be billed for each
pickup in addition to a monthly rental charge (said rental charge to be calculated daily) at
the rates set forth in this Contract.
4.00 OTHER SERVICES PROVIDED BY CONTRACTOR
4.01 Sludge Removal: Contractor shall supply at no rental costa 20 cubic yard Roll -Off Bin to
a location specified by the City for Waste Water Sludge from City's water treatment plant
(20 cubic yard roll off container). As to said Rolkoff Bin, City will pay $150.00 per pickup,
plus $32 per ton disposal fee. Pick up shall be on an as -needed basis as often as
specified by the City.
4.02 Solid Waste Collection at Community Events: Contractor shall provide, at no cost to the
City, Waste containers, collection, and disposal services for all City -sponsored or endorsed special special events that take place in the Contract Area (i.e., July 4`h celebration,
parades, festivals, etc.). The number and placement of Waste containers shall be
coordinated with the City. Contractor shall further provide, at no cost to the City, three 30
cubic yard Rolkoff Bins twice each year for a City sponsored clean-up event. Collection
and disposal of said Roll -off Bins shall be provided by Contractor at no cost to the City.
4.03 Solid Waste Collection and Disposal for City Projects: Up to five times per year,
Contractor shall provide, at no cost to the City, a single 30 cubic yard Roll -off Bin for the
purpose of collecting Solid Waste or Construction Debris from City projects. A total of
five disposal pick-ups per year of said Rolkoff Bins shall be provided by Contractor at no
cost to the City.
4.04 Storm Debris Collection and Disposal: In the event of a natural disaster, or other act of
God, as determined by the City, the Contractor shall have 12 hours to provide to the City
the types and amounts of resources available to be immediately deployed in response to
such an incident. At a minimum, the Contractor shall be required to provide four (4) 30-
yard Roll -off Bins, emptied and returned two (2) times per day for a minimum of 5 days.
Additionally, the Contractor will collect up to two (2) cubic yards of Bulky Waste per
Residential Unit weekly for a minimum of four (4) consecutive weeks. All Storm Debris
Collection and Disposal services shall be provided at no cost to the City.
4.05 Solid Waste Collection at City Facilities: Contractor shall provide, at no cost to the City,
Waste collection, Dumpsters with locks (and/or Polycarts) of the size and type indicated
below at the following locations:
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NAME
CURRENT LOCATION
TYPE
NUMBER OF PICKUPS
City Administration
111 N. Powell Pkw .
2
d.*
once
per
week*
*Police/Municipal
Annex Building
101 S. Powell Pkwy.
2
yd.*
once
per
week*
Public Works Bldg.
3223 N. Powell Pkw .
6
yd,
once
per
week
Fire Station
305 S. Powell Parkway
2
d.*
twice
per
week*
Natural Springs
Park
1201 W. White Street
2
yd.
once
per
week
Sla ter Creek Park
425 W. Rosemond Pkw .
4
yd.
once
per
week
Sherely Park
101 S. Sherely
2
yd.
twice
per
week
Johnson
Park
504 FM 2662 North
1 2
yd.
I twice
per
week
* In lieu of Dumpster, City may elect Polycarts with comparable volume to be collected
twice per week per the Residential and Commercial Hand Collect Trash Collection
service.
4.06 Solid Waste Collection at Churches: Contractor shall provide free collection and disposal
of a single Trash Polycart and a single Recyclables Polycart for all churches in the
Contract Area,
4.07 Service to Disabled and Elderly Residential Customers: Notwithstanding anything to the
contrary contained herein, Contractor agrees to assist physically disabled and elderly
Residential Customers with the curb -side collection of their Solid Waste and Recyclable
Material; provided that Contractor receives prior written notice from the Customer or the
City of such special need. The City shall make the final determination as to the eligibility
of a Residential Customer to qualify for this service.
5.00. COLLECTION OPERATION
5.01 Hours of Operation: The Contractor will determine hours of operation subject to the
following: 1) In residential areas or locations immediately adjacent to residential areas,
collection of Solid Waste shall begin no earlier than 7:00 a.m. and shall generally not
extend beyond 7:00 p.m.; 2) There shall be no Solid Waste collection on Sunday without
prior written approval of the City.
5.02 Hours of Disposal: Contractor shall dispose of waste within the operating hours of the
Landfill.
5.03 Routes of Collection: Collection routes shall be established by the Contractor as
approved by the City. The City shall be provided route collection maps and container
locations, and shall make final determinations regarding routes and has the right to reject
and request modification of routes, and updates on routes of Contractor. Contractor may
submit proposals changing the collection routes and/or changing the collection days to
the City for its prior approval, which approval shall not be unreasonably withheld. Upon
City approval, Contractor shall promptly give advance written notice to the affected
Customers of any substantive changes.
5.04 Holidays: The following shall be holidays for purposes of this Contract:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
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Christmas Day
Contractor may decide to observe any or all of the above -mentioned holidays by
suspension or collection service on the holiday, but the Contractor must meet its
obligation as required. Make-up days shall be the business day prior to or following the
holiday or another day agreed to by City and Contractor. Not later than December 1st of
each year, Contractor shall submit its request for suspension of service for the coming
year.
5.05 Office: The Contractor shall maintain an office or such other facilities through which it
can be contacted. It shall be equipped with sufficient telephones and shall have a
responsible person in charge from 8:00 A.M. to 5:00 P.M., Monday through Friday.
5.06 Complaints:
(a) The Contractor, at its expense, will provide a telephone answering service from 8:00
A.M. until 5:00 P.M. daily, Monday through Friday, excluding such Holidays as may
be approved under this Contract, for the purpose of handling complaints and other
calls regarding Solid Waste collection service provided by the Contractor. The
Contractor will secure an annual listing in the local phone directory with coverage of
Anna, under the name by which it conducts business in the community. All
complaints can be made directly to the Contractor and shall be given prompt and
courteous attention. In the case of alleged missed scheduled collections, the
Contractor shall investigate and if such allegations are verified, shall arrange for the
collection of the Solid Waste not collected within 24 hours after the complaint is
received.
(b) The Contractor will check with City Hall during the collection day and at the
conclusion of the collection day to address any complaints.
5.07 Collection -Equipment:
(a) Contractor, at its sole cost and expense, agrees to furnish, all trucks, equipment,
machinesI and labor which are reasonably necessary to adequately, efficiently, and
properly collect and transport Solid Waste from accounts serviced by Contractor in
accordance with this Contract. Collection of Solid Waste shall be made using sealed
packer -type trucks, and such equipment shall not be allowed to leak nor scatter any
waste within the limits of the City nor while in route to the Disposal site, where such
accumulation shall be dumped. Contractor shall, if necessary, hand -clean all spillage
resulting from its Solid Waste and Recyclable Materials collection activities.
(b) Due to street size variations in the City, the Contractor will need to provide equipment
that will accommodate such public streets and alleys. The Contractor will utilize
lighter -capacity single -axle automated collection trucks (not larger than 20-yard
capacity) on all public streets and alleys and in any other areas identified by the City
and Contractor as likely to be damaged by the use of heavier Solid Waste hauling
equipment (i.e., on asphalt or seal coat paved streets and parking areas). The City
shall make the final decision as to whether an area is likely to be damaged by the
use of heavier Solid Waste hauling equipment.
(c) All motor vehicles used in performance of the obligations herein created shall be
clearly marked with the Contractor's name, telephone number and unit number
legible from 150 feet. No advertising shall be permitted on vehicles. All collection
equipment shall be maintained in a first class, safe, and efficient working condition
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throughout the term of this Contract. Such vehicles shall be maintained and painted
as often as necessary to preserve and present a well -kept appearance, and shall
adhere to a regular preventative maintenance program. The City may inspect
Contractor's vehicles at any time to insure compliance of equipment with this
Contract, or require an equipment replacement schedule to be submitted to City.
Vehicles are to be washed on the inside and sanitized with a suitable disinfectant
and deodorant a minimum of once a month. Such vehicles shall be washed and
painted or repainted as often as necessary to keep them in a neat and sanitary
condition.
5.08 Disposal: Except for Recyclable Material collected from Recyclables Polycarts,
Contractor shall deliver all Solid Waste collected under this Contract to a Licensed
Sanitary Landfill operated in compliance with rules adopted by the TCEQ and/or the
USEPA. Contractor shall deliver Recyclable Material collected from Recyclables
Polycarts to a processing site, which must have established Commodity Buyers or
markets for the Recyclable Material, The Contractor shall be required to identify the
processors of the Recyclable Material upon request by the City. Recyclable Materials
collected for the purpose of recycling may not be deposited in any Landfill. The
Contractor shall further meet the following requirements:
(a) No later than December 31 each year, Contractor shall submit a list of the landfills) it
has utilized in the previous year, and the landfill(s) it intends to utilize for the coming
year.
(b) In the event a collection of Recyclable Materials is rejected at the processing site due
to excessive contamination, Contractor shall immediately notify the City of such
occurrence.
5.09 Spillage: The Contractor shall be responsible for all spilled or scattered Solid Waste or
Recyclable Materials (collectively, "Spillage") caused in whole or in part by its acts or
those of any of its Employees or Subcontractors, in which case all Spillage shall be
picked up and cleaned immediately by the Contractor. Contractor will not be required to
clean up or collect Spillage not caused by the acts of its Employees or Subcontractors,
but shall report the location of such Spillage to the Anna City Hall so that proper notice
can be given to the Customer at the premises to prevent Spillage. Notwithstanding the
foregoing, Contractor shall pick up Spillage or excess Solid Waste from Commercial and
Industrial Customers after the Customer reloads the container if overfilled by the
Customer. In such cases, Contractor shall be entitled to an extra collection charge for
each reloading of a Dumpster or Rolkoff Bin requiring an extra collection. Should such
spillage continue to occur at Commercial and Industrial Customer locations, City shall
require the Customer and Contractor to increase the frequency of collection of the
Customer's Solid Waste or require the Customer to utilize a Dumpster or Roll -off Bin with
a larger capacity, and the Contractor shall be compensated for such additional services
in accordance with the rates set forth in this Contract. City agrees to require and
Contractor agrees to supply additional Polycarts at Residential Units and Commercial
Hand Collect Units which regularly generate Solid Waste in excess of what can be
contained in their existing Polycart(s). Customers must pay an additional amount as
outlined in this Contract for additional Polycarts.
5.10 Vicious Animals: Employees of the Contractor shall not be required to expose
themselves to the dangers of vicious animals in order to accomplish Solid Waste
collection in any case where the owner or tenants have animals at large, but the
Contractor shall immediately notify the City, in writing, of such condition and of
Contractor's inability to make collection.
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5.11 Hazardous Waste: Contractor shall not be obligated to collect Hazardous Waste,
including refrigeration appliances that have not had CFC's removed by a certified
technician, tires, automobile/vehicle batteries, petroleum products, paints and other
chemicals and solvents identified as hazardous by the U.S. Environmental Protection
Agency,
5.12 Protection From Scattering: Each vehicle shall be equipped with a cover which may be
net with mesh not greater than 1-1/2 inches, or tarpaulin, or fully enclosed metal top to
prevent leakage, blowing or scattering of Solid Waste or Recyclable Materials onto public
or private property. Such cover shall be kept in good order and used to cover the load
going to and from the Landfill, during loading operations, or when parked if contents are
likely to be scattered. Vehicles shall not be overloaded so as to scatter Solid Waste or
Recyclable Materials; however, if Solid Waste or Recyclable Materials are scattered from
Contractor's vehicle for any reason, it shall be picked up immediately by the Contractor.
Each vehicle shall be equipped with a fork, broom and shovel for this purpose.
5.13 Number of Collections: The collection and removal of Solid Waste from premises used
for commercial, institutional, or industrial purposes shall be made as often as necessary
in order to maintain the premises free of such accumulations. Solid Waste shall be
collected not less than one time each week, except for Roll -off Bins which shall not be
subject to this provision so long as they are used solely for brush and dry Solid Waste.
Materials in Recyclables Polycarts shall be collected and disposed of weekly.
5.14 Location of Polvcarts, Bundles, and Bulkv Waste Items for Residential and Commercial
Hand Collect Collection: Contractor shall collect each Polycart, Bundle, or Bulky Waste
item from Residential and Commercial Hand Collect Customers that is placed at curbside
for collection in accordance with this Contract and the ordinances and regulations
adopted or promulgated by the City. Curbside refers to that portion of right of way
adjacent to public roadways, regardless of the type of road surface or whether the road is
curb and gutter. Each Polycart, Bundle, or Bulky Waste item shall be placed in an
accessible, outdoor location on a hard surface according to the individual agreement.
The Contractor may decline to collect such materials not so placed.
5.15 Collection Containers Responsibility of Contractor: The type and quality of Solid Waste
collection containers that Contractor provides under this Contract (including Polycarts,
Dumpsters, and Roll -off Bins) shall (consistent with this Contract) be of the same or
better type and quality of Solid Waste collection containers provided by the Contractor
under the immediately preceding Solid Waste Collection Contract, attached hereto as
Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal
Contract, attached hereto as Exhibit B. Prior to changing the manufacturer or types of
Solid Waste collection containers that Contractor is required to provide under this
Contract, Contractor shall submit to City for City's sole approval, the proposed
manufacturer's information, photographs, and any other information required by the City,
of the collection and disposal equipment that is proposed to be used and/or provided by
Contractor under this Contract, including Polycarts, Dumpsters, and Roll -off Bins of the
various sizes and types that will be used to fulfill the requirements of this Contract. The
Contractor shall further meet the following requirements:
a. Contractor shall provide each Residential and Commercial Hand Collect Customer a
single 95 gallon Trash Polycart and a single 65 gallon Recyclables Polycart. Each
Polycart shall be branded with the name of Contractor's business and a unique
identifying number. Trash Polycarts and Recyclables Polycarts shall be different
colors approved by the City.
b. Contractor shall provide each Commercial and Industrial Customer Dumpsters)
and/or Roll -off Bins) which are reasonably necessary to adequately, efficiently, and
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properly collect Solid Waste from Customers serviced by Contractor in accordance
with this Contract.
c. Contractor shall be responsible for replacing Customer PolycartsI Dumpsters and
Roll -off Bins that are stolen or become damaged through normal use. All commercial
and industrial containers shall be in good repair, with the name of Contractor's
business and phone number clearly identifiable on the container.
5.16 Personnel: All Contractor personnel shall be competent and skilled in the performance of
the work to which they are assigned. The Contractor shall establish and maintain criteria
for the hiring and performance of its personnel to monitor the competency and skill of its
Employees
6.00 LICENSE AND TAXES
The Contractor shall obtain all licenses and permits and promptly pay all taxes required by the
City and the State.
6.00 INDEMNITY
It is expressly understood and agreed that the City has no right of control, supervision, or
direction over any work performed by the Contractor, its agents, employees, subcontractors or
Customers, nor does the City have any control, supervision or direction of the means, methods,
sequences, procedures, and/or techniques utilized to complete such work. There shall be no joint
control over any such work. CONTRACTOR AGREES TO INDEMNIFY DEFEND AND
HOLD HARMLESS THE CITY, AND ITS OFFICIALS, OFFICERS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS,
CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS FEES AND
RELATED EXPENSES ARISING OUT OF ANY WILLFUL OR NEGLIGENT ACTS OR
OMISSIONS INCIDENT TO ANY WORK OF THE CONTRACTOR. THE CITY SHALL NOT
BE RESPONSIBLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF
CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW,
BREACH OF WARRANTY PRODUCT DEFECT OR ANY OTHER CONDUCT
WHATSOEVER OF CONTRACTOR, OR ANY OF ITS AGENTS, EMPLOYEES, OR
CUSTOMERS. THE INDEMNITY HEREIN IS SPECIFICALLY INTENDED TO OPERATE
AND BE APPLICABLE IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE
DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT,
OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT,
INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, OR ANY
OTHER CONDUCT WHATSOEVER BY THE CITY, OR ITS OFFICIALS, OFFICERS, OR
EMPLOYEES.
7.00 INSURANCE
The Contractor shall secure and maintain at its sole cost throughout the duration of this Contract,
insurance issued by a carriers) authorized to do business in Texas, of such types and in the
amounts specified herein to protect Contractor and the interests of the City against all hazards or
risks of loss as hereinafter specified with the City named as additional insured on all policies.
Contractor shall procure and maintain for the duration of this Contract insurance against claims
for injuries to persons or damages to property, which may arise from or in conjunction with the
performance of the work hereunder by Contractor, or the Contractor's agents, representatives,
Employees, or Subcontractors. The form and limits of such insurance, together with the
underwriter thereof in each case, must be acceptable to the City but regardless of such
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acceptance it shall be the responsibility of Contractor to maintain adequate insurance coverage
at all times. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of
any contractual responsibility or obligation. Each policy shall provide that there will be no
cancellation or alteration or modification that reduces coverage in any way prior to 30 days
written notice being given to the City. A copy of each policy, or at the City's discretion, a
certificate of insurance, shall be filed with the City Secretary's office. Minimum levels of insurance
are required to be kept as follows:
Minimum Limits of Insurance:
Type Coverage
Per Occurrence
Aggregate
Minimum
Minimum
Workers Compensation
As required by law and shall
As required by law.
cover all employees including
drivers.
Comprehensive General
$1,000,000
$1,000,000
Liability
Property Damage
$1,000,000
$1,000,000
Comprehensive Auto Liability
$1,000,000
$1,000,000
Bodily Injury
Comprehensive Auto Liability-
$500,000
$1,000,000
Property Damage
Umbrella Policy
$5,000,000
$5,000,000
For the purpose of securing the performance of Contractor's obligations hereunder, Contractor
shall obtain a corporate surety bond in the amount of $250,000.00, which shall guarantee its
performance under this Contract during the entire five-year term of this Contract. All premiums
due on such bond shall be paid by Contractor. At the City 's request, Contractor shall provide a
copy of such bond along with a certificate from the surety of such bond stating that all premiums
due on the bond have been paid in full. The surety on the bond shall be a duly authorized
corporate surety authorized to do business in the state of Texas. All bonds shall be issued by a
Best -rated bonding company. Contractor must give the City at least 30-days notice if it has any
reason to believe that the bond may be cancelled, revoked or modified in any manner. The bond
itself must state as follows: "The surety will provide the City of Anna at least 30 days notice
before this bond is cancelled, revoked or modified in any manner."
9.00 ADJUDICATION AND NOTICE PROCEDURES
9.01 Contractor must deliver written notice to City within three calendar days of any act,
occurrence or event giving rise to any claim, dispute or controversy between Contractor
and City.
9.02 Contractor must also deliver within 25 days of any such act, occurrence or event giving
rise to any claim, dispute or controversy between Contractor and City, a detailed written
specification of such claim, dispute or controversy and the particular alleged damages
associated with such claim, dispute or controversy with supporting documentation.
9.03 After these notices are made by Contractor, the parties agree to attempt to resolve the
claim, dispute or controversy by mediation with a mediator selected by the City.
Mediation shall occur wn 30 days of the 25-day notice, and the costs of mediation will
be shared equally by the parties.
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
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Contractor's Initials
9.04 Strict adherence to these adjudication and notice requirements shall be a condition
precedent to Contractor filing a claim, suit, or any cause of action which has as its basis
any such act, occurrence or event giving rise to any claim, dispute or controversy
between Contractor and City. The failure by Contractor to follow the adjudication and
notice procedures precisely as set forth in this provision and this Contract shall act and
operate as a waiver and complete bar to any recovery for such claim, dispute or
controversy, and the Contractor shall be barred from making any such filing and shall not
be entitled to any damages regarding such claim, dispute or controversy regarding such
claim, dispute or controversy.
10.00 TRANSFERABILITY OF CONTRACT
No assignment of the Contract or any right accruing under the Contract shall be made in whole or
in part by the Contractor without the express written consent of the City. In the assignment, the
assignee shall assume the full obligations and liability of the Contractor. The City reserves the
exclusive right to determine the competence and responsibility of any such proposed assignee.
11.00 OWNERSHIP
Title to Solid Waste and Recyclable Material shall pass to Contractor when placed in Contractor's
collection vehicle, removed by Contractor from a Bin, Polycart, or Dumpster, or removed by
Contractor from the Customer's premises, whichever last occurs. This does not in any manner
excuse Contractor from the obligation to dispose of all Solid Waste at a land fill and deposit all
Recyclable Material at a processing site in the manner required under this Contract.
12.00 RATES BILLING AND FRANCHISE FEE
12.01 Rates: Contractor shall be compensated at the following rates for the services listed
below:
Dumpster Rates
Size/Pickup
1xWeek
2x Week
3x Week
4x Week
5x Week
Extra Pickup
2 Cu Yd
$38
$59
$80
$101
$122
$29
3 Cu Yd
$48
$86
$124
$162
$200
$37
4 Cu Yd
$58
$106
$154
$202
$250
$47
6 Cu Yd
$78
$139
$200
$261
$322
$52
8 Cu Yd
$98
$163
$228
$293
$358
$61
Locking bars, locks and casters shall be provided as requested by a Customer at no additional
charge.
Roll -Off Bin Container Rates
Size/Pickup
Rental per
Cost per
ip Ckup
Delive
Charge
20 Cu Yd
$4
$242
$60
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
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Contractor's Initials
30 Cu Yd
$4
$301
$60
40 Cu Yd
$4
$347
$60
40 Cu Yd
(compactor)
$4
$380
$60
Residential and Commercial Hand Collect Customer Rates
The City will pay Contractor $12.50 a month per Residential and Commercial Hand Collect
Customer, and $5.00 per month for each additional Polycart requested by and delivered to a
Customer.
Recyclables Polycart Rates for Commercial and Industrial Customers
Contractor shall provide Recyclables Polycarts to Commercial and Industrial Customers upon
request. City will pay Contractor $5 per month for each Recyclables Polycart provided to
Commercial and Industrial Customers with said monthly charge including once weekly collection
and disposal service.
12.03 Rate Adjustments: Rate adjustments sought by Contractor will be considered by the City
no more than once per year during the term of this Contract. The change in the
Consumer Price Index (Dallas/Fort Worth, all Urban Consumers) during each 12-month
period, and other factors may be considered by the City Council in making rate
adjustments. All rate adjustments are at the discretion of the City, and rate increases may
be temporary when deemed appropriate by the City. The City reserves the right to
increase rates or charges to Customers without any increase in compensation to the
Contractor. Rate adjustments shall be made in writing by resolution or ordinance of the
City Council. In conjunction with any rate adjustment request, Contractor shall submit to
the City a listing of all equipment owned by and available to the Contractor to perform the
Contractor's obligations under this Contract. This list shall include vehicle make and
model, age, mileage, and overall condition of the vehicles.
12.04 Billing:
(a) Party Performing Billing. The City will exclusively perform Customer billing of Residential,
Commercial Hand Collect, and Commercial and Industrial Customers except that
Contractor shall, at the City's option, perform Customer billing for rental and services
related to Roll -Off Bins, The City may at any time assume the performance of all
Customer billing, including billing related to Roll -Off Bins at any time during the term of
this Contract. Should the City decide to assume the performance of billing for services
related to Roll -Off Bins, or reassign such duty to Contractor, the City shall give the
Contractor at least 30 days advance written notice and the Contractor must cooperate
with the City in all reasonable respects to facilitate the billing. The City will remit to
Contractor the amounts received from Customers —less Franchise Fees and any funds
that the City is entitled to retain based on rate increases —within 10 days of receipt of
same.
(b) Contractor's Duties to Provide Billing Information. To assist the City in billing and to
provide verification of billing information with respect to Contractor's services, Contractor
shall provide the City with a detailed monthly invoice showing all services rendered for
the immediately preceding month. Said invoice shall be due on or before the fifth day of
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
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Contractor's Initials
each month, and must include, at a minimum: (1) the number of Residential and
Commercial Hand Collect Customers; (2) the number and location of each additional
Polycart provided to Residential and Commercial Hand Collect Customers; (3) the
amount to be billed to Residential and Commercial Hand Collect Customers for all
services that Contractor provided during the applicable month; (4) the following
information for each Commercial and Industrial Customer: (a) the name and address of
each Customer; (b) the amount, location, and size of Dumpsters and for each Dumpster
the number of collections per week and extra pickups; (c) the amount, location, and size
of RolkOff Bins, and for each Roll -Off Bin the number of days rented, number of pickups
performed, and amounts for delivery charges; (d) the amount and location of each
Recyclables Polycart; (e) the amount to be billed to each Customer for all services
related to Recyclables Polycarts and Dumpsters that Contractor provided during the
applicable month; and, (f) the amount to be billed to each Customer for all services
related to RolkOff Bins that Contractor provided during the applicable month.
12.05 Franchise Fee: For the exclusive use of public streets and rights -of -way for the provision
of services set forth in this Contract, Contractor shall be responsible to the City for a
Franchise Fee in the amount of 10% of all amounts that Contractor is entitled to receive
from Customer for services under this Contract, regardless of whether the Contractor or
the City performs the billing for such services. The Contractor will be responsible to the
City for the Franchise Fee regardless of whether a Customer defaults on a bill.
13.00 RECORDS
13.01 The Contractor agrees to maintain at Contractor's place of business adequate records
relating to the performance of Contractor's duties under this Contract, and such records
shall be made available at any time during business hours for inspection by the City, at
the City's expense, upon reasonable advance notice.
13.02 Contractor shall provide City each month, a written report that shows: 1) the total amount
of Solid Waste collected under this Contract and disposed of in a Landfill during the
reporting period; and 2) the total amount of Recyclable Material collected under this
Contract and deposited at a processing site with established Commodity Buyers or
markets for the Recyclable Material during the reporting period.
14.00 TERMINATION FOR CAUSE
a. The City may cancel this Contract by giving the Contractor ten days' written notice, upon
the happening of any one of the following events:
1. The Contractor shall take the benefit of any present or future insolvency statute, or
shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy (court) or a petition or answer seeking an arrangement for its
reorganization or the readjustment of its indebtedness under the Federal bankruptcy
laws or under any other law or statute of the United States or any state thereof, or
consent to the appointment of a receiver, trustee or liquidation of all or substantially
all of its property. (in the event that any bankruptcy, insolvency, reorganization,
receivership, or similar proceeding is instituted by or against the Contractor, or in the
event the Contractor makes an assignment for the benefit of creditors, the Contractor
shall not assert or list this Contract as an asset of such action); or
2. By order or decree of a court, the Contractor shall be adjudged bankrupt or an order
shall be made approving a petition filed by any of its creditors or by any of the
stockholders of the Contractor, seeking its reorganization or the readjustment of its
indebtedness under the Federal bankruptcy laws or under any law or statute of the
United States or of any state thereof; or
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
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Contractor's Initials
3. By, or pursuant to, under the authority of any legislative act, resolution or rule or any
order or decree of any court or governmental board, agency or officer having
jurisdiction, a service, trustee or liquidation shall take possession or control of all or
substantially all of the property of the Contractor, and such possession or control
shall continue in effect for a period of 60 days; or
4. Failure to comply with any state or federal law relating to health or safety governing
the service provided under this Contract or failure to obtain, and maintain, any state
or federal permits required or any insurance coverage or bond as stated herein. In
the event of any such failure, termination shall be effective upon the date specified in
the City's written notice to the Contractor and upon said date this Contract shall be
deemed immediately terminated and upon such termination all liability of the City
under this Contract to the Contractor shall cease.
b. It is expressly understood and agreed that, if at any time Contractor shall fail to perform
any of the terms, covenants, or conditions herein set forth, and shall fail to correct same
within 15 days after written notice from the City, the City may, after a hearing as
described herein, revoke and cancel the franchise herein granted, and this Contract shall
become null and void. The hearing prerequisite to such revocation shall not be held until
notice of such hearing has been given to Contractor by certified mail, addressed to
Contractor at the address shown in Section 15 of this Contract, and a period of at least
15 days has elapsed since the mailing of such notice. The notice shall specify the time
and place of the hearing and shall include the reasons for revocation of such franchise
and this Contract. The hearing shall be conducted in public by the City Council, and
Contractor shall be allowed to be present and given full opportunity to answer such
charges and allegations as are set forth in the notice. If, after the hearing is concluded,
the City Council shall determine that the charges and allegations set forth in the notice
are supported by the facts presented at the hearing, they may revoke and cancel this
Contract and the franchise, and the same shall become null and void, except that all of
Contractor's obligations under this Contract to indemnify, defend and hold harmless the
City shall survive the termination of this Contract.
15.00 NOTICES
Any notice required or permitted to be delivered hereunder shall be in writing and shall be
deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the respective party of the address set forth below:
If to the City, at:
If to the Contractor at:
ATTN: City Manager
City of Anna
P.O. Box 776
Anna, Texas 75409
Bradshaw &Son Trash Service
1005 W. Houston St.
Anna, Texas 75409
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
16.00 FORCE MAJEURE
Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to
perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
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Contractor's Initials
regulation, fire, Act of God, or other similar or different contingency beyond the reasonable
control of Contractor.
17.00 SEVERABILITY
In the event that any provision or portion thereof of any provision of this Contract shall be found to
be invalid or unenforceable, then such provision or portion thereof shall be performed in
accordance with applicable laws. The invalidity or unenforceability of any provision or portion of
this Contract shall not affect the validity or enforceability of any other provision or portion of this
Contract.
18.00 COMPLIANCE WITH LAWS
All applicable state laws, municipal ordinances, and the rules and regulations of all authorities
having jurisdiction over the work to be performed shall apply to this Contract throughout, and they
will be deemed to be included in this Contract as though written out in full in this Contract.
Contractor, its officers, agents, employees, contractors, and subcontractors, shall abide by and
comply with all laws, federal, state, and local. It is agreed and understood that, if the City calls the
attention of Contractor to any such violations on the part of the Contractor, its officers, agents,
Employees, contractors, or Subcontractors, then Contractor shall immediately desist from and
correct such violation.
19.00 DISCRIMINATION PROHIBITED
Contractor, in the execution, performance, or attempted performance of this service, shall not
discriminate against any person or persons because of sex, race, religion, color, national origin,
age or disability. The Contractor must be an equal opportunity employer.
20.00 TERM
Subject to earlier termination as provided for under this Contract, the term of this Contract shall
commence on September 11 2013 and conclude on August 317 20181 with one five-year renewal
option pending written agreement of both parties consenting to such renewal. Should either the
City or Contractor elect not to renew and extend this Contract for an additional five-year period,
notice must be given, by certified mail (return receipt requested) to the other party in writing not
less than 60 days prior to the expiration of this Contract. However, failure to provide such notice
shall not result in the automatic renewal of this Contract. Between February 1, 2018 and
February 28, 2018, the Contractor shall provide written notice to the City of the upcoming
renewal/non-renewal date.
21.00 CONTRACT INTERPRETATION, CHOICE OF LAW, VENUE
This Contract is the result of negotiation between the parties, and shall, in the event of any
dispute over the meaning or application of any portion thereof, be interpreted fairly and
reasonably, and neither more nor less strongly for or against either party, regardless of which
party originally drafted the portion in dispute. The parties agree that this Contract shall be
governed by the law of the State of Texas; the parties further agree that exclusive jurisdiction and
venue for all actions arising out of this Contract shall be in Collin County, Texas.
Except as set forth in Section 23.00, below, this Contract constitutes the complete agreement
between the City and Contractor, and supersedes any other written or oral agreement. This
Contract may not be altered, revised or moed except by a written mocation signed and
properly authorized by the parties.
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
Page 1 ti of 17
Contractor's Initials
The failure of the City at any time to require performance by Contractor of any provisions hereof
shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City
of any breach of a provision hereof be taken or deemed to be a waiver of any succeeding breach
of such provision or as a waiver of a breach of any other provision.
23.00 OTHER CONTRACTOR REQUIREMENTS AND OBLIGATIONS
All Contractor requirements and obligations under the immediately preceding Solid Waste
Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste
Collection and Disposal Contract, attached hereto as Exhibit B, that are not in conflict with this
Contact, shall continue as requirements and obligations of the Contractor under this Contract.
IN WITNESS WHEREOF, the City and the Contractor have executed this
Contract.
CITY OF ANNA, TEXAS ATTEST:
By:
Philip Sanders
City Manager
THE CONTRACTOR:
Joe Bradshaw
d/b/a Bradshaw & Son Trash Service
By:
Joe Bradshaw
Witness:
Natha Wilkison
City Secretary
(City Seal)
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
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Contractor's Initials
Council Meeting: February 26, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No.8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 2/21/13
Exhibits: Q Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action approving a resolution approving a
contract for Franchise Fee Audit, Energy and Utility Audit, Telecommunications Audit,
and other Cost Reduction Projects
SUMMARY: During the planning stages of the FY 13 budget, staff briefed the council
on a proposed project to audit various items to recover uncollected revenue and overpaid
expenses. The services can include franchise fees, license agreements, energy/utilities,
telecommunications, merchant credit card services, and other cost reduction projects.
Vybranz does not charge any fees until savings are realized. Additionally, staff evaluated
other potential providers and Vybranz charged the lowest fee, provides ongoing support
to monitor billings and contracts to ensure proper rates/fees are charged, and covers a
range of services other providers could not.
RECOMMENDATION: Staff recommends the Council approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
MANGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT
VYBRANZ, LLC FOR AUDITING SERVICES RELATING TO FRANCHISE
TELECOMMUNICATIONS, ENERGY AND UTILITIES, AND OTHER
REDUCTION PROJECTS
CITY
WITH
FEES,
COST
WHEREAS, this City Council (the Council) desires to secure audit services related to
franchise fee revenue and expenses related to telecommunications, energy and utilities,
and other projects to reduce costs incurred by the City of Anna (the City)
WHEREAS, Vybranz, LLC has been found to possess the necessary expertise to
provide the desired services in a cost effective manner
WHEREAS, Vybranz is charging a fair and reasonable price for their 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 and Authorization of Contract
The Council hereby approves the Contract attached hereto as Exhibit 1 for auditing
services relating to franchise fees, telecommunications, energy and uties, and other
cost reduction projects, 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 26nd
day of February, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
PAGE 1 OF 1
VYBRANZ LLC
101 E. Broadway
P.O. Box 876
Prosper, TX 75078
ENGAGEMENT AGREEMENT
Customer: City of Anna
Address: 111 N. Powell Parkway
P.O. 776
City, State, Zip: Anna, TX 75409
1. SERVICES TO BE RENDERED. This Engagement Agreement (this "Agreement") is made
this 26th day of February, 2013, (the "Effective Date") by and between VYBRANZ LLC (the
"Company") and the City of Anna (the "Customer"). During the term of this Agreement, the
Company will furnish consulting and cost auditing services and advice (collectively, the
"Services"), as further described below, and as specifically requested by or authorized by the
Customer, through the City of Anna City Manager or the City Manager's designee,
Customer's Primary Agent, for this Agreement only. The Services will relate to matters or work
being done or planned by the Customer, and the Customer's current agreements with third party
providers, in the fields of Telecommunications (including but not limited to mobile, air
cards, internet), Energy/Utilities (Electric, Gas), Merchant Payment Processing (credit
cards), Franchise Fees, License Agreements and appropriate tax related reductions, and
will be within the area of the Company's technical and operating competence, and will
specifically include the following:
Review of usage and expense with cost reduction solutions. Initial approach is to review,
analyze, and audit current providers' blend of products and services to determine satisfaction of
delivery and service, and determine points of negotiation. The Company may recommend
modifications to the products with the Customer's current provider(s). The Company may also
obtain and present competitive quotes with alternative providers designed to help drive the
market -price down from either existing or new providers if deemed necessary, consistent with
State competitive bidding and purchasing laws applicable to Texas municipalities, including but
not limited to Chapter 252 of the Texas Local Government Code. No Services shall be rendered
unless set forth in a written document titled "Cost Reduction Project." Each such Cost Reduction
Project ("CRP") document shall describe the project and set forth the scope of the Services that
the Company will perform, including but not limited to:
(1) identification of any current provider and/or the type/class of potential provider(s);
(2) description of any products) and/or services provided or offered by any such provider(s);
(3) description of any internal controls, methods, procedures, or arrangements employed by
the Customer;
(4) estimated time of completion of the CRP; and
(5) the general approach, strategy, methods and analysis that the Company intends to
undertake in performing the CRP as relates to any of the subject matter set forth in the
CRP.
Each CRP document shall be signed by a duly authorized representative of the Company, and
must be separately authorized by the City Manager or the City Manager's designee in writing
before the Company provides any Services related to the CRP and before the Customer shall be
obligated to make any payments to the Company under this Agreement. Upon completion of the
CRP, the Company shall provide its analysis, findings, advice, and recommendations to the
Customer in a written form, confirming that the CRP has been completed.
The Customer is under no obligation to accept any proposal or recommendation of the Company,
or to alter or take any action to alter any product, service, or provider. Any alterations to
products, services, or providers will be in complete consultation and with the full knowledge and
written approval of the Customer.
2. PAYMENT OF FEES AND BILLING.
(a) NET SAVINGS OVER TIME. For each CRP, the Customer shall pay the
Company an amount equal to 35% of the Customer's net total savings resulting from the
Services provided in performance of the CRP for a period of 24 consecutive months. Said
consecutive 24-month period shall begin when the Customer first realizes net savings under an
amended or a new agreement or arrangement with an existing or a new provider. The Customer
may be directly or indirectly involved in the negotiation, discussion, assessment, and/or analysis
of the Service and such involvement does not reduce or change the 35% payment to the company
of net total savings. After the date that the Customer specifically requests or authorizes the
Company to begin Services under a CRP and provided that the Company performs the scope of
services set forth in the CRP, the Customer agrees that but for the efforts of the Company,
savings as relates to such CRP would not have been achieved and will pay the Company
according to the terms set forth above.
(b) ONE-TIME SAVINGS. For each CRP resulting in only aone-time savings, the
compensation payable to the Company by the Customer regarding the Customer's net total
savings resulting directly from the Services, will be billed at an amount equal to 35% of the one-
time savings; provided, however, that such one-time savings must be realized by the Customer
within 36 months after the Company concludes its Services under the CRP.
(c) BILLING. Billing will commence within 30 days of the Customer achieving
actual net savings for each completed CRP and may result in multiple invoices or billing line
items for each completed CRP, but in no event shall the Customer be required to pay more than a
total of 35% of its net savings resulting from the CRP as set forth in paragraphs a. or b., above,
as applicable. In each case, the Customer's payments of compensation to the Company will be
made in response to invoices sent to the Customer by the Company.
(d) TAXES. The fees and charges reflected in the Services will be exclusive of any
sales, use, personal property, value added and goods/services taxes. Where applicable, such taxes
shall appear as a separate item on the Company's invoice and the Customer shall be liable for the
payment of such taxes to the Company. Notwithstanding the foregoing, the Customer shall not
be responsible for any foreign, federal, state or local taxes based on the Company's income or
receipts, or such other taxes based on the Company doing business in any particular jurisdiction.
3. OWNERSHIP OF WORK. The ownership of original source codes, financial models,
process design, design templates, workflow charts, art work, including sketches, and any other
materials created by the Company in the cost reduction process, owned and used by the
Company to perform the Services shall remain with the Company. Nothing in this Agreement
contemplates or requires the transfer of any property or intellectual -property rights from the
Customer to the Company or from the Company to the Customer.
4. INDEMNIFICATION.
(a) INDEMNIFICATION BY COMPANY. Except as otherwise herein provided, the
Company agrees to indemnify, defend and hold the Customer and its agents, officers, directors,
lawyers, accountants, and employees harmless from and against any and all losses, claims,
demands, damages, liabilities, costs and expenses, including (but not limited to) reasonable
attorneys' fees and costs of any legal action arising from the Services provided in this
Agreement.
(b) SCOPE OF INDEMNIFICATION. Indemnification under this paragraph 4 shall
include, but not be limited to, claims for libel, slander, infringement of copyright, theft of
misappropriation of intellectual property, or unauthorized use of any trademark, trade name, or
service mark.
5. LIMITATION OF DAMAGES. The Company will endeavor• to provide high quality
Services and a high quality Product. However, the Company is not, and will not be responsible
for any consequential or incidental damages resulting from any issues or malfunction resulting
from the delivery of Product(s) or Service(s) provided by recommended third party vendors
and/or suppliers, including, but not limited to, any interruptions of service.
6. TERMINATION OF AGREEMENT.
(a) MATERIAL BREACH. If either party is in material breach of this Agreement, the
non -breaching party may serve the breaching party with a written notice specifying the material
breach and requesting the breaching party to cure it. If the breaching party fails to cure the
material breach within thirty (30) days after its receipt of the notice, the non -breaching party may
terminate this Agreement by sending a written notice of termination to the breaching party. The
termination of this Agreement shall take effect immediately on the receipt of such notice of
termination by the breaching party.
(b) TERMINATION ABSENT A BREACH. Either party may unilaterally terminate this
agreement upon delivery of 30 days written notice to the other party. Any such termination shall
be prospective in nature only; and shall not cancel the entitlement of the Company to ongoing
payments to which the Company may be entitled under the terms of this agreement for
reasonable and necessary Services performed and completed prior to the termination date.
(c) EFFECT OF TERMINATION. On any termination of this Agreement pursuant to
this paragraph 6, the Company may immediately cease providing Services to the Customer, and
neither party shall have any further obligation to the other under this Agreement, provided that
neither party shall be relieved from any obligations or liabilities arising under this Agreement
prior to its termination, including (but not limited to) Payment of Fees for Services rendered
prior to termination in accordance with paragraph 2 and indemnification obligations under
paragraph 4.
7. INDEPENDENT CONTRACTOR. The Company is an independent contractor relative to the
Customer, and nothing contained herein shall be deemed to create a partnership or agency
relationship. There will be no joint control over the Services provided under this Agreement and
the Customer shall not assume to exercise control over any of the means, methods, sequences,
procedures, and/or techniques utilized to perform the Services.
8. WORK POLICY.
(a) The Company agrees to observe the working hours, work rules, building security
measures and holiday schedule of the Customer when on the Customer's premises, which will be
provided to the Company upon request; provided, however, that adherence to such working
hours and schedules shall not constitute justification for non -accomplishment of agreed upon
schedules and timelines.
(b) The Company further agrees to employ all reasonable efforts to meet Customer's
assignment deadlines and documentation standards, as applicable. Unless otherwise agreed upon,
the Company shall meet with Customer personnel to discuss and review the progress of the
current project assignment(s) on a regular basis.
9. GENERAL PROVISIONS.
(a) PARAGRAPH HEADINGS. Paragraph headings are for convenience only and shall
not be a part of the terms and conditions of this Agreement.
(b) WAIVER. Failure by either party at any time to enforce any obligation by the other
party, to claim a breach of any term of this Agreement or to exercise any power agreed to
hereunder will not be construed as a waiver of any right, power or obligation under this
Agreement, will not affect any subsequent breach, and will not prejudice either party as regards
to any subsequent action.
(c) SEVERABILITY. If any term or provision of this Agreement should be declared
invalid by a court of competent jurisdiction, the remaining terms and provisions of this
Agreement shall remain unimpaired and in full force and effect.
(d) SUBCONTRACTORS. The Company reserves the right to approve all
subcontractors. Nothing in this subparagraph or otherwise in this Agreement shall be construed
to relieve the Company from its obligations under this Agreement or to create any contractual
relationship between the Customer and any subcontractor, or any obligation on the part of the
Customer to pay or to see to payment of any money due any subcontractor as may otherwise be
required by law.
(e) ASSIGNMENT. Neither party may assign any rights or obligations under this
Agreement without the prior written consent of the other; provided, however, that either party
may assign any rights or obligations to a subsidiary or affiliate of that party or to any third party
assuming all or part of the business function of either party's unit which will receive or deliver
the Services and Deliverables provided hereunder upon notice of assignment to the other party.
(f) GOVERNING LAW. This Agreement will be construed and enforced in accordance
with, and governed by, the laws of the State of Texas in the United States of America without
giving effect to any conflict of laws principles. The parties hereby consent to the personal
jurisdiction of the courts of the County of Collin, Texas, and waive any rights to change venue.
10. NOTICES. All notices required by this Agreement shall be in writing and sent by Facsimile,
Federal Express, or U.S. Mail, Return Receipt Requested as provided below. Such notice shall be
sufficient for the purposes of this Agreement only if sent to the party's "Address for Service" as
listed below. Such Address for Service may be changed by either party by serving notice (in
compliance with this paragraph) on the other party. No notice sent by facsimile shall be
sufficient without a confirmation receipt.
Company's Address for Service:
VYBRANZ LLC
101 E. Broadway
Prosper, TX 75078
Facsimile:
Customer's Address for Service:
Customer: The City of Anna
Address: I I I N. Powell Parkway
City, State, Zip: Anna, TX 75409
Facsimile: (972) 924-2620
11. ATTORNEYS' FEES. In the event of any legal, equitable or administrative action or
proceeding brought by either party against the other party under this Agreement, the prevailing
party shall be entitled to recover the reasonable fees of its attorneys and any costs incurred in
such action or proceeding including costs of appeal, if any, in such amount that the court, or
administrative body having jurisdiction over such action may award.
12. CURRENCY DENOMINATIONS. All currency denominations are in United States dollars.
13. WARRANTIES; LIMITATIONS ON LIABILITY. THE COMPANY MAKES NO
WARRANTY, REPRESENTATION, OR PROMISE NOT EXPRESSLY SET FORTH IN THIS
AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN THE
SERVICES ARE PROVIDED "AS IS." THE COMPANY DISCLAIMS AND EXCLUDES
ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND
FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE. THE COMPANY DOES
NOT WARRANT THAT THE SERVICES OR RELATED MATERIALS WILL SATISFY
CUSTOMER'S REQUIREMENTS OR THAT THE SERVICES AND RELATED SERVICES
WILL BE WITHOUT DEFECT OR ERROR.
14, ENTIRE AGREEMENT, This Agreement supersedes all previous agreements between the
parties, contains the entire understanding between the parties, and may not be changed, except by
writing, duly executed by each of the parties.
15. Term. This Agreement shall remain in full force and effect for three (3) years from the date
hereof.
IN WITNESS WHEREOF, the parties hereto through their duly authorized officers or
agents have caused this Agreement to be duly executed and delivered as of the date set forth
below.
VYBRANZ, LLC:
By:
Print Name: Barry D. Nalls
Title: Member
Date:
City of Anna:
_ By:
Print Name: Philip Sanders
Title: City Manager
Date:
n
y{pUg } gpMETOWN
Council Meeting: February 26, 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: Clayton Fulton
Date Prepared: 2/19/13
Exhibits: Q Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the
city's Investment Policy
SUMMARY: The Public Funds Investment Act (PFIA) states that "the governing body
of an investing entity shall review its investment policy and investment strategies not less
than annually". To maintain compliance with the PFIA the Council must pass an
ordinance or resolution stating they have reviewed the investment policy for the City of
Anna.
Valley View Consultants, our investment advisors, have reviewed our investment policy
and have made modifications to update and improve upon current policies. The
substantive changes include the following:
• More specific and detailed policies relating to collateral pledged to the City for
deposits held by our primary depository bank
• Creation of investment strategies for specific fund types
• Responses to the market value and performance of our investments
• Setting forth policies with regard to broker/dealers and other investment providers
RECOMMENDATION: Staff recommends that the Council approves the ordinance
amending the investment policy.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING AN INVESTMENT
POLICY
WHEREAS, the City of Anna, Texas ("the City") is committed to principles and
practices of open and fair government that honor the public trust; and
WHEREAS, the City of Anna, Texas City Council ("City Council") has determined
that it is in the interests of the citizens of Anna to adopt an Investment Policy that
establishes policies and procedures to govern the management and care of public
funds;
WHEREAS, The Public Funds Investment Act ("the Act") requires annual review of
the City's Investment Policy
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. INVESTMENT Policy Adopted.
The City Council hereby approves an Investment Policy attached hereto as EXHIBIT 1
and incorporated herein for all purposes.
Section 3. Investment Policy Reviewed
The City Council has hereby reviewed the City's investment policy and investment
strategies.
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 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, declares that it would have passed each and
CITY OF ANNA, TEXAS ORDINANCE NO.
Page 1 of 2
{�0
every part of this ordinance notwithstanding the omission of any part that is declared
invalid or unconstitutional.
Section 5. Effective Date.
This ordinance shall become effective after its passage and upon the posting and/or
publication, if required by law.
PASSED by the City Council of the City of ""Cl; Texas, on this the 26th day of
February, 2013.
ATTEST: APPROVED:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS ORDINANCE NO.
Mike Crist, Mayor
Page 2 of 2
City of Anna, Texas
Investment Policy
February 26, 2013
INVESTMENT POLICY
A component part of the overall financial management of the City of Anna, Texas is an effective
cash management plan. Many factors determine the amount of funds on hand during any fiscal
year, but these fiends are an important revenue source for the City budget. It is imperative that
these funds be managed in such a way as to be responsive to the public need and consistent with
a conservative cash management plan. To provide this framework for effective cash
management, an Investment Policy and a Statement of Investment Strategy have been prepared.
Purpose:
The Investment Policy is authorized by the City Council of the City of Anna in accordance with
Chapter 2256, Texas Government Code, also known as the Public Funds Investment Act (PFIA).
The Policy addresses the methods, procedures and practices that must be exercised to ensure
effective and judicious fiscal management of City fiends. All such funds will be managed within
the guidelines of this Policy with the exception of pension and other deferred compensation plans
that are separately managed. Bond funds, in addition to this Policy, shall be managed in
accordance with their issuing documentation and all applicable state and federal law.
This Policy provides a separate written investment strategy for each of the City's funds. Each
investment strategy describes the investment objectives for each particular fund according to the
following priorities:
1) Investment Suitability
2) Preservation and Safety of Principal
3) Liquidity
4) Marketability Prior to Maturity of each Investment
5) Diversification
6) Yield
Annual Review:
The Investment Policy and the Statement of Investment Strategy will be reviewed on an annual
basis by the City Council. Revisions and/or amendments will be approved and documented by
the City Council. A written document shall attest to the annual review and amendment adoption.
Investment Objectives:
The investment of funds will be governed by the following investment objectives, in order of
priority:
1. Preservation and Safety of Principal
Preservation of capital is the foremost objective of the City.
transaction shall seek first to ensure that capital losses are avoided,
from issuer defaults, erosion of market value, or other risks.
2. Liquidity
Each investment
whether they are
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements that can be reasonably anticipated. Liquidity will be
achieved by matching investment maturities with forecasted cash flow requirements.
3. Public Trust
All employees involved in the City's investment program shall seek to act responsibly
as custodians of the public trust. All employees involved in the investment process
shall avoid any transaction which might impair public confidence in the City's ability
to govern effectively.
4. Yield
The investment portfolio of the City shall be designed to attain a market rate of return
throughout budgetary and economic cycles taking into account risk constraints and
liquidity needs. Return on investment, while important, is of less importance than
safety and liquidity.
Authorized Investments:
While the PFIA allows a wide range of eligible investments, the City has chosen to allow only
the following, which are more restrictive than the PFIA:
1. Obligations of the United States government or its agencies and instrumentalities.
2. Other obligations, the principal and interest of which are unconditionally guaranteed or
insured by, or backed by the full faith and credit of, this State or the United States or their
respective agencies and instrumentalities, including obligations that are fully guaranteed
or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and
credit of the United States.
3. Direct obligations of this State or its agencies and instrumentalities.
4. Certificates of Deposit, and other forms of deposit, issued in compliance with the PFIA
and insured by the FDIC, or when applicable, collateralized in accordance with this
Policy and the Public Funds Collateral Act.
5. Repurchase agreements placed and secured in compliance with the PFIA and,
collateralized with a minimum market value of 102 percent of the dollar value of the
transaction plus accumulated accrued interest.
6. SEC -registered, AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard &
Poor's), no-load money market mutual funds. The investment objective of the fund must
be to maintain a stable dollar net asset value of $1.00. The City may not invest funds
under its control in an amount that exceeds 10% of total assets of any individual money
market mutual fund. A fund prospectus shall be reviewed for compliance with this Policy
prior to depositing monies.
7. State or local investment pools organized under the Interlocal Cooperation Act, operating
in compliance with the PFIA and authorized by the City Council. The investment pool
2
must be rated AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard &
PoorIs). The investment objective of the pool must be to maintain a stable dollar net asset
value.
Prohibited Investments:
The City is expressly prohibited from entering into options trading or futures contracts, hedging
or purchasing any security that is not authorized by Texas State law, or any direct investment in
asset backed or mortgage -backed securities. The City expressly prohibits the acceptance of
Interest -only (10) and Principal -only (PO) Collateralized Mortgage Obligations (CMOs) as
collateral for bank deposits or repurchase agreements. No transactions may be entered for
speculation. No transaction may be entered using leverage.
Protection of Principal:
The City shall seek to control the risk of principal loss due to the failure of an issuer or grantor.
Such default risk shall be controlled by investing only in the safest types of issuers as defined in
the Policy and by collateralization as required by law.
The purchase of individual securities shall be executed by "delivery versus payment" (DVP)
method through the City's safekeeping agent. By so doing, City funds are not released until the
City has received, through the safekeeping agent, the securities purchased.
Diversification by Investment Type:
When appropriate and applicable, diversification by investment type shall be maintained by
ensuring an active and efficient secondary market in portfolio investments, and by controlling the
market and opportunity risks associated with specific investment types. Undue concentrations of
assets in a specific maturity sector shall be avoided. Bond proceeds may be invested to comply
with Federal arbitrage restrictions or to facilitate arbitrage record -keeping and calculation.
Diversification by Investment Maturity:
In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not
exceed the anticipated cash flow requirements of the funds. Maturity guidelines by fund are as
follows:
Operating Funds Strategy:
Suitability — Any investment eligible in the Investment Policy is suitable for Operating Funds.
Safety of Principal —All investments shall be of high quality with no perceived default risk.
Market price fluctuations may occur. However, by managing the weighted average days to
maturity for the Operating Fund's portfolio to less than 270 days and restricting the maximum
allowable maturity to two years, the price volatility of the overall portfolio will be minimized.
Marketability —Securities with active and efficient secondary markets are necessary in the
event of an unanticipated cash flow requirement.
Liquidity — The Operating Fund requires the greatest short-term liquidity of any of the Fund
types. Cash equivalent investments will provide daily liquidity and may be utilized as a
competitive yield alternative to fixed maturity investments.
Diversification — Investment maturities should be staggered throughout the budget cycle to
provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be
reduced by diversifying the appropriate maturity structure out through two years.
Yield — Attaining a competitive market yield for comparable investment -types and portfolio
restrictions is the desired objective. The yield of an equally weighted, rolling three-month
Treasury Bill portfolio will be the minimum yield objective.
Construction and Capital Improvement Funds Strategy:
Suitability — Any investment eligible in the Investment Policy is suitable for Construction and
Capital Improvement Funds.
Safety of Principal —All investments will be of high quality with no perceived default risk.
Market fluctuations may occur. However, by restricting the maximum maturity to the lesser of
the anticipated cash flow requirements or the IRS defined temporary period, the market risk of
the portfolio will be minimized.
Marketability —The balancing of short-term and long-term cash flow needs requires the
Construction and Capital Improvement Funds portfolio to have securities with active and
efficient secondary markets.
Li uidi —Construction and Capital Improvement Funds used as part of a CIP plan or
scheduled repair and replacement program are reasonably predictable. However unanticipated
needs or emergencies may arise. Maintaining minimum cash equivalent investment amounts will
reduce the liquidity risk of unanticipated expenditures. A singular repurchase agreement may be
utilized if disbursements are allowed in the amount necessary to satisfy any required
expenditures. This investment structure is commonly referred to as a flexible repurchase
agreement.
Diversification —Investment maturities should blend the short-term and long-term cash flow
needs to provide adequate liquidity and yield enhancement and stability. A "barbell" maturity
ladder may be appropriate.
Yield — Attaining a competitive market yield for comparable investment -types and portfolio
structures is the desired objective. The yield of an equally weighted, rolling six-month Treasury
Bill portfolio will be the minimum yield objective.
Debt Service Funds Strategy:
Suitability — Any investment eligible in the Investment Policy is suitable for the Debt Service
Fund.
G!
Safety of Principal — All investments shall be of high quality with no perceived default risk.
Market price fluctuations may occur. However, by managing Debt Service Funds to not exceed
the debt service payment schedule the market risk of the overall portfolio will be minimized.
Marketability —Securities with active and efficient secondary markets are not necessary as the
event of an unanticipated cash flow requirement is not probable.
Li uidi —Debt Service Funds have predictable payment schedules. Therefore, investment
maturities should not exceed the anticipated cash flow requirements. Cash equivalent
investments may provide a competitive yield alternative for short term fixed maturity
investments. A singular repurchase agreement may be utilized if disbursements are allowed in
the amount necessary to satisfy any debt service payment. This investment structure is
commonly referred to as a flexible repurchase agreement.
Diversification — Mar•]cet conditions influence the attractiveness of fully extending maturity to
the next "unfunded" payment date. Generally, if investment rates are anticipated to decrease over
time, the City is best served by locking in most investments. If the interest rates are potentially
rising, then investing in shorter and larger amounts may provide advantage. At no time shall the
debt service schedule be exceeded in an attempt to bolster yield.
Yield — Attaining a competitive market yield for comparable investment -types and portfolio
restrictions is the desired objective. The yield of an equally weighted, rolling three-month
Treasury Bill portfolio shall be the minimum yield objective.
Ensuring Liquidity:
Liquidity shall be achieved by analyzing and anticipating cash flow requirements, by investing in
securities WILR active secondary markets and by maintaining minimum cash equivalent
investment balances. An investment may be liquidated or redeemed prior to maturity for the
following reasons:
1. To meet unanticipated cash requirements
2. To re -deploy cash into other investments expected to outperform current holdings
3. To otherwise to adjust the portfolio.
Depository Agreements:
The City will select and designate a qualified primary bank depository in compliance with State
law and the City's purchasing policy.
All depository balances shall be insured or collateralized in compliance with applicable State
law. The City reserves the right, in its sole discretion, to accept or reject any form of insurance or
coIlateral ization pledged towards depository deposits. Depositories will be required to sign a
Depository Agreement with the City. The Agreement shall address any concerns in relation to
acceptable collateral, levels of collateral, substitution and addition of collateral, and reporting
and monitoring of collateral. The collateralized deposit portion of the Agreement shall define the
City's rights to the collateral in case of default, bankruptcy, or closing and shall establish a
perfected security interest in compliance with Federal and State regulations, including:
E
• The Agreement must be in writing;
• The Agreement has to be executed by the Depository and the City contemporaneously
with the acquisition of the asset;
• The Agreement must be approved by the Board of Directors or Designated
Committee of the Depository and a copy of the meeting minutes must be delivered to
the City; and
• The Agreement must be part of the Depository's "official record" continuously since
its execution.
Safekeeping and Custody:
The City shall contract with a bank or banks for the safekeeping of securities either owned by the
City as part of its investment portfolio or held as collateral to secure financial institution deposits
and repurchase agreements.
Securities owned by the City shall be held in the City's account as evidenced by safekeeping
receipts of the institution holding the securities. Safekeeping institutions shall be independent
from the parties involved in the investment transaction.
Collateral will be held by a third party custodian designated by the City and pledged to the City
as evidenced by safekeeping receipts of the institution with which the collateral is deposited.
Original safekeeping receipts shall be obtained. Collateral may be held by a Federal Reserve
Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third party bank
approved by the City and eligible under State law.
Competitive Environment:
It is the policy of the City to provide a competitive environment for all individual investment
purchases and sales, and financial institution, money market mutual fund, and local government
investment pool selections.
Authority to Invest:
The City Manager and Finance Director shall be the Investment Officers. The Investment
Officers shall oversee and approve any deposit, withdrawal, investment, transfer, documentation,
and otherwise manage City funds according to this Policy. No person may engage in an
investment transaction or the management of funds except as provided under the terms of the
Investment Policy, the Statement of Investment Strategy, and other operational procedures
established by the City Manager.
In order ensure qualified and capable investment management, within twelve (12) months after
taking office or assuming duties, each Investment Officer shall attend a training session relating
to his/her investment responsibilities and receive not less than ten (10) hours of instruction. On
an ongoing basis, all Investment Officers shall receive not less than ten (10) hours of instruction
in each subsequent two-year period that begins on the first day of the City's fiscal year and
consists of the two consecutive fiscal years after that date. Training will be conducted by an
independent source approved by the Investment Committee and must include education in
investment controls, security risks, strategy risks, market risks and compliance with the Public
Funds Investment Act.
Prudent Investment Management:
Each Investment Officer shall perform his/her duties in accordance with the adopted Investment
Policy and internal procedures. In determining whether an Investment Officer has exercised
prudence with respect to an investment decision, the investment of all funds over which the
Investment Officer had responsibility, rather than the prudence of a single investment, shall be
considered. Investment Officers acting in good faith and in accordance with these policies and
procedures shall be relieved of personal liability.
Standard of Care:
The standard of care used by the City shall be the "prudent person rule" and shall be applied in
the context of managing the overall portfolio within the applicable legal constraints. The PFIA
states:
"Investments shall be made with judgment and care, under• circumstances then
prevailing that a person of prudence, discretion, and intelligence 141ould exercise in the
management of the person's own affairs, not for speculation, but for investment,
considering the probable safety of capital and the probable income to be derived. "
Standard of Ethics:
Each Investment Officer shall act as custodian of the public trust avoiding any transaction which
might involve a conflict of interest, the appearance of a conflict of interest, or any activity which
might otherwise discourage public confidence. An Investment Officer shall refrain from personal
business activity that could conflict with proper execution of the investment program, or which
could impair his/her ability to make impartial investment decisions. Additionally, an Investment
Officer shall file with the Texas Ethics Commission and the City Council a statement disclosing
any personal business relationship with an entity seeking to sell investments to the City or any
relationship with the second degree by affinity or third degree of consanguinity to an individual
seeking to sell investments to the City.
Internal Controls:
The City Manager will establish a system of internal controls that shall be designed to prevent
losses of public funds arising from fraud, employee error, and misrepresentation by third parties,
unanticipated changes in financial markets, or imprudent actions by City staff. Controls deemed
most important would include, but not be limited to:
1. Control of collusion
2. Separation of duties
3. Separating transaction authority from accounting and record -keeping
4. Custodial safekeeping
5. Avoidance of bearer4orm securities
6. Clear delegation of authority
7. Written confirmation of telephone transactions
8. Documentation of transactions
7
As part of the annual audit, the Investment Officers shall facilitate an independent review by the
City's external auditor to assure compliance with policies and procedures.
Monitoring Market Value:
Market value of all collateral, mutual fiends, pools, and securities will be monitored periodically
and obtained from a reputable and independent source.
Effect of Loss of Rating:
All prudent measures will be taken to liquidate an investment that is downgraded to less than the
required minimum rating. At least quarterly, the City shall monitor the rating of all investments,
as applicable.
Exemption for Existing Investments:
The City is not required to liquidate investments authorized at the time of purchase.
Performance:
The City's investment portfolio shall be designed to obtain a market rate of return on
investments consistent with risk constraints and expected cash flow of the City. Weighted
average yield to maturity shall be the performance measurement standard.
Authorized Broker/Dealers
The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified
broker/dealers authorized to engage in securities transactions with the City. Authorized firms
include primary dealers or secondary dealers that qualify under Securities & Exchange
Commission Rule 1503 I (Uniform Net Capital Rule).
Investment Policy Certification:
All investment providers, including financial institutions, broker/dealers, money market mutual
fiends, and local government investment pools, must sign a certification acknowledging that the
organization has received and reviewed the City's Investment Policy and that reasonable
procedures and controls have been implemented to preclude investment transactions that are not
authorized by the City's Policy.
Investment Committee:
An Investment Committee comprised of the City Manager, City Finance Director and the
Finance/HR Supervisor will meet on a periodic basis. The Committee shall monitor the
investment activities; assist in the development of investment policies, strategies and procedures;
and annually review and approve the City's broker/dealers and independent training sources.
Reporting:
The Investment Officers shall prepare an investment report at least quarterly in compliance with
the PFIA. This report will be prepared in a manner that will allow the City to ascertain whether
investment activities during the reporting period have conformed to this Policy. The report will
be provided to the City Council.
In conjunction with the annual audit, the external auditor will perform a formal review of the
quarterly reports with the results reported to the City Council.
X{OUii}HOMETOWN
Council Meeting: February 26, 2013
Account Code #
Amount:
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: CitXManag_er
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an
Amendment to the City of Melissa — City of Anna Wastewater Service Agreement.
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 a separate
agreement with the City of Melissa. Earlier this month the Council approved an agreement with
the NTMWD that recognizes the City of Anna as a direct wastewater customer of the District.
With this new agreement with NTMWD it is no longer necessary for the City to have a separate
wastewater agreement with the City of Melissa. The attached Amendment provides for the
effective termination of the City of Melissa — City of Anna Wastewater Service Agreement.
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
A RESOLUTION
TO THE CITY
AGREEMENT.
CITY OF ANNA, TEXAS
RESOLUTION NO.
OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT
OF MELISSA — CITY OF ANNA WASTEWATER SERVICE
WHEREAS, on August 28, 2009, the City of Melissa ("Melissa") and the City of Anna
("Anna"), collectively referred to as the "Parties", entered into a Wastewater Service
Agreement, also described as the City of Melissa — City of Anna Wastewater Service
Agreement (the "Melissa -Anna Agreement"), and
WHEREAS, the Parties have previously agreed to work in good faith toward
restructuring or amending the Melissa -Anna Agreement upon any circumstances that
would provide relief or additional wastewater capacity being discharged by Melissa and
Anna for treatment by the North Texas Municipal Water District (the "District"); and
WHEREAS, Melissa and Anna entered into the Melissa -Anna Agreement with the
anticipation that Anna would negotiate with the District in good faith to reach a contract
directly with the District under which the District would directly provide Anna with
wastewater treatment services as a customer of the District, which would require a
restructuring of the Melissa -Anna Agreement; and
WHEREAS, the Parties have previously agreed that such restructuring should be in the
form of a separate written agreement between the District and Anna, and an
amendment to the Melissa -Anna Agreement; and
WHEREAS, Anna has approved a separate Regional Wastewater Customer Service
Contract with the District; and
WHEREAS, the Melissa -Anna Agreement provides that the Parties may terminate the
Melissa -Anna Agreement at any time upon mutual written consent; and
WHEREAS, the Parties desire to approve an Amendment to the City of Melissa —City
of Anna Wastewater Service Agreement which provides for the termination of the
Melissa -Anna Agreement;
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 Resolution
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2
The City Council of the City of Anna, Texas hereby approves the Amendment to the City
A Melissa — City of Anna Wastewater Service Agreement, 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 Amendment.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26tn
Jay of February, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2
TERMINATION OF CITY OF MELISSA - CITY OF ANNA
WASTEWATER SERVICE AGREEMENT
THIS TERMINATION OF CITY OF MELISSA — CITY OF ANNA
WASTEWATER SERVICE AGREEMENT ("Termination"), dated as of the day of
February, 2013, to be effective on the Ist day of March, 2013 ("Effective Date"), is made and
entered into by and between the CITY OF MELISSA, TEXAS, a Texas Home -Rule municipal
corporation ("Melissa") and the CITY OF ANNA, TEXAS, a Texas Home -Rule municipal
corporation ("Anna"), and on the terms and conditions hereinafter set forth. Melissa and Anna
are sometimes collectively referred to herein as the "Parties" and individually as a "Party".
WHEREAS, on August 28, 2009, the Parties entered into a Wastewater Service
Agreement, also described as the City of Melissa — City of Anna Wastewater Service Agreement
("Melissa -Anna Agreement"), attached hereto as Exhibit "A" and incorporated herein for all
purposes; and
WHEREAS, Melissa and Anna entered into the Melissa -Anna Agreement with the
anticipation that Anna would negotiate with the North Texas Municipal Water District
("District") in good faith to reach a contract directly with the District under which the District
would directly provide Anna with wastewater treatment services as a customer of the District,
causing the Melissa -Anna Agreement to no longer be necessary; and
WHEREAS, Anna anticipates entering into a separate Regional Wastewater Customer
Service Contract with the District in the near future; and
WHEREAS, pursuant to Paragraph VII(D) of the Melissa -Anna Agreement, the Parties
may terminate the Melissa -Anna Agreement at any time upon mutual written consent; and
WHEREAS, the Parties, by this Termination, desire to provide for the termination of the
Melissa -Anna Agreement as set forth herein.
NOW, THEREFORE, the Parties mutually agree to the following terms and conditions:
SECTION I. RECITALS
The recitals set forth above are incorporated into this Termination as if set forth in frill for all
purposes.
SECTION II. TERMINATION OF MELISSA-ANNA AGREEMENT
The Melissa -Anna Agreement, attached hereto as Exhibit "A", is hereby terminated as of the
Effective Date of this Termination, subject to the fulfillment of Anna's obligation set forth in
Section III (Final Invoice and Payment) below.
SECTION III. FINAL INVOICE AND PAYMENT
Within ten (10) business days of the Effective Date of this Termination, Melissa shall send a
final invoice to Anna for all outstanding amounts owed to Melissa under the terms of the
Melissa -Anna Agreement. Within thirty (30) days of receipt of said final invoice, Anna shall
remit to Melissa any outstanding payments due to Melissa under the terms of the Melissa -Anna
Agreement. Upon receipt of Anna's final payment by Melissa, the Parties agree that all of the
Parties' obligations under the Melissa -Anna Agreement will have been fully satisfied, thereby
rendering the same terminated and of no force and effect. Should Anna fail to tender the
outstanding payments as provided in this Section, the Parties agree that Melissa shall have any
and all rights and remedies available to it for payment thereof as set forth in the Melissa -Anna
Agreement.
SECTION IV. EXECUTION AND DELIVERY OF DOCUMENT
Upon consideration and action by the governing bodies of each Party, two (2) originals of this
Termination shall be executed, with one original being delivered to the other Party. The Parties
agree that this Termination may be executed in number of identical counterparts, each of which
shall be deemed an original for all purposes.
THIS TERMINATION WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ANNA at its Regular meeting on the day of , 2013, with
authorization for the Mayor to execute the Termination on behalf of the City of Anna.
CITY OF ANNA
ATTEST:
CITY SECRETARY MAYOR
THIS TERMINATION WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
MELISSA at its Regular meeting on the day of 2013, with
authorization for the City Manager to execute the Termination on behalf of the City of Melissa.
CITY OF MELISSA
ATTEST:
LINDA BANNISTER, CITY SECRETARY JASON LITTLE, CITY MANAGER
EXHIBIT "A"
City of Melissa —City of Auna Wastewater Service Agreement
The City of Melissa ("Melissa") and the City of Alma ("Anna's hereUy enter into this
Wastewater Service Agreement (this "Agreement"), with an effective date of t 6 V --
WHRE,AS, Melissa and the North Texas Municipal Water District (the "District") have
duly entered in to an "Amended Regional Wastewater Customer Service Contract for Customer
Service with the City Of Melissa" dated January 27, 2009 (the "Melissa-Disbict Contract'),
attached hereto as Exhibit A, which requires the District to operate and maintahx a wastewater
collection and treatment system to provide wastewater service to Melissa; and
WHEREAS, Melissa represents and warrants that the Melissa -District Contract is the
only current agreement between Melissa and District concerning District's provision of
wastewater collection and treatment services to Melissa mid that this Agreement is in no way
limited by or in conflict with the Melissa -District Contract; and
WIiEREAS, Melissa and Anna have contracted to jointly fund the construction of
certain portions of the Throckmorton Creek outfall main and the recently constructed Clemons
Creek outfall main as more fully defined in the joint construction agreements for said lines
including the hnterloeal Agreement By and Between the City of Melissa, Texas and the City of
Anna, Texas for Clemons Creek executed by Melissa on March 1, 2004 mid by Anna on March
3, 2004 and the Interlocal Agreement By mid Between the City of Melissa, Texas and the City
Uf Anna, Texas for Throcknnorton Creek and Trinity River Sewer lines executed by Melissa on
May 26, 2006 and by Anna on May 19, 2006, attached hereto, respectively, as Exhibit B and
Exhibit C, and referenced herein collectively as "Interlocal Agreements'; and
WIII;REAS, Melissa and Anna have each entered into and executed respective
agreements for debt financing for said wastewater outfall mains and appurtenances, said rnabts
and appurtenances to be collectively referenced herein as the "System". and
WHEREAS, Melissa mid Anna desire to specify an agreed amount of available
wastewater flow capacity through the System for Anna by allocating a certain portion of the
Melissa wastewater flow capacity under the Melissa -District Contract to Anna; and
WHEREAS, Melissa and Anna agree tinat planning for regional treatment will be more
cost effective than continubng to construct small phases of local wastewater treatment facilities;
and
WIiEItEAS, Melissa and Anna mutually agree to be subject to the provIsians of Texas
Govercunent Cade §791.001, et seq., tine Interlocal Cooperation Act, mid other applicable
sections, statutes, and contracts pursuant thereto and that all fees and costs incurred by either
party as a result of their respective obligations hereunder shall be paid from current revenues
legally available to cacti party.
NOW, THERE FORE, Melissa and Anna mutually agree to the following terms and
conditions:
Clty ofMelissa —City of Anna Wastewater Service Agrre,mont PflSe t
I. RECITALS
The recitals set forth above are incorporated into this Agreement as if set forth in full for
all purposes.
Th PURPOSE
The purpose of this Agreement is for Melissa to make an allocaiion to Anna a certain
portion of the wastewater flow capacity that Melissa is guaranteed under the Melissa,,
District Contract, which is incorporated herein by reference for all purposes, so that Anna
.., .utiii7( f�€ S�CSt� Its k� diSs1?L�rSPP4 infn the Mrlicca nnrt of fhP Svetam nnrtnin s orepA.&
A. It is agreed that the wastewater discharged by Acura through the ,Anna
metering stations —which shall be located at and measure the flow of Anna
wastewater into Point of Entry A and Point of Entry B as described in further
detail in the Melissa -District Contract —and into the Melissa part of the
System shall not exceed:
1. An average daily flow of 333,200 gallons or a maximum day flow
of 833,000 gallons at Point of Entry A; and
2. An average daily flow of 644,000 gallons or a maximum day flow of
1,610,000 gallons at Point•of Entry B.
B. All wastewater discharged by Anna under this Agreement shall meet the
effluent quality standards specified in the Melissa -District Contract and Anna
must at all times comply with applicable state and federal law.
C. The geographical area from which Anna may collect and transfer wastewater
into the Melissa part of the System is limited to the area illustrated on the
attached Exhibit D, titled "Service Area Map B."
D. The location of Point of Entry A and Point of Entry B are as more particularly
described on the attached Exhibit E.
N. AMOUNT OF PAYMENT FOR FLOW VOLUME AND RELATED WASTEWATER
SERVICES
A. Charges for service to Anna shall be determined by the current unit cost per
thousand gallons as provided for in the Melissa -District Contract as applied to
Melissa —Anna Wastewater Service Contract for service within areas of Anna page 2
8/18/2009
Anna's combined actual am 141ow gallons as measured by the metering
stations at Point of Entry A and Point of Entry B.
B. In addition, Anna shall be charged for System maintenance in accordance with
the provisions regarding same and set forth in the Interlocal Agreements.
C. Melissa and Anna agree that Anna has, as of the date of this Agreement, not
satisfied the obligation to pay its portion of the right-of-way acquisition costs
as required in the Interlocal Agreements, said amount being a total of One
Hundred Eighteen Thousand, Three Hundred nuirty-Two and 00/100 Dollars
($118733100) (the "Right -of --Way Costs"), Simultaneously with its execution
of this Agreement, Anna shall tender the Right -of --Way Costs to Melissa,
which shall be in fall and final satisfaction of Anna's obligations with respect
to right-of4ay acquisition costs to date under the Interlocal Agreements,
V. PAYMENT PROCEDURES
Payments for service shall be made monthly by Attna to Melissa consistent with the
payment provisions of the Melissa -District Contract, subject to following special
provisions:
A. Melissa shall send a written invoice to Arena on the ls` of each month (meter
reading shall be by either Melissa or District) showing Ute amount of actual
flow for that billing period and any maintenance costs. Each month's invoice
is due to be paid within 10 days of Anna's receipt of the invoice. If an invoice
remains unpaid for more than 30 days after it was sent, a late charge in the
amount of 10% of the invoice shall accrue.
B. The first monthly payment due each fiscal year shall be twice the calculated
monthly payment with no payment due during the last month of the fiscal year
except for costs caused by adjustments based on actual flow or System
expense. At the end of each fiscal year, any deficit shall be billed to Anna and
any credit shall be applied to Anna's billing for the next fiscal year.
VI. OTHER
A. 'Title to all wastewater shall be in Attna unfit discharged at any Point of Entry
into Melissa's part of the System, as such points ate identified hereht and at
which point title to such wastewater shall pass to Melissa. Melissa reserves
the right of re -use of wastewater treated effluent to the extent authorized by
the State of Texas.
B. Ownership of the wastewater meter that measures the Anna volume on each
transmission main passing through Entry Point A and Entry Pohtt B shall be
vested with Melissa until such time as the District accepts ownership of said
meters, at which time ownership of the meters and meter vaults shall be vested
in District. Until then, the wastewater meters at Entry Point A and Entry Point
B herein shall be maintained by Melissa in accordance with the Distxict's
Htcllssa —Anna Wastewater Service Contract for service within areas of Anna page 3
3/l8/2009
Standard Maintelnalnce Policy fox such meters. Anna shot! have the right to
request verification of the accuracy of the meters by witnessing Melissa's
calibrations. Should disagreement arise regardutg the accuracy of the meters,
Anma shall have the right to have an outside meter company evaluate the
meters with Melissa personnel present once m any six (6) month period. Any
meter adjustment shall not be for a time period greater than six (6) months.
C. Anna and Melissa shall each have access to meters and controls on the meter
station sites where the Anna flow is transferred into the Melissa part of the
System.
D. Melissa and Anna hereby agree to work in good faith toward a restructuring of
this Agreement upon any circumstances that would provide relief or additional
wastewater capacity being discharged by Melissa for treatment by the District
or would otherwise allow for greater treatment capacity. The goal of such
restructuring will be to provide the City of Anna with wastewater flow
capacity consistent with Melissa's Obligation set forth in the previous
Tnterlocal Agreements. Such restructuring shall be in the form of a separate
written agreement between District and Anna or an amended agreement
between District and Melissa in the event that Anna is unable to secure after
negotiating in good faith, an agreement directly with the District for increased
capacity.
E. Anna and Melissa agree to perform their obligations under this Agreement
consistent with the Melissa -District Contract.
VIT. TERMlTEItMIN'ATTON
A. The term of this Agreement is indefinite unless otherwise agreed to in writing
by the parties in accordance with applicable law and/or unless terminated
earlier as provided herein.
B. No party shall be in default under this Agreement until written notice of the
alleged failure of such party to perform has been given (which notice shall set
forth in reasonable detail the nature of the alleged failure) and until such party
has been given a reasonable time to cure the alleged failure (such reasonable
time determined based on the nature of the alleged failure, but in no event less
than thirty (30) calendar days after written notice of the alleged failure has
been given, however, such period shall be extended for such reasonable
periods that may be required under the circumstances so long as the breaching
party is diligently prosecuting the cure of such breach to completion not to
exceed ninety (90) calendar days from receipt of the notice of failure to
perform described herein. The non -defaulting party may, at its sole option
and in writing, extend the time to cure for a duration reasonable under the
circumstances.
C. In the event that a party materially breaches tills Agreement after being
provided with the notice described in Patagrnph VIT(B) and failing to cure fire
Melissa —Anna wastewater Service Contract for service within areas of Anna page 4
8/I S/2009
breach as provided therein, Dither party shall have available to it all rights and
remedies at law or in equity. In a suit for breach of this Agreement, the
prevailing party shall be entitled to its reasonable and necessary attorney fees.
D. The parties may terminate this Agreement at any time upon mutual written
consent.
THIS COTVTIiACT APPROVED BY THE City Council of the City of Anna at its Regular
meeting on the _2.90' day of K r_ 2009, with authorization for the Mayor and
City Secretary to execute the agreemer t on behalf of the City of Anna.
CITX OF ANNA
THIS CONTRACT REVIEWEll A�u�`tTBD BY TIIG CITY COUNCH, OF THE
CITY OF MELISSA in a Regular meeting on the ' ' , ) r14 day of 'f ..0 .) I .
2009 with authorization for the Mayor and City Secretary to execute the agreem&t on behalf of
tlic City of Melissa.
CITY OF ]YIELISSA
Melissa —Anna Wastewater Service Contract for service within areas ofAnna page 5
8/18/2009
Council Meeting: February 26I 2013
Account Code #: N/A
Budgeted Amount:
n
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Natha Wilkison
Date Prepared: 2-21-1
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding appointments to the
Anna Economic Development Corporations Anna Community Development Corporation
and the Parks Advisory Board. (City Council)
SUMMARY: There is a vacancy on Anna EDC/CDC Corporations. Place 5 is
vacant at this time. There are four (4) applicants for your consideration. There is a
vacancy on the Parks Advisory Board. Place 2 is vacant at this time. There are two (2)
applicants for your consideration.
RECOMMENDATION: Staff recommends appointments to the Anna EDC/CDC
Corporations and the Parks Advisory Board..
APPLICATION FOR
CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS
Noto: Applications will be held for one (1) year.
Board/Commission Preference:
® EDC —Economic Development Corporation
❑ P&Z —Planning and Zoning Commission
❑ Board of Adjustments
Name: Bobby Graham
Hame address: 213 Niagara Falls Dr
❑CDC —Community Development Corporation
Crl Parks Advisory Board
Home Telephone: 972-467-73$0 Home Fax:
Mome E-mail: bgraham15@msn,com Anna resident far 3
Profession/occupation:
Business Name: Kemper Insurance
Business Address: $360 LBJ Freeway Dallas TX 75243
Business Telephone: 800456A 919x1203 Business Fax: $66-616-9450
Business E-mail: bgraham@kemper.com
years
Special knowledge or experience applicable to board/commission function:
Worked as auto material damage manager for over 12 years and managed
both as stake holder, subject matter expert and business analyst. I feel I would b�
candidate in participating and moving projects forward. I am vested in this commt�
Other information
Member of Gra
church and
on
where the council deems a best flt. Coach a homeschooi middle schoo{ league -
CPR vN.T. Chargers.
Have you ever been onvicted of a felony or a crime involving moral turpitude? NO
13
Signature J 1 Date
Please return completed a,vplication to:
Offioe of the City Secretary
111 N. Powell Parkway
PO Box 776
Anna, TX 75409-0776
972-8243325
972-924-2620 FAX
nwilkison(a3annatexas.gov
FEB 14 20t'{
ooarcuuommit3t3ron rreterence:
®D EDC —Economic Development Corporation
I PU —Planning and Zoning Commission
Board of Adjustments
Name: Alonzo TUtSOn
®CDC -Community Development Corporation
❑ Parks Advisory Board
Home Address: 1601 White Oak Rd
Home Telephone: 214-397-9267 Home Fax: 97M24-7021
one E-mall: atutsonmisd@yahoo,cm Anna resident for
Profession/occupation:
Business Name: Collin County
Center
Business Address: 2100 BtoomdaleMcKinney, TX 75071
Business Telephone: 97M46-3627
Business E-mail:
ICO.C011ill.tX.�1S
Special knowledge or experience appficabte 1
I have served on numerous baarus and
,and national levels.
Other information (e.g., civic activities):
Have ou ever be%e � convict of a felony or
Signature /
Please reium completed annlicaiion to:
Office of the City Secretary
111 N. Powell Parkway
PO Box 776
Anna, TX 75409-0776
Fax
boardJcornmission function:
years
lesions on the Iccal (McKinney), state
crime involving moral turpitude? IVO
02I13/12
Date
FEB 13 2013
972-924-3325
972-924-2620 FAX
nwilkison@annatexas.gov
11130V1 1
f
Career Obiective: My career objective is to vein an environment where my knowledge and skills can be utilized while
contributing towards the overall goal of the team.
Summary of Qualifications: Able to prepare, analyze and input data, schedule and facilitate conferences, create safe and
teachable working environment. Able to implement expert organizational skills by structuring diverse coop -programs
between various sectors in the community.
Work History:
Collin County Government Center- McKinney, Texas 01/16/2013-Present
COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT CLERK
• Provides administrative and clerical support by answering calls, assisting clients, preparing correspondence,
maintaining files and records
• Entering data into computer system, and processing paperwork.
• Maintaining confidentiality
• Other duties include receiving payments, balancing cash drawer and preparing bank deposits.
McKinney Housing Authority- McKinney, Texas, 08/Ol/09-01/14/2013
BOARD OF COADUSSIONERS CHAWLAN
• Hire, direct and evaluate the Executive Director.
• Ensure effective organizational planning.
• Ensure adequate organizational resources. Approve administrative, program and project budgets.
• Manage resources effectively. Review financial and audit reports.
• Conduct annual public hearing for the agency's Public Housing Authority plan, (PHA Plan) as required by HUD.
Adopt annual resolution and certifications regarding PHA Plan.
• Approve the agency's annual Section 8 Management Assessment Program (SEMAP) submission as required by
HUD.
• Adopt, review and revise MHA Section 8 Administrative Plan, MHA Personnel Policy, MHA Procurement Policy
and associated matters. Review proposals for new, or changes to existing, housing programs or projects.
• Review legal matters.
• Act on such other matters that may properly come before the McKinney Housing Authority Board of
Commissioners.
McKinney ISD -McKinney, Texas, 07/15/2001-01/0712013
EDUCATOR/ SITE MANAGER CHH�DCARE PROGRAMS
• Instruct various subjects including: math (Algebra), science, social skills, leadership, history, health and Language
Arts.
• Responsibilities Include: Completes, maintains, or assigns preparation of attendance, activity, planning, or personnel
reports and records for officials and agencies. Confers with parents and staff to discuss educational activities, policies,
and student behavioral or learning problems.
• Evaluates programs to determine effectiveness, efficiency and utilization and to ensure activities comply with federal,
state, and local regulations
• Determines allocations of funds for staff, supplies, materials, and equipment and authorizes purchases
e Reviews and interprets government codes and develops programs to ensure facility safety, security, and maintenance.
Writes articles, manuals, and other publications and assists in the distribution of promotional literature.
Page 2 Alonzo J. Tutson
Youth Services Council, Richardson, Texas, 08/Ol/1999-06/03/2001
TEACHE R/ASSTANT DIRECTOR
o Collects and analyzes survey data, regulatory information, and demographic and employment trends to forecast
enrollment patterns and curriculum changes.
® Completes, maintains, or assigns preparation of attendance, activity, planning, or personnel reports and records for
officials and agencies. Confers with parents and staff to discuss educational activities, policies, and student behavioral
or learning problems.
® Coordinates outreach activities with businesses, communities, and other institutions or organizations to identify
educational needs, and establish and coordinate programs. Counsels and provides guidance to students regarding
personal, academic, or behavioral problems.
® Determines allocations of funds for staff, supplies, materials, and equipment and authorizes purchases
® Determines scope of educational program offerings and prepares drafts of course schedules and descriptions to
estimate staffing and facility requirements Directs and coordinates activities of teachers or administrators at daycare
centers, schools, public agencies, and institutions
EDS, Plano, Texas, 09/06/1993-02/21/1998
SHIPPING/RECEIVING Supervisor of Technical Products Div. RA Dept.
Supervises and coordinates activities of workers engaged in verifying and keeping records on incoming and
outgoing shipments, and preparing items for shipment: Studies shipping notices, bills of lading, invoices, orders,
and other records to determine shipping priorities, work assignments, and shipping methods required to meet
shipping and receiving schedules, utilizing knowledge of shipping procedures, routes, and rates.
® Oversees incoming and outgoing shipping activities to ensure accuracy, completeness, and condition of shipments.
® Determines space requirements and position of shipment in boxcars and trucks and lays out position of shipment.
• Determines routing and legal load limits of trucks, according to established schedules and weight limits of states.
® Inspects loading operations to ensure compliance with shipping specifications, and seals loaded boxcars and truck
doors.
® Inspects material handling equipment for defects and notifies maintenance personnel or contacts outside service
facility for repair.
0 Directs movement of shipments from shipping and receiving platform to storage and work areas.
• Compiles records of unfilled orders.
® Posts weight and shipping charges.
• Prepares bills of lading.
Training and preparing staff in accordance to OSHA Regulations and Standards
Page 3 Alonzo J. Tutson
Education and Certifications:
Early Childhood Development/ Child Care Certification: Texas A&M University, College Station, TX, 2012
Board of Commissioners Certification Levels I, H, & no, Nelrod Consortium, Ft Worth, TX, 2012
B.S.Interaise] plinary Studies (EC-6): Paul Quinn College, Dallas, TX, Currently Enrolled
McKinney Experience Leadership Program: McKinney Chamber of Commerce, McKinney, TX, 2011
Licensed Childcare Site Manager: Texas Office of The Attorney General, Austin, TX, 2011
CertificateofAppreciation: City Of McKinney Housing and Community Development Plan, 2010
Texas Open Meeting Certification: Texas Office of The Attorney General, Austin, TX, 2009
Early Childhood Development Degree: Ashworth College, Atlanta, GA, 2005-2007
B.A. Ministry: ACTSII Ministy School: Van Alstyne, TX, 2003-2005
Ordained in the Ministry: World Ministry Fellowship, Plano, TX 2004
Cultural Diversity Diploma: MefLife Institute, Washington DC, 2002
Christian Education Certificate: Southern Baptist Assoc., First Baptist Church, McI�inrney, TX, 2001
Leadership Diploma: McKinney Chamber of Commerce, McKinney, TX, 2001
Licensed to the Ministry: Southern Baptist, St. Mark Missionary Baptist Church, McKinney, TX, 1999
Associates Degree: Health/ Physical Education: Academy of Health &Science, Ft. Sam Houston, San Antonio, TX, 1991
CPR First Aid Certification: 1991-Present
Class A CDL with P and S Endorsements
Civic Activities:
McKinney Housing Authority Board Chair, City of McKinney, TX, 2010-2013
McKinney Housing Authority Board Member, City of McKinney, TX, 2009-2010
McKinney Evaluation and 5-Year Action Plan Committee, City of McKinney, TX, 2010
U.S. Census Complete Count Sub -Committee, City of McKinney, TX, 2009-2010
P.R.LDE. Area Leader, City of McKmney, TX, 2008- Present
Holy Family School Board of Trustees, City of McKinuey, TX, 2004-2005
Neighborhood Action Committee, City of McKinney, TX, 2001- 2005
Parks and Rec. Sub -Committee, City of McKinney, TX, 2001-2004
Volunteer McKinney, City of McKinney, TX, 2000-2005
City Council At -Large Candidate, City of McK incy, TX, 2001
Faith Based Branch of the McKinney Chamber of Commerce, City of McKinney, TX, 2001-2002
Head Track Coach, Collin County Boys & Girls Club, 1996-2002
Transportation Board, City of McKinney, TX, 1998-1999
Community Task Force, City of McKinney, TX, 1997-1999
Additional Skills:
SCHOOL ADMINISTRATION WORK; TRAINER OF EDUCATORS, TEACHING; PHYSICAL EDUCATION;
ATHLETICS COACHING; ATIII,ETICS TRAINING; SCHOOL COUNSELING; TUTORING; CURRICULUM
DEVELOPMENT WORK; EDUCATION RESEARCH WORK;ORIENTATION TRAINING; WRITING; EMERGENCY
MEDICAL TECH WORK; MEDICAL ASSISTING; ADVANCED KNOWLEDGE OF MICROSOFT OFFICE
WINDOWS, EXCEL AND ACCESS; TYPING 45 WPM
2013-02-06 21A9 2Np CHANCE MINISTRY 972-924-7383 >> 9729242620
APPLICATION run
CITY COUNCIL APPOINTED BOARDS AND COMMISSIONS
Wale: Appikafinng wtil fie held for one (i) Mr.
Board/Commissloo Pf0erence:
■PU �Plannlng and Zoning Commission
■ Board of AdJustments
Name: A� TWA FUGETT
Home Address: 922 BENS DR
Home Telephone: 972'924'73$3 Home Fax:AA11E
Home E-mail: FFUGE17@HOTMAIL,GOM Anna resident for 4 years
Profession/accupatton:
eustness tVam�: TY FARM 1;3U�EAU
Business Address: 200 FM 1417 SHERMAN, TX 75092
Business Telephone: 903'893-4393 Business Fax:
tusiness E^mail: FFUGETT TXF8=lNS.GOM
Special knowiedrie or experience applicable to board/commission function:
DMAIRED t3RAY84N COUNTY NAACP FREEDOM FUND DIVERSITY
Kilt It lkii
LIDENSED M1�51t3NARY COGIC; STATE t�F YX TaC FiEI,lOi7US Vt�1,UNTEER
it 506A
�M
�7z-sza-3�zs
972-924282Q FAX
f1WtIki40n�rliSflBiGXd5.$6v
FEB t77
A.
Noto: AppllcaUons will beheld for one (9) year.
Board/Commission Preference:
d EDC —Economic Development Corporation
❑ P&Z —Planning and Zoning Commission
❑ Board of Adjustments
Name: LaShardar Jarvis -Wells
0 CDC —Community Development Corporation
❑ Parks Advisory Board
Will Address: 116 Meadow Lark Lane, Anna, TX 75409
Home Telephone.�972) 924-4818 Home Fax:
Home E-mail; lashardarj@aol.com
Profession/occupation:
Business Name: Capital One Financial
a resident for �
Business Address: 7933 Preston Road, Plano, TX 75024
Business Telephone: Business Fax:
Business E-mail: lashardar.jarvis@capitalone.com
Special knowledge or experience applicable to board/commission function:
See attachment
Other information (e.g., civic activities):
See attachment
Have you ever be � convicted,-pf a felony or a crime involving moral turpitude? No
A
January 22, 2013
ture Date
Please
return completed wpiicatfon to:
Office of the City Secretary
111 N. Powell Parkway
PO Box 776
Anna, TX 75409=0776
years
972-924-3325
972-924-2620 FAX
nwil kison@annatexas.gov
JAN � 9 2013
Special knowledge or experience applicable to board/commission function:
I have been working at Capital One Financial since 2001. 1 have a varied
knowledge of business and financial risk which I am currently applying to my
daily job role. Given the current needs and growth projections of Anna, I would
like to be a part of guiding the city in positive productive growth conducive to job
development and large industry attraction. My education and business
experience wilt be a positive asset in helping make Anna one of the best cities in
Collin County to live and work in.
®that information (e.g., civic activities):
I have worked with Capital One in various projects in a volunteer capacity. I have
taught financial literacy to kids in area schools, worked on projects with the boys
and girls club, donated and sorted food at the North Texas Food Bank, and
collected items and put together care packaged for troops just to name a few. I
have also worked with Capital One to donate funds to help kids in Anna area
schools attend education trips to improve their development. Currently, I am in
the process of working with Capital One to provide Anna Middle School with help
to purchase technology equipment to help our. student be on par with neighboring
school district.
APPLICATION FOR
�,TY�x�„r,�.TFx�s CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS
Nofe: Applications w111 beheld for one (1) year.
Board/Commission Preference:
❑ EDC —Economic Development Corporation
❑ P&Z —Planning and Zoning Commission
❑ Bo�r�of Adjustments �`\
Name:
Home Address:
Home Telep
Home
Profession/occupation:
Business Name:
Business Address:
Business Telephone:
Business E-mail:
❑ CDC —Community Development Corporation
Parks Advisory Board
k>�D �� Home
resident for ' r`"�1 years
iness Fax:
or experience applicable to board/commission function:
Other information (e.g., civic activities):
f•'v:!
of a felony or a crime involving moral turpitude?
Date
Please return completed_application to:
Office of the City Secretary
111 N. Powell Parkway
PO Box 776
Anna, TX 75409-0776
■ - ,i
FEB 1 " 79t3
� �-
flainallimson
From: sandra corless <%Ocm y05011@yahoo.co111>
Sent: Monday, February 11, 2013 12:14 PM
To: Natha Wilkison
Subject: Park Board
733 Mahognay Dr
anna,Texas 75409
214-693-6655
candv05011C�yahoo,com
Objective
To earn a position with a progressive company that offers the possibility of long-term development and
growth.
Employment
SKILLS
Top Management, budgets, human resources ,office management.
Tuesday Morning
2010 -2012
Retail, department head, cashier, stocking,etc
McKinney, Texas
Enterprise Auto Leasing
zoos -zoos
Driver, Customer service, transfer autos to customers, and
branches,
Dallas, Texas
1
Education
Professional Driver
Lennox Industries, Dallas, Texas
2001-2005
Customer Service, Sold A?C parts and supplies ali over
Texas and Canada
Holiday Retirement Corp, United States
Director of senior properties and acquisition of new
properties
Natha:
My printer is not working. I will come by and get an
application. I'm sending this to you as I was not able to
copy either.
Thank YOU,
Sandy
1991-1994
North Texas University
1963-1965
Associates two years
Denton, Texas
z
REFERENCES upon request
Sandra Corless
Click here and enter Information.
Sa.r��y C®r 1 ess
CITY OF ANNA
APPLICATION FOR
CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS
Note: Applications will be held for one (1) year.
Board/Commission Preference:
❑ EDC —Economic Development Corporation ❑CDC —Community Development Corporation
❑ P&Z —Planning and Zoning Commission El Parks Advisory Board
❑ Board of Adjustments
Name 1,
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Home Address:!`-w.
Home Telephone:(Home Fax:
JL
Home E-mail: ��# �,�:t, €� Anna resident for,° years"= C'
Profession/occupation (please attach current resume 1 `,{`t' r "s.
Business Name: NK
Business Address I ` i�f q�.I
.�z
Business Telephone:( t t" .f ` Cr//`� Business Fax:
Business E-mail i,;.� co v y
Special knowledge or experience applicable to board/commission function:
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t= C ter
Other information (e.g., civic activities):
Have you ever been convicted of a felony or a crime
'Signature ;
Please return completed application to:
Office of the City Secretary
I I I N. Powell Parkway
PO Box 776
Anna, TX 75409-0776
involving moral turpitude?
! (_'
r i`i
Date IF
972-924-3325
972-924-2620 FAX
nwilklson@annatexas, gov
JAN 2 � 2013
� i l
Kelly L Hoggatt, LMT
611 N Sherley Ave
Anna, TX 75409
keil ho gatt@aol.com
Objective
Position on the Parks Board that will utilize my strong people skills, knowledge of the wants and needs
of families in the community, as well as my organizational abilities, and business experience.
Qualifications
As a mother of four children, as well as my involvement with Anna Youth Sports Association, I can offer
both knowledge and experience with the tasks at hand.
Education
2/08 Graduated from Universal Body Wellness
9/03-5/06 Graduated Cum Lade from Navarro College
9/93 Anna High School in Anna, Texas
Relevant Experience
4/08-Present Self employed licensed massage therapist
5/03-2/06 Comcept Division - L3 Communications, Rockwall, TX
Facilities Coordinator/Project Administrator
Duties: General Clerical -(phones, typing, filing, copying...) data entry, schedule
meetings, travel arrangements for management, etc. Organize information and
attendees for large multi level meetings. Some security responsibilities,
8/01-5/03 Youth Direct Ministries - Duncanville, Texas
Project Administrator
Duties: General Clerical -(phones, typing, filing, copying...) data entry, donation entry
(Peachtree). Organize, develop, arrange, and implement programs for youth in
detention. Frequent phone and email communication with volunteers and
coordinators nationwide. Completion of all other tasks assigned.
10/02-3/03 Pier 1 Imports - Cedar hill
Sales Associate (Temporary for Holidays)
Duties: Sales, stock shelves, assemble furniture, organize displays, clean store.
9/99-8/01 Stay at home mom and ran a part time daycare in my home.
3/98-9/99 Baptist General Convention of Texas - Dallas, Texas
Financial Secretary
Duties: General clerical, balance budget and generate monthly reports, check
requisitioning, time sheet management for State Directors, and organization of staff
and Director's meetings.
7/94-1/98 Dr. Michael Samuels, D.O.
Office Administrator
Duties: General clerical, greet patients, scheduling appointments, billing, insurance
billing, check requisitioning, and maintained medical records and files. Customer
service.
Council Meeting:_ February 26, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-21-13®�
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 iteins 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).
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 26 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-21-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for February 26, 2013 City of Anna Special Meeting or any Closed Session
occurring during this Special Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Council Meeting:_February 26t 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 14
City Secretary's use oily
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-21-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.