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2013-03-26 Workshop & Regular Meeting Packet
CITY COUNCIL MEETING SIGN IN SHEET DATE:�I� 6� 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/Spealcer Registration Foi7n. Please hand the Opinion/Spealcer Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS �`� is ' ' _ i -_ - �' _ _ - _ _� ..a if Sf ��cxi.Yt t E� LC.� ��� Ltt G��f,ai LCt�E L i F�Lf�.L�F i�., ft �,S UEt it[ ����Zri� CX[� L� �C'.�L C�SaE�fC�� C 6e# re€�ti��c� � � door ��c� ����� �.��� ��.� ��€� �d�ss i���€x� ��.��c���rr� �€�� = pres���a�f�r�r f� � fiatr� ��i� n���� €�� ��- �ta��r��� �€ i��r €� �€��� ��� ��c�� �r�� �€�t����F ��ea�e �t���t��� �r� ��f� ��� ��.� e�f���l €�t��. . F��c�acd€'�� �gend� �te� t�v. ��- � ���ei� ltlt���i�t� �� � .-?� /� r�t�e�fi�� �C�s� ����€ �� ����ssa��� �xi:c cvz_. . f � � m-� c��F�i°��. Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP March 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., March 26, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. 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); discussion regarding legal aspects of a utility easement; discussion regarding legal aspects of a contract for park improvements. b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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 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 rivo working days prior to the meeting so that appropriate arrangements can be made. 03-26-13 CC Regular Meeting Agenda.doc 1 Posted 03-22-13 4. Consider•/Discuss/Action on any items listed on posted agenda for March 26, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 5. Adjourn. This is to certify that I, Natha Willcison, 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., March 22, 2013. i l��i� �%u�2�%�o�t 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. 03-26-13 CC Regular Meeting Agenda.doc 2 Posted 03-22-13 Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING March 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., March 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 Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 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, congratzrlations, 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 zrpcoming 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 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 bvo working days prior to the meeting so that appropriate arrangements can be made. 03-26-13 CC Regular Meeting Agenda.doc 3 Posted 03-22-13 5. Consent Items. These items consist of non -controversial or• "housekeeping" items required by law. Items may be considered individually by any Council member making sarch regarest prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of March 12, 2013. b. Authorization to solicit bids for the 2013 Street Rehabilitation Project (James Parkman). c. Review CDC Regular Minutes of February 7, 2013. (Jessica Perkins) d. Review EDC Regular Minutes of February 7, 2013. (Jessica Perkins) 6. Presentation and approval of the Fiscal Year 2012 Audit Report. (Clayton Fulton) 7. Briefing/Discussion regarding the FY 2014 Budget Calendar. (Clayton Fulton) 8. (a) Public Hearing: To consider public comments regarding an amendment to Anna's Master Thoroughfare Plan/Comprehensive Plan on areas commonly known as "Anna Town Center". (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance amending Anna's Master Thoroughfare Plan/Comprehensive Plan along areas commonly known as "Anna Town Center". (Maurice Schwanlce) 9. (a) Public Hearing: To consider public comment on a request by Bobby L. Samuel III, representative for the "Anna Town Center No. 5/HSLT, LTD" requesting an amendment to Zoning Ordinance No. 129-2004, changing the zoning from SF-72 (Single Family Residential) to C-1 (Restricted Commercial). The tract contains approximately 10 acres. The entire property is generally located East of South Powell Parkway and North of County Road 422. (Maurice Schwanlce) (b) Consider/Discuss/Action regarding an ordinance amending Zoning Ordinance No. 129-2004, changing the zoning from SF-72 (Single Family Residential) to C-1 (Restricted Commercial). The tract contains approximately 10 acres. The entire property is generally located East of South Powell Parkway and North of County road 422. (Maurice Schwanlce) 10. Second reading of a Resolution authorizing the Anna Community Development Corporation to undertake a project including a funding reimbursement agreement with Anna _455 Commercial LP for the temporary funding of certain improvements and reimbursement of said funding. (Jessica Perkins) I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-26-13 CC Regular Meeting Agenda.doc 4 Posted 03-22-13 11. Consider/Discuss/Action regarding a resolution authorizing the Anna Community Development Corporation to undertake a project including a funding and reimbursement agreement with Anna 455 Commercial, LP for the temporary funding of certain improvements and reimbursement of said funding. (Jessica Perkins) 12. Presentation of the Anna Police Department 2012 Annual Report. (Chief Jenks) 13. Presentation of the Anna Fire Department 2012 Annual Report. (Chief Gothard) 14. Consider/Discuss/Action regarding an appointment to the Board of Directors of the Anna Fire and Rescue Auxiliary Association. (Chief Gothard) 15. 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); discussion regarding legal aspects of a utility easement; discussion regarding legal aspects of a contract for park improvements. b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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. 16. Consider/Discuss/Action on any items listed on posted agenda for March 26, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 rivo working days prior to the meeting so that appropriate arrangements can be made. 03-26-13 CC Regular Meeting Agenda.doc 5 Posted 03-22-13 17. Adjourn. This is to certify that I, Natha Willcison, 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. March 22, 2013. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-26-13 CC Regular Meeting Agenda.doc 6 Posted 03-22-13 i Council Meeting: March 26, 2013 Account Code #: N/A Budgeted AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Call to order. Item No. I City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 3-21-13 Exhibits: ❑Yes ❑ No Council Meeting: March 26, 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 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: 3-21-13 ❑ No i Council Meeting: March 26, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 3-21-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or disczrss any issues that are brozzght 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: �: c�7a «.y.�L�r. � Council Meeting: March 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: 3-21-13 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 pzrblic 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 schedarled to be attended by a member of the governing body or an official or employee of the municipality; and annoarncements 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:_March 26, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 a - d City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 3-21-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "Izousekeeping" items required by lativ. Items may be considered individually by any Council member making szrch request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of March 12, 2013. b. Authorization to solicit bids for the 2013 Street Rehabilitation Project. (James Parkman) c. Review CDC Regular Minutes of February 7, 2013. (Jessica Perkins) d. Review EDC Regular Minutes of February 7, 2013. (Jessica Perkins) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP March 12, 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., March 12, 2013, at the Anna City Hall Administration Building, located at 111 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. Coolc, Lauren Lovato, John Hopewell, John Geren, Nathan Bryan and Becky Glover were present. 3. Briefing/Discussion regarding potential Interstate Designation for U.S. 75. (Judge Self) City Manager, Philip Sanders introduced Judge Self. Judge Self gave a presentation regarding the potential Interstate Designation for US 75 and answered questions from council members. 4. Briefing/Discussion regarding cooperative marking effort for Downtown. (Jessica Perkins). Jessica Perkins, Assistant to the City Manager briefed council regarding a meeting with downtown business owners about a cooperative marketing effort for downtown and answered questions. Council did not go into closed session at this time. 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated 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. 03-12-13 CC Regular Meeting Minutes.doc 1 03-08-13 6. Consider/Discuss/Action on any items listed on posted agenda for March 12, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Hopewell made the motion to take no action. Council Member Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 7. Adjourn. Council Member Coolc made the motion to adjourn at '7:06 pm. Council Member Lovato seconded the motion. Motion passes. AYE' 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 03-12-13 CC Regular Meeting Minutes.doc 2 03-08-13 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING March 12, 2013 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., March 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 CoZrncil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speale on an open -session agenda item please fill ozrt the Opinion/Speaker Registr°croon Form and tarrn it in to the City Seereta� y before the meeting starts. 1. Call to Order. Mayor Milce Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are «flowed 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 infornr«tiorr in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congr«tulations, or condolence; information regarding holiday schedules; an honor«rJ� or s«Irrtmy recognition of n public official, public employee, or• other citizen (but not including a ch«nge irr status of «person's public offrce or public employment); a reminder «bout «n upcoming event organized or sponsored by the governing body; informationT regarding a social, ceremonial, or• community event org«nized or sponsored by an entity other• than the governing body that was «ttended or is scheduled to be attended by « member of the governiug body or arr official or employee of the municipality; and announcements involving «n imminent threat to the public health and safety of people in the municipality th«t has «risen after the posting of the agenda. James Parkman, Director of Public Works thanked Chief Gothard for the fire department helping the public works guys working on a leak. It was mentioned that the GACC Awards Banquet is coming up on Saturday, March 03-12-13 CC Regular Meeting Minutes.doc 3 03-08-13 23, 2013. City Manager, Philip Sanders mentioned that Andy Taylor and Ryan Sanders were monitoring the City Council meeting. 5. Consent Items. These items consist ofnon-controversial or "housekeeping" items regzziz•ed by law. Items may be considez•ed individually by any Council member• making such request pz•lor to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of February 26, 2013. b. Approval of amendments to the Anna Economic Development Corporation 2013 Budget. (Jessica Perkins) c. Approval of amendments to the Anna Community Development Corporation 2013 Budget. (Jessica Perkins) d. Review Parlc Board Regular Minutes for January 17, 2012. e. Review Parlc Board Special Minutes for May 7, 2012. f. Review Park Board Regular Minutes for October 15, 2012. g. Review Park Board Regular Minutes for November 26, 2012. h. Review P & Z Regular Minutes for December 10, 2012. i. Review P & Z Special Minutes for January 21, 2013. j. Review CDC Minutes for January 16, 2013. k. Review EDC Minutes for January 16, 2013. Council Member Coolc asked to remove Item a. Council Member Bryan made the motion to approve Items b-k. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Coolc pointed out a correction to Item 11 on the City Council Minutes of February 26, 2013. Council Member Glover made the motion to approve Item 5 (a) with changes. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 6. Presentation of a Certification of Unopposed Candidates. (City Secretary) Natha Wilkison, City Secretary presented the Certification of Unopposed Candidates to City Council. 7. Consider/Discuss/Action regarding an Ordinance cancelling the May 11, 2013 City of Anna, Texas General Election. (City Council) Mayor Crist presented the item to council. Council Member Glover made the motion to approve. Council Member Hopewell seconded the motion. Motion passes. 03-12-13 CC Regular Meeting Minutes.doc 4 03-08-13 AYE 7 NAY 0 ABSTAIN 0 8. First reading of a Resolution authorizing the Anna Community Development Corporation to undertake a project including a funding reimbursement agreement with Anna 455 Commercial LP for the temporary funding of certain improvements and reimbursement of said funding. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Mayor Crist did the first reading of the resolution caption. 9. Consider/Discuss/Action regarding appointments to Board of Adjustment to fill vacancies. (City Council) Mayor Crist presented the item to council. Council Member Hopewell stated that he was disappointed that none of the applicants showed up for the meeting. Council Member Hopewell made the motion to move Tiffany Burleson from Alternate 2 to Place 3. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Hopewell made the motion to appoint Jarvis Lashardar to Place 5. Mayor Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Members decided to wait until June when appointments - reappointments are made to fill Alternate Place 2 vacancy. 10. Briefing/Discussion regarding severe weather warnings. (Chief Gothard and Chief Jenks) Chief Jenks briefed council on the Code Red automated telephone notification system and the City's Outdoor warning system. Council did not go into closed session at this time. 11. 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 03-12-13 CC Regular Meeti��g Miiu�tes.doc 5 03-08-13 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. 12. Consider/Discuss/Action on any items listed on posted agenda for March 12, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Hopewell made the motion to take no action. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 1(Mayor Crist) ABSTAIN 0 13. Adjourn. Council Member Coolc made the motion to adjourn at 7:52 pm. Council Member Bryan seconded the motion. Motion passes. NAY 1(CM Bryan) ABSTAIN ATTEST: Natha Willcison, City Secretary APPROVED: Mike Crist, Mayor 0 03-12-13 CC Regular Meeting Minutes.doc 6 03-08-13 �� Y{OLTR} HOMETOWN Council Meeting: March 26, 2013 Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: James Parkman Account Code #Street Dept. Budget Budgeted Amount: $100,000 Exhibits: X Yes ❑ No AGENDA SUBJECT: Authorization to solicit bids for the FY 2013 Street Rehabilitation Project Plan. (James Parlcrr}an) The FY 2013 Annual Budget includes $100,000 (engineering and construction) for a street rehabilitation project. City staff is recommending that the Project include rehabilitation of the pavement of the following streets: 1) Second Street from Highway 5 (Powell Parkway) east to Riggins Street, and 2) Interurban Street from First Street south to Second Street. RECOMMENDATION: Staff recommends approval. �. E Q Q a LL C a PROPERTY MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION �E [o°r��;c'r'' Thursday, February 7, 2013 �.GRPQRATIO,' The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on February 7, 1013 at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President, called the meeting to order at 5:33 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: Jason Focht, Connie Stump, Sherilyn Godfrey, and John Houcek. Directors in abstention: Sarah Jones and Duane Hayes. A quorum was declared present and the floor was open for business. Others in attendance: Jessica Perkins, Chief Administrative Officer; and David Overcash, in for Clarl< McCoy, Attorney for CDC. 3. Invocation and Pledge. Connie Stump offered the prayer and led the group in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding appointing a vice president. The position of vice-president, that Gene Bowles vacated at the time of his resignation, needs to be filled. Sherilyn Godfrey made a motion to accept the nomination of John Houcek as vice-president of CDC. Connie Stump seconded the motion. Motion passed. 5. Consider/Discuss/Action regarding approving a resolution for an improve- ment Funding and Reimbursement Agreement regarding reimbursement of assessments levied on property in FM 455 Median Break Public Improve- ment ment District. Business and property owners along FM 455/White Street were assessed a fee of $70,000.00-$80,000.00 for a median break that would give direct access to its 1. 7�hc Corporation map vote Indhx uct upon each ol'fhc items listed in this agenda. 2. "fhe Corporation reserves the right to refire info executive scssiou concerning any of the items listed on this agenda, whenever it is considered necessary trod legally justified under the C)pcn A4ccting Act. 3. Persons with a disability who want to attend this ntecting +vho may need assistance should contact the onicc of the City Sccretar}� at 972 924-3325 nvo working days prior to the ntecting so that appropriate arrangements can he [Wade. 02-07-2013 Regular CDC Minutes.doc 1 business and/or property. Since there is a delay in the construction of the highway, and commercial property has not be developed, it is in the best interest of Community Development Corporation (also referred to as "CDC") to enter into an agreement with Anna 455 Commercial (also referred to as "Anna 455") so that CDC can loan a portion of the funds to Anna 455 as needed for the median break. Once the business is constructed, on its property, Anna 455 would replay the loan. As a point of interest, there will be a new entrance to Natural Springs Park. John Houcek made a motion to approve the resolution and authorize its Chief Administrative Officer (as referred to as "CAO") to execute, on the CDC's behalf, and subject to the approval of the form and content by CDC's legal counsel, and the substance of the agreement by Corporation's CAO, an agreement (Improvement Funding and Reimbursement Agreement will be attached as Exhibit "An to the Resolution) with Anna 455, to assist with temporary funding of Anna 455's proportionate responsibility for the cost of a median break on FM-455 within the corporate limits of the City of Anna. Connie Stump seconded the motion. Motion passed. 6. Discussion regarding annual pertormance review of Chief Administrative Officer. Board members received a form to evaluate the job performance of Jessica Perkins. These forms should be returned to Jessica. 7. Consider/Discuss/Action regarding approving minutes of January 16, 2013. Connie Stump made a motion to approve the minutes, as corrected. John Houcek seconded the motion. Motion passed. 8. Discussion regarding fiscal year budget. Jessica Perkins gave each Board member a handout updating the interest accounts. A separate account was set up to earn interest. However, the interest must be rendered. Interest is paid twice ayear —February and August. [PHIS SPACE INTENTIONAL LEFT BLANK] 1. The Corporation may vote and/or act upon each of the items listed in this agenda 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and {egally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made. 02-07-2013 Regular CDC Minutes.doc 2 9. Adjourn. Connie Stump made a motion to adjourn the meeting. Sherilyn Godfrey seconded the motion. Motion carried and the meeting adjourned at 5:57 p.m. APPROVED: � _ Jas Focht President of CDC ATTESTED: Sherilyn CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made. 02-07-2013 Regular CDC Minutes.doc 3 t�EV[LOPMENT CORI'C))iAl'ICitd MINUTES OF MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION Thursday, February 7, 2013 The Economic Development Corporation ("EDC") of the City of Anna, conducted a meeting at 5:00 p.m., on Wednesday, February 7, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order. Connie Stump, President of EDC, called the meeting to order at 5:01 p.m. and the following items were presented to the Board for its consideration, after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance: Jason Foclit, Connie Stump, Sherilyn Godfrey, and John Houcek. Directors in abstention: Sarah Jones and Duane Hayes. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; David Overcash, substituting for Clark McCoy, Attorney for EDC; and Rob Sherrard of Nixbix. 3. Consider/Discuss/Action regarding appointing a vice president. The position of vice-president, that Gene Bowles vacated at the time of his resignation, needs to be filled. The floor was opened for nominations and Connie Stump nominated John Houcek. He gladly accepted the nomination by stating he had both the time and experience to serve in this position. Sherilyn Godfrey made a motion to accept the nomination of John Houcek as vice-president of EDC. Jason Focht seconded the motion. Motion passed. 4. Presentation by co-founder of Nimbix, Rob Sherrard. Nimbix is a scientific and university academia based High Tech Cloud Computing company that creates applications by using logarithms based on the client's data without recreating the infrastructure. Once completed, the clients have access to Nimbix's servers that process the data 10X faster. Nimbix has already signed a I . "rhe Corporation nr<)y vole and/or act upon each of the items listed in this agenda. 2. 'I�he Corporation reserves the right to refire into executive session concerning any of the items listed on this agenda, +vhencver it is considered necessar}- and Icgall}�.lusliticd under the Open Meeting Act. 3. Persons +with a disability +vho want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 hvo working days prior to the meeting so that appropriate arrungcmcnls can be made. 02-07-2013 EDC Minutes.doc 1 lease and is ready to move its corporate headquarters to Anna. Their equipment will remain in the data center in Dallas where there is adequate electricity and fiber to meet their needs. 5, Discussion regarding annual performance review of Chief Administrative Officer. Board members received a form to evaluate the job performance of Jessica Perkins. These forms should be returned to Jessica. 6. Consider/Discuss/Action regarding approving minutes of January 16, 2013. John Houcek made a motion to approve the minutes, as corrected. Sherilyn Godfrey seconded the motion. Motion passed. 7. Discussion regarding fiscal year budget. Jessica Perkins gave each Board member a handout, showing the deposits and expenditures, from October 1, 1012, to January 18, 2013. 8. Adjourn. Sherilyn Bening made a motion to adjourn the meeting. John Houcek seconded the motion. Motion carried and the meeting adjourned at 5:32 p.m. APPROVED: rrestaent yr cv�. ATTESTED: Secretary of EDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made. 02-07-2013 EOC Minutes.doc 2 •Z� Ytouxsao��TowN Council Meeting: March 26, 2013 Account Code #: N/. Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 3/21/13 Budgeted Amount: N/A Exhibits: QYes ❑No AGENDA SUBJECT: Presentation and approval and the Fiscal Year 2012 Audit Report SUMMARY: LaFollett &Company PLLC performed the City's annual audit. Rod Abbott of the firm will present the FY 2012 Audit and will be available to answer questions. The auditors have presented an Unqualified Audit Opinion of the City's financial statements. They have presented one recommendation regarding the coordination of the City's finance staff and the EDC/CDC. RECOMMENTDATION: Staff recommends that the City Council approve the FY 2012 Audit. and Company PLLC Certified Public Accountants March 26, 2013 To the City Council and Management of the City of Anna, Texas Subject: Management Letter In planning and performing our audit of the financial statements of the City of Anna, Texas (the City), for the year ended September 30, 2012, in accordance with auditing standards generally accepted in the United States of America, we considered the City's internal control over financial reporting (internal. control) as basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements and not for the purpose of expressing an opinion on the effectiveness of the City's internal control. ' However, during our audit we became aware of a matter that is an oppot•tunity for strengthening internal controls and operating efficiency. The memorandum that accompanies this letter summarizes our comments and suggestions regarding this matter. This letter does not affect our repot•t dated March 26, 2013, on the financial statements of the City. The recommendation should in no way be construed as derogatory towards management. We will review the status of this continent during our next audit engagement. We have already discussed this comment and suggestion with management, and we will be pleased to discuss it in fut•ther detail at your convenience, to perform any additional study of the matter, or to assist you in implementing the recommendation. Sincerely, v n t, LaFollett and Company, PLLC LaFollett &Company PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 • www.lafollettcpa.com Management Letter Point Current Year Recommendations • We recommend the City provide management for the Economic Development Corporation (EDC) and Community Development Corporation (CDC) with access and training for the City's accounting software. The EDC and CDC are currently recording checks and deposits on excel spreadsheets. New debt issuances, asset acduisitions, and other transactions are also handled outside of the City's finance department. Although cash transactions are periodically forwarded for recording in the City's accounting software, there remains a disconnect in knowing if all EDC and CDC transactions have been properly recorded. For fiscal year 20] 2, both the EDC and CDC issued new debt for which the proceeds had not been properly recorded in the City accounting system. The debt agreements also contained restrictive debt covenants that had not been reviewed. By using the same accounting system and working closer with the City's finance department, the EDC and CDC could reduce the risk of financial misstatements. and Company PLLC Certified Public Aca�untants Match 26, 2013 To the City Council of the City of Anna, Texas We have audited the financial statements of the City of Alma, Texas (the "City") for the year ended September 30, 2012, and have issued our report thereon dated March 26, 2013. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, and Goverr7mer�t Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter to you dated June 24, 2011. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings j�� � �! /� Qucrl itatine Aspects• of •Accormting Practices r 1 H Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note A to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2012. We noted no transactions entered into by the District during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosure affecting the financial statements was: The disclosure of long-term debt in Note F to the financial statements. This disclosure provides detail of debt terms, fitture payments, interest rates, and other information for each debt. Difficulties Eracoarntered in Performing the Aardit We encountered no significant difficulties in dealing with management and performing and completing our audit. La Follett &Company PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 � www.lafollettcpa.com Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The following misstatements detected as a result of audit procedures were corrected by management: See separate listing of audit adjustments. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 26, 2013. Management Consultations with Other Independent Ac�ozlna, •i� a� In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Attdit Findings or• Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of ottr professional relationship and our responses were not a condition to our retention. Other Information in Documents Containing Audited Financial Statements With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with U.S. generally accepted accounting principles, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. This information is intended solely for the use of the City Council and management of the City of Anna, Texas and is not intended to be and should not be used by anyone other than these specified parties. Respectfully submitted, CITY OF ANNA, TEXAS ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED SEPTEMBER 30 2012 ° ,• ��_- � _ 4 �; _, 1 � _.% A_ .�. ri'. CITY OF ANNA, TEXAS ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED SEPTEMBER 30, 2012 Table of Contents � Pa e FINANCIAL SECTION `' t' '' t Independent Auditor's Report.............................................................. 1-2 Required Supplementary Information: Management's Discussion and Analysis .............................................. 3-8 Basic Financial Statements Goyermnent-wide Financial Statements Statement of Net Assets............................................................. 9-10 Statement of Activities............................................................... 11 Fund Financial Statements Fund Balance Sheets —Governmental Funds ..................................... 12 Reconciliation of the Governmental Fund Balance Sheet to the Statement ofNet Assets........................................................................ 13 Statement of Revenues, Expenditures, and Changes in Fund Balances — Governmental Funds............................................................... 14 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Statement of Activities 15 Statement of Net Assets —Proprietary Fund ..................................... 16 Statement of Revenues, Expenses and Changes in Fund Net Assets — Proprietary Fund................................................................... 17 Statement of Cash Flows —Proprietary Fund .............................. 18 Notes to Basic Financial Statements ..................................... ...... 19-34 Required Supplementary Information: Budgetary Comparison Schedule —General Fund .................................. 35 Pension Funding Data.................................................................. 36-38 COMPLIANCE AND INTERNAL CONTROLS SECTION Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Gorernnrerrt A2/Clltll7g SlQ11CICl1'ds............................................................... 39-40 FINANCIAL SECTION �-� "•. :f �. LaFollet and Company PLLC Certified Public Accountants INDEPENDENT AUDITOR'S REPORT.: To the City Council of the City of Anna, Texas We have audited the accompanying financial statements of the govermnental activities, the business -type activity, the discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Anna, Texas (the City), as of and for the year ended September 30, 2012, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the govermnental activities, the business -type activity, the discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Amia as of September 30, 2012, and the changes in financial position for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Azzditizzg Standards, we have issued a report dated March 26, 2013 on our consideration of the City's internal control over financial reporting and our tests of compliance with certain provisions of laws, regulations, contracts and grants. The purpose of that report is to describe the scope of testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. The report is an integral part of an audit performed in accordance with Goverzznzent Azrditing Standards and should be considered in assessing the results of our audit. L La Follett &Company PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 • www.lafollettcpa.com Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 3 through 8 and page 35 be presented to supplement the basic financial statements. Such information, although not apart of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. The retirement system fielding information on pages 36 through 38 is also not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. LaPollett &Company, PLLC Tom Bean, Texas March 26, 2013 iJ �� CITY OF ANNA MANAGEMENT'S DISCUSSION AND ANALYSIS Our discussion and analysis of City of Anna's (the City) financial performance provides an overview of the City's financial activities for the fiscal year ended September 30, 2012. Please read it in conjunction with the City's financial statements, which begin on page 9. FINANCIAL HIGHLIGHTS i_' `; ��� • The assets of the City exceeded its liabilities at the close of FY12 by $30,159,750. This is an increase of $48,099 over FYll's net asset value of $30,111,652. Unrestricted net assets at the close of FY12 are $3,571,740 and may be used to meet the City's ongoing obligations to citizens and creditors. This is a decrease of $417,020 from FY 11's unrestricted net asset value of $3,988,760. • Although the City's total net assets increase of $48,099 is much lower than FY11's $1,501,346 increase, FY11's result included non -recurring, capital contributions totaling $1,874,902. • The City's governmental funds reported on page 12 have an ending fund balance of $2,733,904, which is an increase of $112,094 in comparison with FY11 ending fund balances of $2,621,810. $2,178,670 of the fund balance is classified as "unassigned" and available for spending at the City's discretion and in compliance with the City's financial policies. USING THIS ANNUAL REPORT This annual report consists of a series of financial statements. The government -wide financial statements include the Statement of Net Assets and the Statement of Activities (on pages 9-1 l). These provide information about the activities of the City as a whole and present along -term view of the City's financial condition. They reflect the flow of total economic resources in a manner similar to the financial reports of a business enterprise. Fund financial statements (starting on page 12) report the City's operations in more detail than the government - wide statements by providing information about the City's most significant funds. Governmental fund statements tell how services were financed in short-term, as well as what resources remain for future spending. They reflect the flow of current financial resources, and supply the basis for funding requests and the appropriations from the State. Proprietary fund financial statements report activity for the City's water, sewer, and sanitation operations. The notes to the financial statements (starting on page 19) provide narrative explanations or additional data needed for full disclosures for the government -wide statements and the fund financial statements. Reporting the City as a Whole —Government-Wide Financial Statements The Statement of Net Assets and the Statement of Activities Government -wide financial statements, which provide an analysis of the City's overall financial condition and operation, begin on page 9. The primary objective of these statements is to show whether the City's financial condition has improved or deteriorated as a result of the year's activities. The statement of Net Assets includes all the City's assets and liabilities (including long-term items) while the Statement of Activities includes all the revenue and expenses generated by the City's operations during the year. Government -wide statements utilize the accrual basis of accounting, which is the same method used by most private sector companies. 3 All of the current year's revenue and expenses are taken into account regardless of when cash is received or paid. The City's revenue is divided into the following categories: 1) charges for services, 2) operating grants and contributions, 3) capital grants and contributions, 4) general revenues not associated with any specific program fimction. All of the City's assets are reported whether they serve the cut•�•ent or future years. Liabilities are also reported regardless of whether they must be paid in the current or future years. These two statements report the City's net assets and changes in them. The City's net assets (the difference between assets and liabilities) provide one measure of the City's financial health or financial position. Over time, increases or decreases in the City's net assets are one indicator of whether its financial health is improving or deteriorating. To fully assess the overall health of the City, you should consider non -financial factors as well, such as changes in the City's request for services from citizens and the condition of the City's facilities. In the Statement of Net Assets and the Statement of Activities, the City has two kinds of activities: Governmental Type Activities —City services such as police and fire protection, street maintenance, parks, and city administration are reported here. City property taxes finance most of these activities. Business -Type Activities -The City uses proprietary (business -type) funds to account for its water, sewer, and sanitation operations. The services are supported by monthly charges to citizens.. Reporting the City's Most Sisnificant Funds Fund Financial Statements The fund financial statements begin on page 12 and provide detailed information about the most significant funds. The City's two kinds of funds -governmental and proprietary —use different accounting approaches. Governmental Funds —The City reports most of its basic services in governmental funds. Governmental funds use the modified accrual basis of accounting (a method that measures the receipt and disbursement of cash and other financial assets that can be readily converted to cash) and they report balances that are available for future spending. Governmental fund statements provide a detailed short-term view of the City's general operations and the basic services it provides. We describe the accounting differences between governmental activities (reported in the Statement of Net Assets and the Statement of Activities) and governmental funds in reconciliation schedules found on pages 13 and I5. Proprietary Funds —The City uses proprietary (business -type) funds to account for• its water, sewer, and sanitation operations. The full -accrual basis of accounting is used for all proprietary type funds. GOVERNMENT -WIDE FINANCIAL ANALYSIS Seventy-four pec•cent (74%) of the City's net assets are invested in capital assets; land, buildings, vehicles and electronic equipment, less any outstanding debt used to acquire these assets. The City uses capital assets to provide services to the citizens they serve; consequently, these assets are not available for future spending. The following tables summarize the Statement of Net Assets and Changes in Net Assets for the year ended September 30, 2012: Current and other assets Capital assets Total assets Long-term liabilities outstanding Other liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets Governmental Activities FI'12 FY11 $ 3,236,822 $ 3,]01,078 15,296,793 16,026,492 18,533,615 19,127,570 4,634,424 4,944,345 367,020 341,955 5,001,444 5,286,300 Business -type Activities FY12 FYll $ 6,758,629 $ 5,811,315 30,778,837 31,234,383 37,537,466 37,045,698 19,194,300 19,577,132 1,715,587 ],198,184 2Q,909,887 20,775,316 Total FI'12 FYll $ 9,995,451 $ 8,912,393 46,075,630 47,260,875 56,071,081 56,173,268 23,828,724 24,521,477 2,082,607 1,540,139 25,911,331 26,061,616 10,749,210 11,048,398 11,584,537 11,657,252 22,333,747 444,340 156>274 3,809,923 3,260,968 4,254,263 2,338,621 2,636,598 1,233,119 1,352,162 3,571,740 22,705,650 3,417,242 3,988,760 $ ]3,532,171 $ 13,841,270 $ 16,627,579 $ 16,270,382 $ 30,159,750 $ 30,111,652 Revemies: Program Revenues: Charges for services Operating grants and contributions Capital grants and contributions General Revenues: Property taxes Other taxes and franchise fees Other Expenses: General government Parks Public safety Streets Debt service -interest Development/Inspections Water/Sewer/Sanitation Excess (deficiency) of revenues over expenditures before transfers Transfers In (Out) Increase in net assets Net assets - October I (beginning) Net assets -September 30 (ending) Governmental Activities Business -type Activities Total F1'12 FYll FY12 FYll FY12 FYll $ 921,352 $ 471,048 $ 4,880,931 $ 4,329,000 $ 5,802,283 $ 4,800,048 76,729 52,548 - - 76,729 52,548 382,003 648,296 - 1,233,569 382,003 1,881,865 2,392.504 886,810 191,700 4,851,098 2,418,445 87 I ,480 162,002 4,623,819 965,092 899,628 290,907 264,779 1,924,035 1,882,199 888,763 853,980 196,169 208,551 530,649 412,775 404,350 5,285,281 - - 4,928,084 4,795,615 4,521,912 4,928,084 2,392,504 - 886,810 236,935 596,050 5,799,504 10,136,379 2,418,445 871,480 398,937 10,423,323 - 965,092 599,628 - 290,907 264,779 - 1,924,035 1,882,199 - 888,763 853,980 - 196,169 208,551 - 530,649 412,775 4,400,065 4,928,084 4,400,065 4,400,065 9,723,699 8,921,977 55,483 101,907 357,197 1,399,439 412,680 1,501,346 (364,582) (59,138) - 59,138 (364,582) - (309,099) 42,769 357,197 1,458,577 48,098 1,501,346 13,841,270 13,798,501 16,270,382 14,811,805 30,111,652 28,610,306 $ 13,532,171 $ I3,841,270 $ 16,627,579 $ 16,270,382 $ 30,159,750 $ 30,111,652 5 FINANCIAL ANALYSIS OF THE GOVERNMENT -WIDE STATEMENTS Net assets of the City's governmental activities decreased from $13,841,270 to $13,532,171. Unrestricted net assets —the part of net assets that can be used to finance day-to-day operations without constraints established by debt covenants, enabling legislation, or other legal requirements is $2,338,621 fat• governmental activities. FINANCIAL ANALYSIS OF THE CITY'S FUNDS The City's governmental funds (as presented in the balance sheet on page 12) reported a combined fund balance of $2,733,904 compared to $2,621,810 in FYl 1. This represents an increase of $112,094. The City has capital projects and debt service funds to propet•ly account for governmental asset construction and repayment of borrowed funds• Revenues and other financing sout•ces for the City's general fund were $4,090,066, while total expenses and other financing uses were $3,750,305. This resulted in an excess of revenues over expenditures of $339,761 from current operations (see page 14). Last year's result was an excess of revenues over expenditures of $42,771. The largest increase in FY12 general fund revenues came from development fees, impact fees, and building permits. The largest increase in FY12 general fund expenditures was also in the development department because contractual costs increase along with increased development activity. Revenues for the City's Utility Fund were $4,920,699, while total expenses were $4,928,084. This resulted in a loss before transfers of $7,385 (see page 17). This is a worse result than 2011's income before contributions and transfers of $165,880. The Main reason for the loss was a $403,953 increase in operating expenses and $124,066 increase in interest expense. CAPITAL ASSET AND DEBT ADMINISTRATION Capital Assets t -�, ,;,, '•,, .,1. .�.. The City's investment in capital assets for all activities as of September 30, 2012 amounts to $46,075,630 compared to $47,260,878 (net of accumulated depreciation) at September 30, 2011. This investment in capital assets includes land, buildings and improvements, street improvements, parks, water and sewer systems, equipment and vehicles. The net decrease in the City's investment in capital assets for the current fiscal year was $1,185,248. Major capital asset purchases during 2012 related to the on -going improvements to the water system, streets, drainage, and other improvements. Lona-term Debt At year-end, the City had total notes, capital leases, bonds and contractual obligations outstanding of $23,700,821 • The City issued no new debt during 2012. The City made all required bond, capital lease, note, and contractual obligation principal payments for 2012 which totaled $732,771. At the end of FY 12, the City's total long-term commitments for governmental activities were $4,634,424 and total long-term commitments for the Utility Fund are $19,194,299. Total long-term commitments for the City decreased by $711,045 from 2011 to 2012. ECONOMIC FACTORS ANll NEXT YEAR'S BUDGETS AND RATES According to the most recent population estimates published by the North Central Texas Council of Governments, the City of Anna has grown by 600%since the year 2000. Since 2008, the growth of the national and local economy has slowed significantly. Uncertainty surrounding employment, housing prices, and our national economy has had a significant effect on our local economy here in Anna. 0 The most dramatic impact of this economic uncertainty can be observed in the recent multi -year decline in local property values. This decline in property values has a direct and significant impact on our ability to fund the programs and infrastructure that we have invested so heavily in over the past decade. Over 60% of our General Fund revenue is derived from property taxes, and, with the exception of the most recent year, the taxable value of existing properties has declined an average of Duet• 3% per year since 2008. This eduates to a loss of over $42 million in taxable value based on a year to year comparison. Even with over $35 million in new buildings and property added to the tax roll since 2008, the taxable value of the 2012 tax role is nearly 2% lower than the 2008 roll. In addition, the average value of a residential homestead in Anna has declined by 11%since 2008. Based on the most recent 2012 pr•opet•ty appraisals, it appears that existing properties have retained their value since 2011, and we are guardedly optunlstic that this could mark the beginning of a trend toward market appreciation. In addition we have observed a significant increase in the number of single family home building pet•mits issued since the beginning of 2012. While this will most cer•taiuly add to the city's tax base, it will also increase the demand for municipal services that ace funded primarily by property taxes. In order to fund the FY 2013 budget, the city adopted a tax rate of $0.650332 per $100 valuation which is identical to the tax rate adopted in FY 2012 and slightly greater than the effective tax rate of $0.646813. Because of a modest increase in property values (primarily commercial), the effective tax rate is slightly less than the FY 2013 tax rate of $0.650332 per $100 valuation. With the adopted tax rate of $0.650332, the owner of the average residential homestead in Anna will pay $728.36 in property taxes this year• which is $0.01 less than the FY 2012 tax levy. When compared with other cities in our area, the City of Anna has one of the lowest per -capita and average residential homestead property tax burdens. In order to accommodate existing and projected growth, the city invested about $20 riiilloi� over the last decade to upgrade the water and sewer system. Up until three years ago, the city was able to pay about two-thirds of the outstanding water and sewer debt with impact fees that are paid by a home builder when a new home is consh•ucted. As residential construction declined, the resulting revenue from impact fees fell dramatically. On October 1, 2011, the base rate for residential water customers increased from $18 to $22 per month and the base rate for residential sewer customers increased from $18 to $22 per month. On January 1, 2012, an additional customer charge of $0.15 per ] 000 gallons of water used was adopted to pay for the water production fees now being charged by the North Texas Groundwater Conservation District. While no additional rate increases occurred in FY 2012, it is anticipated a rate increase will be uecessary in late 2013 as part of the FY 2014 budget. With the increase in growth the City experienced throughout 2012 and the expectation that growth will continue into 2013 and beyond, the City issued new debt to finance water and sewer infl•astructure improvements necessary to accommodate our growing community. The City continues to actively review its existing water and sewer rates. This evaluation is necessary to ensure that the City is able to meet its outstanding debt obligations and prepare for future capital improvements that will be necessary to maintain utility service to our community. In addition to reviewing our water and sewer rates, the city is actively managing its outstanding debt. We have a series of planned debt refundings that will allow us to take advantage of low rates and develop a more level and modest repayment structure. Although the city has some challenges, there are many positive things happening in our community. The City continues to see consistent increases in the amount of sales tax revenue collected each year, which is a testament to the health of our local business climate. The sales tax revenue in FY 2012 was up 14% over the net FY 2011 revenue which was up 6% over FY 2010. While we do not expect dramatic increases to continue, we do not anticipate a decrease in sales tax revenue in FY 13. 7 CONTACTING THE CITY'S FINANCIAL MANAGEMENT This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general overview of the City's finances and to show the City's accountability for the money it receives. If you have questions about this report or need additional financial information, contact City Hall, at 111 North Powell Parkway, P.O. Box 776, Anna, Texas 75409-0776 or (972) 924-3325. t E:3 c O U �' 'c a. o � � � � o � U •� �, O � > O G) W Ca V C a� 6> O U i C .� ?' C � N , � � .> `� U > O o � �n �i � `r �� 0 o � o o � �o c� � � pp t � i i i � i i i p � � �y i � 00 � O O O � O � cn �n cn :�-� o d� o 00 � d� co � cn � � � Go cn N N N N .-� CA [� `7' 00 M d' M `d' O �D D\ d' 00 N O rA 'cY �O may' N 'd� vl �O � O �O d� fV �--� T rVn' r. � � V (�l oOo � 0o O �n r.0 O� N � d� l� � � � O 'ci' M N t� a, -� � o � �. G1 D\ CO DD N d'�: �O �n N o cn oo��"` f^ � � OHO O�Oaaf1.� rn M N ^-� �1 ` Y}4� �.�,� cn � � c� � 00 O � (�l o t� � d� d� co r � M �t N N O d� to 'V� N o0 (V 6� l� � l� �i' �D vl 'ct M 00 � N N a1 N cn rn � r � O cn �n � o0 'ci' � 00 � N� ' N � � � Q\ N � cn co � CV �O Q\ f�l N O Cn � d' t� cn o0 N G\ 00 0 N N N N O O Q; CA V� �II 00 cn �/'� cn M M �_ M cn DO _ � ,� � ¢. O � V1 Y � 1+ N � � N v � � U � ti C7 tC � +' ❑ � N � U C � � U T U Y �� N R. tC � n � •N � '� _ Q � � N bA U y .� �J � U�" .� U U U U Q. v`ni .� y U O � c`� � Ll. 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U �acnwS� ° C7 f= zZ � [-� City of Anna, Texas Balance Sheet -Governmental Type Funds September 30, 2012 Asscts Current assets: Cash and cash equivalents Pooled investments Accounts receivable -net Due fi•an component units Due fi•om other funds Total current assets Liabilities Current liabilities: Accounts payable Accrued liabilities Due to other funds Deferred tax and court revenue Total current liabilities fund Balances Restricted Committed -Revenue stabilization Unassigned Total fund balances Total liabilities and fund balances Governmental Fund Types Capital Debt Total Governmental General Projects Service Funds $ 2,176,079 366,599 256,347 324 $ ] 02,909 $ 53,709 9,934 $ 2,332,697 366,599 266,281 324 202,080 - - 202,080 3,001,429 102,909 63,643 3,167,981 164,020 52,445 - 216,465 126,164 - - 12G,1G4 - 17,999 - 17,999 64,995 - 8,454 73,449 355,179 70,444 8,454 434,077 356,686 32,465 55,189 444,340 110,894 - - 110,894 2,178,670 - - 2,178,670 2,646,250 32,465 55,189 2,733,904 $ 3,001,429 $ 102,909 $ 63,643 $ 3,167,981 The accompanying notes are an integral part of these financial statements. 12 City of Anna, Texas Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets For the Year Ended September 30, 2012 Fund balances of governmental funds Amounts reported for governmental activities in the statement of net assets (page 12) are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the fiords. Accrued interest payable does not require the use of cun•ent financial resources and, therefore, are not reported in the govermnental funds. Prepaid debt issuance costs are not financial resources and, therefore, are not reported in the funds. Long-term liabilities, including bonds payable, are not due and payable in the current period and, therefore, are not reported in the fiords. 1'►•ope►-ty taxes and court revenue not received at year-end are shown as defen•ed income on the fiord financial statements, but the amount should not be shown as a liability on the statement of net assets. Net assets of governmental activities $ 2,733,904 15,296,792 (24,391) 86,841 (4,634,424) 73,449 $ 13,532,171 The accompanying notes are an integral part of these financial statements. ]3 City of Anna, Texas Statement of Revenues, Expenditw•es, and Changes in Fund Balances -Governmental Funds For the Year Ended September 30, 2012 Revenues Taxes: Property Sales Franchise Building permits Grants Developer and impact fees Intergovernmental Court Fire Other development fees Other revenue Investment earnings Police Parks Total revenues Expenditures Current: Police Administrative and general Development and animal control Fire Streets Parks Ambulance Court Capital outlays Debt service: Principal retirement Interest expense Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses) Insurance proceeds Transfers in Transfers (out) Total other financing sources(uses) Net changes in fiord balances Fund balances -beginning Fund balances -ending Governmental Fund Types "Total General Capital Projects Debt Service Governmental $ 2,058,963 $ - $ 337,205 $ 2,396,168 522,840 - - 522,840 363,970 - - 363,970 493,692 - - 493,692 14,918 443,814 - 458,732 204,580 - - 204,580 126,900 - - 126,900 98,446 - - 98,446 50,935 - - 50,935 45,634 - - 45,634 26,844 - - 26,844 22,799 1,995 1,145 25,939 21,604 - - 21,604 10,295 - - 10,295 4,062,420 445,809 338,350 4,846,579 I 543 .,S '..,A %� � � • �� r ¢� � �� � 1,165,543 - - ,165, 848,949 48,484 5,582 903,015 529,080 - - 529,080 388,871 - - 388,871 163,518 - - 163,518 116,883 - - 116,883 114,782 - - 114,782 82,OSS - - 82,055 273,255 109,113 - 382,368 45,632 - 282,282 327,914 21,737 - 182,815 204,SS2 3,750,305 157,597 470,679 4,378,581 312,115 288,212 (132,329) 467,998 8,678 - - 8,678 18,968 58,025 t36,760 213,753 - (578,335) - (578,335) 27,646 (520,310) 136,760 (355,904) 339,761 (232,098) 4,431 112,094 2,306,489 264,563 50,758 2,621,810 $ 2,646,250 $ 32,465 $ 55,189 $ 2,733,904 The accompanying notes are an integral part of these financial statetnents. 14 City of Anna, Texas Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds To the Statement of Activities Foj• the Year Ended September 30, 2012 Amounts reported for governmental activities in the statement of activities (page 16) are different because: Net change in fund balances -total governmental funds (page IG) Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which depreciation exceeded capital outlays in the current period. Non -cash capital contributions and other contributions not received within sixty days after year-end are not reported as income in the governmental funds. The decrease in accrued interest is not a source of current financial resources and, therefore is not reported in the governmental funds. ��� � - . tia � Pt�;. Principal payments on long-term debt are an expenditure for the governmental funds, but this expenditure is removed for the government -wide financial statements. The increase in accrued compensated absences does not use current financial resources and, therefore is not reported in the governmental fiords. Various other reclassifications and eliminations are necessary to convert fi•om the modified accrual basis of accounting to accntal basis of accounting. These include recognizing the change in deferred revenue and various other items. The net effect of these reclassifications is to increase net assets. Governmental funds report the costs of issuing new debt in the year for which it is incurred, but this cost is amortized over the life of the debt for the govenunent-wide financial statements. Change in net assets of governmental activities (page 13) $ 112,094 (729,701) 8,383 327,914 (17,991) (4,159) (5,639) ($ 309,099) The accompanying notes are an integral part of these financial statements. 15 City of Anna, Texas Statement of Net Assets - Proprietary Fund (Utility Fund) September 30, 2012 Assets Utility Fund Current assets: Cash and cash equivalents $ 2,088,143 Accounts receivable -net 4l 5,149 Inventory 49,828 Restricted pooled investments 140,185 Restricted cash for capital improvements 1,621,415 Restricted deposits held in trust with GTUA 2,048,323 Deferred charges -prepaid bond issue costs 377,587 Due from other funds 17,999 Total current assets 6,758,629 Noncurrent assets: Capital assets (non -depreciable): Land and easements 362,913 Construction in progress 507,719 Capital assets (net of depreciation): Plants, machinery, and equipment 29,908,205 Total noncurrent assets 30,778,837 Total assets $ 37,537,466 Liabilities �"�`. i+,r Current liabilities: � �� , � �' � `• Accounts payable $ 188,783 Other ►iabilities 26,372 Bond interest payable 768,138 Due to General Pund 202,080 Customer deposits 530,214 Current portion of long-term debt 468,303 Total current liabilities 2,183,890 Noncurrent liabilities: Bonds and notes payable 18,725,997 Total liabilities 20,909,887 Net Assets Investment in capital assets, net of related debt 11,584,537 Restricted -GTUA deposits 2,048,323 Restricted -water• and sewer improvements 1,761,600 Unrestricted 1,233,119 Total net assets $ 16,627,579 The accompanying notes are an integral part of these financial statements. 16 �0 City of Anna, Texas Statement of Revenues, Expenses, and Changes in Net Assets -Proprietary Fund (Utility Fund) For the Year Ended September 30, 2012 Operating revenues: Water income Sewer income Sanitation income Developer and impact fees Connect, install, and tap fees Water customer late fees Groundwater production fees Miscellaneous revenue Total operating revenues Operating expenses: Personnel and benefits Sanitation contract Utilities Supplies, repairs, and maintenance N. Texas Municipal Water District contract Other contractual services Other operating expenses Bad debt Depreciation Total operating expenses Operating income Non -operating revenues (expenses): Interest expense Bond amortization Gain on sale of assets Interest income Total non -operating revenues (expenses) Income before contributions and transfers Transfers in Transfers out Changes in net assets Total net assets -beginning Total net assets -ending 2012 $ 2,253,099 1,356,499 S8S,428 420,000 108,905 106,364 27,690 22,946 4,880,931 793,328 S 13,631 403,631 383,740 331,880 268,793 178,391 25,863 1,100,421 3,999,678 881,253 (906,241) (22,165) 5,318 34,450 (888,638) (7,385) 427,603 (63,021) 357,197 16,270,382 $ 16,627,579 The accompanying notes are an integral part of these financial statements. 17 City of Anna, Texas Statement of Cash Flows -Proprietary Fund (Utility Fund) For the Year Ended September 30, 2012 Operating Activities: Receipts from customers and users Payments to suppliers Paytents to employees Net cash provided (used) by operating activities Capital and Related Financing Activities: Cash paid for acquisition and caisU•uction of capital assets Interest paid on long-term debt Principal payments on capital debt Net cash provided (used) by capital and related financing activities Non -capital and Related Financing Activities Net Transfers in (out) to/from other funds Net cash provided (used) by non -capital and related financing activities Investing Activities: Interest received r; ;.-- Net cash provided (used) by investing activities _'; ,1�='� �� ` } Net increase (decrease) in cash and cash equivalents Cash and cash equivalents, October 1 Cash and cash equivalents, September 30 Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: Operating income (loss) Adjustments to reconcile operating income to net cash provided (used) by operating activities: Depreciation expense Decrease (increase) in accounts receivable Decrease (increase) in other assets Increase (decrease) in accounts payable Increase (decrease) in other liabilities Net cash provided by operating activities Non -cash capital activities: Contributions of capital assets from the capital projects fund 2012 $ 4,861,543 (2,156,887) (589,835) 2,114,821 (224,420) (765,609) (404,857) (1,394,886) (62,971) (62,971) 34,450 34,450 691,414 3,018,144 $ 3,709,558 $ 881,254 1,100,421 9,742 4,943 126,672 (8,211) $ 2,114,821 $ 427,553 The accompanying notes are an integral part of these financial statements. 18 CITY OF ANNA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2012 NOTE A -SUMMARY OF ACCOUNTING POLICIES The City of Anna, Texas (the "City") is a Home Rule Charter city that operates under aCouncil-Manager form of government. The City provides the following services: public safety, ambulance, streets, sanitation, planning and zoning, and general administrative services. Other services include water, sewer, and sanitation operations. The financial statements of the City of Anna are prepared in accordance with Generally Accepted Accounting Principles (GAAP). The City's reporting entity applies all relevant Governmental Accounting Standards Board (GASB) pronouncements. Proprietary funds and similar component units apply Financial Accounting Standards Board (FASB) pronouncements. The following is a summary of the more significant policies: 1. The Reporting Entity The accompanying financial statements present all funds relevant to the operations of the City and its component units, entities for which the City is considered to be financially accountable. The component units presented are those of separately administered organizations that ate controlled by or dependent on the City. Control or dependence is determined on the basis of budget adoption, taxing authority, funding, and appointment of the respective governing board. � ryry �� U���' B ased on the criterion stated above, the Anna Community Development Corporation ("CDC") and the Anna Economic Development Corporation ("EDC") are component units of the City. The CDC and EDC are nonprofit organizations established to act on behalf of the City of Anna under the Development Corporation Act of 1979, section 4B and 4A, respectively. Each component unit is discretely presented in a separate column in the government wide financial statements to emphasis that it is legally separate from the City. 2. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e. the statement of net assets and the statement of changes in net assets) report information on all the non -fiduciary activities of the primary government and its component units. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-t)�pe activities, which rely to a significant extent on fees and charges for support. Likewise, the primary gover�antent is reported separately from certain legally separate component emits for which the City is financially accountable. The statement of activities demonstrates the degree to which direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Progrmn revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes or other items not properly included among program revenues are reported instead as general revenues. 19 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Separate financial statements are provided for governmental fiends and proprietary funds. Major individual governmental funds are required to be reported in separate columns in the fund financial statements. 3. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government -wide financial statements are reported using the ecottotnic resources nt.easatrernentfocns and the accrual basis of accotrttttttg, as are the proprietary fund financial statements. Revenues are recognized when earned and expenses are recognized when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue when all of the eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources tttea.rurentent focus and the modified accrual basis of accounting. Revenues are recognized when they become both measurable and available as net current assets. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Gross receipts and sales taxes are considered measurable when in the hands of intermediary collecting government and are recognized as revenue at that time. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include; (1) accumulated unpaid vacation, sick pay, and other employee amounts which are not accrued; and (2) principal and interest on general long-term debt which are recognized when due. �y �6 s I $ � Y ' si`w .t �:. F ,�' Proprietary funds distinguish operating revenues and expenses from Wort-oheratittg items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. All revenues not meeting this definition are reported as non -operating revenues and expenses. All proprietary finds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned, and their expenses are recognized when they are incurred. Unbilled utility services receivables related to water, wastewater, and sanitation services are recorded at year-end. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted funds first, then unrestricted resources as they are needed. 4. Fund Accounting The accounts of the City are organized on the basis of funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for by providing a separate set of self -balancing accounts, which are comprised of each fimd's assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to and for individual funds based on the purposes for which they are to be spent and the means by which spending activities are controlled. The City, for financial purposes, includes all of the funds relevant to the operations of the City of Anna. Funds designated as "major" funds for the City each year are considered particularly important due to the level of activity in these funds. The General Fund is always considered a major fund for the City. For 2012, the Utility Fund is also a major fund. The various funds are grouped, in the financial statements in this report, into two fund categories as follows: 20 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) GOVERNMENTAL FUND TYPES General Fund The General Fund is the general operating fluid of the City. It is used to account for all financial resources except those required to be accounted for in another fiend. Debt Service Fund Accounts for the resources accumulated and payments made for principal and interest onlong-term general obligation debt of governmental fluids. Capital Projects Fund Accounts for the acquisition and construction of governmental -type assets from expenditutes of debt proceeds, capital grants, or other sources restricted for governmental type asset acquisition. PROPRIETARY FUND TYPES Utility Fund 1�.�=-j �► � � � . Accounts for operations (a) that are financed and operated in a manner similar to private business enterprises -where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. The Utility Fund accounts for the water, sewer, and sanitation services provided by the City. 5. Cash and Cash Equivalents Por purposes of the statement of cash flows, the City considers all highly liquid investments available for current use with an initial maturity of three months or less to be cash equivalents. Other deposits with longer maturities are classified as investments. 6. Capital Assets Property, plant and equipment used in govettunental fund type operations are shown on the statement of net assets, rather than governmental fitnds. These general fixed assets include land, buildings, park facilities, equipment, bridges, streets, and sidewalks. All property, plant and equipment are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated property, plant and equipment are valued at their estimated fair value on the date donated. Depreciation is provided in the enterprise fluids in amounts sufficient to relate the cost of the depreciable assets to operations over their estimated service lives on the straight-line basis. 21 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Tlie service lives by type of asset are follows: Depreciable Asset Category Life in Years Buildings 20 Water &Sewer System infrastructure 35 Equipment 3-20 Streets 20 7. Long Term Liabilities Long-term liabilities expected to be financed from governmental fund types are shown on the statement of net assets, rather than governmental funds. Principal payments for this debt are expensed on the fund financial statement, but this expense is removed for the govermment-wide statement of activities. 8. Due To and From Funds Outstanding balances between funds at the end of the fiscal year are refereed to as either "due to/from other funds". Any residual balances between the governmental activities and business -type activities are reported in the government -wide financial statements as "internal balances". 7!1 r 9. Compensated Absences (==` �' It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. There is no liability for unpaid accumulated sick leave since the City will not pay any unused amounts when employees separate from service with the City. Vacation pay is accrued in the government -wide and proprietary financial statements. 10: Fund Balances The City has adopted Govermnental Accounting Standards Board (GASB) StatementNo. 54, Fzrnd Balance Repo�•ting and Governmental Fzmd Type Definitions (GASB 54). This Statement defines the different types of fiord balances that a govenunental entity must use for financial reporting purposes in the fund financial statements for governmental type fluids. It does not apply for the government -wide financial statements or proprietary type funds. GASB 54 requires the fund balance amounts to be properly reported within one of the following fluid balance categories: No�zspendable -such as fund balance associated with inventories, prepaids, long-term loans and notes receivable, and property held for resale (unless the proceeds are restricted, committed, or assigned). Restricted -fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or tluough enabling legislation, Committed -fluid balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the Board of Directors (the district's highest level of decision -making authority), 22 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Assigriecl - fund balance classification are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed, and Unassigned -fund balance is the residual classification for the government's general fund and includes all spendable amounts not contained in the other classifications, and other funds that have total negative fund balances. 11. Budget and Budgetary Accounting The official city budget is prepared for adoption for the Governmental Fund Type and the Proprietary Fund Type during the month of September. 12. Revenue Recognition —Property taxes Property taxes attach as an enforceable lien on property as of January 1. Taxes are levied on October 1 and are due and payable at that time. All unpaid taxes levied October 1 become delinquent February 1 of the following year. Property tax revenues are recognized when they become available. Available includes those property tax receivables expected to be collected within sixty days after year-end. NOTE B -CASH, CASH EQUIVALENTS, AND INVESTMENTS As of September 30, 2012, the City maintains banking accounts at Texas Star Barik�, In`d�e�dent Bank, and the state -operated Texpool system. The City's investments are limited to demand deposits and certificates of deposits in financial institutions that are members of the FDIC. At September 30, 2012, City's deposits held in its depository banks totaled $6,547,739 with $750,000 insured by the Federal Deposit Insurance Corporation. Securities have been pledged by the depository banks to collateralize 100% of all remaining deposits. Summary of deposits with financial institutions: Primary government cash and cash equivalents Primary government pooled investments Restricted cash Less: petty cash Deposits with financial institutions Add: petty cash Total primary government cash and other deposits $ 4,420,840 506,784 1,621,415 (1,300) 6,547,739 1,300 $ 6,549,039 The Texas State Comptroller of Public Accounts exercises oversight responsibility over Texpool (pooled investments). Oversight includes the ability to significantly influence operations, designations of management and accountability for fiscal matters. Additionally, the State Comptroller has established an advisory board composed of both participants in Texpool and other persons who do not have a business relationship with Texpool. The Advisory Board members review the investment policy and management fee structure. Standard and Poor's rates Texpool at AAA. 23 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) To maintain the rating, weekly portfolio information must be submitted to Standard and Poor's and the office of the Comptroller of Public Accounts for review. TexPool operates in a manner consistent with the SEC's Rule 2a7 of the Investment Company Act of 1940. TexPool uses amortized cost rather than the market value to report net assets to compute share prices. Accordingly, the fair value of the position in TexPool is the same as the value of TexPool shares. The City's pooled investments at September 30, 2012, are comprised of governmental investment pools in the Texas Local Government Investment Pool (TexPool) as follows: Carrying Amount & Fair Value Public fund investment pools: TexPool General Account $ 204,359 TexPool Building Fund 38,827 TexPool I & S Account 123,413 TexPool Sewer Capital Improvement Fund 140,185 Total public funds investment pools: $ 506,784 Custodial credit risk � _ � ; �� � '� Custodial credit risk is the risk that in the event of a bank failure, the City's deposi�"s may �no be'returned to it. The City's investment policy requires collateralization of certificates of deposit or demand deposits, to be held by an independent safekeeping agent. The safekeeping bank may not be within the same holding company as the banks from with the securities are pledged. City deposits over and above amounts insured by the Federal Deposit Insurance Corporation (FDIC) are collateralized by securities held by the City's safekeeping agent. Interest rate risk Through its investment policy, the City manages its exposure to fair value losses arising from increasing interest rates by limiting the duration of investments within its investment portfolio to a maturity period no greater than three years for the Debt Service Fund, no greater than the final expenditure date for bond proceeds held in a Capital Projects Funds, and no greater than 270 days for all other funds. Credit risk Credit risk is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. According to the City's investment policy, to mitigate credit risk, funds shall be invested in the following types of investments: 1) state or local investment pools 2) direct obligations of the U.S. government 3) bonds with maturities less than two years and guaranteed by the U.S. government 4) certificates of deposits with maturities less than two years 5) repurchase agreements collateralized with U.S. treasury securities with terms less than 90 days 6) SEC registered, AM -rated money market mutual funds with adollar-weighted average portfolio maturity of 90 days or less, and 7) fixed rate or discount notes with a maturity of two years or less pledged or otherwise guaranteed by any of the following federal agencies: Federal National Mortgage Association, Federal Home Loan Bank, Federal Farm Credit Bank, Student Loan Marketing Association, and the Federal Home Loan Mortgage Corporation. NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Concetth-atiott of credit risk Concentration of credit risk is the risk of loss attributed to the magnitude of investment in a single issuer. The City investment policy requires investment funds to be fully collateralized. NOTE C —PROPERTY TAX REVENUE Property and personal taxes are billed and collected by the Collin County Tax Assessor/Collector. The total property tax levy for the 2011/2012 tax year• is $2,346,442. At September 30, 2012, $2,314,801 of the tax has been collected, which is 98.65%. Ad valorem taxes are levied from valuations assessed as of January 1 and recognized as revenue on the date of the levy on October 1. Property tax receivables are recognized when the City has an enforceable claim against the property owner. In the governmental funds, property tax revenue is recognized in the fiscal period for which the taxes are levied, provided that they become available. Available means collected within the current period, or expected to be collected soon enough thereafter, to be used to pay current liabilities. The City's availability period is sixty days. Taxes collected prior to the levy date to which they apply are recorded as deferred revenues and recognized as revenue of the period to which they apply. f Current taxes are levied by October 1 and become delinquent if unpaid on February 1 'Taxes unpaid as of February 1 are subject to penalty and interest as the City Council provides by ordinance. The penalty is 6% for the first month, and increased 1%per month up to a 12% maximum. Under state law, property taxes levied on real property constitutes a lien on the real property which cannot be forgiven without specific approval of the state legislature. NOTE D -RECEIVABLES Receivables at September• 30, 2012, consisted of the following: Primary Government Component Units Economic Community Debt Service Proprietary Development Development General Fund Fund Fund Corporation Corporation Property tax $ 61,089 $ 9,934 $ - $ - $ - Sales tax 93,450 - - 46,725 46,725 Franchise tax and other 81,338 - - - - Court fines 360,826 - - - - Loans (long-term) - - - - 99,900 Utility bills - - 471,875 - - Gross receivables 596,703 9,934 471,875 46,725 146,625 Less: Allowance for uncollectibles (340,355) - (56,726) - - Net receivables $ 256,348 $ 9,934 $ 415,149 $ 46,725 S 146,625 2> NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) NOTE E -CAPITAL ASSETS GOVERNMENTAL FUND TYPE ACTIVITIES Governmental fund type capital asset activity for the year ended September 3Q 2012 was as follows: Retirements, Beginning Transfers, and Balance Additions Reclassifications Ending $alance Nondepreciable assets: Land $ 1,258,437 $ - $ - $ 1,258,437 Construction in progress 45,959 86,768 (45,959) 86,768 Depreciable assets: Park improvements 2,850,373 20,000 45,959 2,916,332 Buildings 993,551 15,138 - I,008,689 Furniture and fixtures 103,101 62,8$6 - 165,987 Streets and drainage 14,392,162 128,019 - 14,520,181 Machinery and equipment 2,026,382 69,557 (37,284) 2,058,655 Totals at historical cost 21,669,965 382,368 (37,284) 22,015,049 Less: Accumulated depreciation (5,643,471) (1,I12,069) 37,284 (6,718,256) Governmental fund type capital assets, net $ 16,026,494 $ (729,701) $ - $ 15,296,793 PROPRIETARY FUND TYPE ACTIVITIES Proprietary fund type capital asset activity for the year ended September 30, 2012 was as follows: Retirements, Beginning Transfers, and Balance Additions Reclassifications Ending Balance Nondepreciable assets: Land and easements $ 350,793 $ 12,120 $ - $ 362,913 Construction in progress 92,285 415,434 - 507,719 Depreciable assets: Furniture 5,620 - - 5,620 Buildings and improvements 486,244 - - 486,244 Equipment 592,321 182,391 - 774,712 Water treatment system b,856,136 - (861,471) 5,994,665 GTUA water improvements - 16,851,929 16,851,929 GTUA sewer improvements - 939,796 939,796 Water and sewer system 28,783,857 42,029 (16,937,353) 11,888,533 Totals at historical cost 37,167,256 651,974 (7,099) 37,812,131 Less: Accumulated depreciation {5,932,873) (1,100,421) - (7,033,294) Proprietary fund type activities capital assets, net $ 31,234,384 $ (448,447) $ (7,099) $ 30,778,837 26 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED] Component units capital asset activities for the year ended September 30, 2012 was as follows: Beginning Balance Additions Retirements Ending Balance EDC component unit: Nondepreciable assets: Land $ 4-i9, l 76 $ 46,9 ] 4 $ - $ 506,090 Depreciable assets: Building $ - $ 366>589 $ - $ 366,589 Totals at historical cost $ 459,176 $ 413,503 $ - $ 872,679 Less; Accumulated depreciation $ - $ (1,527) $ - $ (1,527) EDC capital assets, net $ 459,176 $ 411,976 $ - $ 871,152 Depreciation for general fixed assets is included as an expense for governmental activities on the statement of activities. Depreciation for proprietary type funds are included in both the fund financial statements and on the statement of activities. Depreciation expense was charged to functions/programs of the primary government as follows: Gover�mre�atal acti>ities: Streets Parks Police General government Fire ';=-�-�1 Inspections Total depreciation expense -governmental activities Busilzess-hype acti�vi�ties: Water and sewer $ 719,608 174,024 107,462 58,477 50,929 1,569 $ 1,112,069 $ 1,100,421 Total depreciation expense -business-type activities $ 1,100,421 NOTE F -LONG-TER112 DEBT The City has outstanding general obligation bonds, revenue bonds, notes payable, capital leases, and certificates of obligation for the acquisition of capital assets and the construction of major capital facilities. 27 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) The following is a schedule of future debt service requirements to maturity: Total Governmental Activities Business -Type Activities Fiscal Year Ended Principal Interest Principal Interest Principal Interest 2013 $ 735,710 $ 1,031,446 $ 289,431 $ 184,767 $ 446,279 $ 846,679 2014 816,112 1,021,635 270,115 173,866 545,996 847,769 2015 1,233,000 998,604 273,000 162,642 960,000 835,962 2016 1,282,750 965,310 289,000 151,382 993,750 813,928 2017 1,276,500 943,062 249,000 185,125 1,027,500 757,937 2018-2022 6,537,250 5,550,043 1,346,000 1,181,350 S,191,250 4,368,693 2023-2027 7,360,750 3,032,491 1,682,000 S18,278 5,678,750 2,514,213 2028-2032 2,700,000 937,900 130,000 22,501 2,570,000 915,399 2033-2037 1,168,750 358,104 - - 1,168,750 358,104 2038-2042 590,000 7U,106 - - 590,000 70,106 2043-2047 23,700,821 $ 14,908,701 $ 4,528,545 $ 2,579,911 $ 19,172,275 $ 12,328,790 The following is a summary of the terms of the City's long-term debt at September 30, 2012: Governrnentnl Activities: Balance Original Year of Final "�' �� �'� 1 September 30, Due �Vithin Purpose Amount Issue Maturity Interest Rate 2012 One Year 2005 Combination Tax and Limited Surplus Revenue Certificates of $ 2,480,000 2005 2/15/2026 3.5%-5.25% $ 1,975,000 $ 110,000 Obligation 2007 Certificate of Obligation 1,420,000 2007 2/15/2027 3.95% to 15% I,O55,000 85,000 2007 Revenue Bond 370,000 2007 2/15/2027 3.95% to 15% 270,000 20,000 Capital lease for Groundmaster 70,758 2010 2013 5.38% 19,905 19,905 201 ]Tax Revenue Certificates of 360,000 2011 2/15/2026 3.34�/0 360,000 8,000 Obligation 2009 Tax and Revenue Certificate of 900,000 2009 2/15/2026 4.28% (to I S% 825,000 35,000 Obligation on 02/15/2018) Fire rescue truck note 55,000 2009 2/3/2014 5.00% 23,641 11,526 Compensated absences 105,878 105,878 Total Governmental Activities $ 4,634,424 $ 395,309 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) 6:rsiness-T}ape Activities: Balance Original Year of Final September 30, Due Within Purpose Amount Issue Maturity Interest Rate 2012 One Year 1976 Junior Lien Waterworks and Sewer System Revenue Bonds $ 95,000 1976 9/30/2014 5% $ 10,000 $ 5,000 1976 General Obligation Water Bonds 100,000 197G 9/30/2016 5% 20,000 5,000 2005 GTUA contract 2,885,000 2005 5/1/2028 4.42% 2,180,000 - Series 2006 GTUA contract revenue bonds(12&I5) 2,125,000 2006 6/1/2026 2.95%-3.75% 1,640,000 90,000 Series 2007 GTUA contract revenue bonds 760,000 2007 5/1/2027 3.07%-5.57% 650,000 30,000 2007 GTUA contract 1,105,000 2007 5/1/2027 3.07%-5.57% 960,000 45,000 2007 GTUA contract 2,325,000 2007 6/1/2028 2.95%-4.1% 1,995,000 90,000 2007 GTUA contract 3,365,000 2007 5/1/2032 3.07%-5.62% 3,260,000 50,000 2008 GTUA contract 540,000 2008 9/30/2027 2.29%-5.74% 460,000 20,000 CGMA Pipeline Project Phase I 700,000 2008 10/1/2028 2.29%-5.74% 560,000 22,500 CGMA Pipeline Project Phase II 2,168,750 2008 9/30/2040 5.68%-5.83 2,168,750 - CGMA Pipeline Project Phase III 1,250,000 2008 10/1/2036 2.67%-5.62% 1,150,000 45,000 2009 combination tax and revenue 4.28% (to 15% refunding bond 4,165,000 2009 2/15/2026 on 02/15/2018) 4,090,000 25,000 Backhoe note 87,344 2009 2/2/2014 5% 28,525 18,779 Compensated absences 22,024 22,024 Total Business -Type Activities 19,194,299 468,303 Total general debt (Govermnental Type and Business -Type Activities) $ 23,828,723 $ 863,512 �_� ��� Conwrunit}� Developnter�t Corporation (CDC) Balance Original Year of Final September• 30, Due Within Purpose Amount Issue Maturity Interest Rate 2012 One Year Sales Tax Revenue Refunding Bonds Se►•ies 2012A $ 396,000 2012 2/I5/2018 $ 396,000 $ 63,000 Sales Tax Revenue Bonds- Series 2012B $ 1,655,000 2012 2032 1,655,000 15,000 Total debt : Conununity DevelopmentCorporation $ 2,051,000 $ 78,000 Econorrric Development Cornor7ation (EDC) Balance Original Year of Final September 30, Due Within Purpose Amount Issue Maturity Interest Rate 2012 One Year Note payable $ 335,000 2012 1 l/14/202] 4.465% $ 312,427 $ 28,217 Note payable $ 410,400 2008 2018 5% 279,754 35,231 Total debt : Economic Development Corporation $ 592,181 $ 63,448 29 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Long-term debt activity for the year ended September 30, 2012 is as follows: Beginning Due Within Balance Additions Reductions Ending Balance One Year Governmental activities: 200s Combination Tax and Limited Surplus Revenue Certificates of Obligation 2007 Certificate of Obligation 2007 Revenue Bond 2011 Tax Revenue Certificates of Obligation Capital lease for fire truck Capital lease for Groundmaster Fire truck note 2009 Tax and Revenue Certificate oC Obligation Fire rescue truck note Police car #8 note Other liabilities Total Governmental activity long term liabilities Business activities: 1976 Junior Lien Waterworks and Sewer System Revenue Bonds 1976 General Obligation Water Bonds 200s GTUA contract Series 2006 GTUA contract revenue bonds (12&15) Series 2007 GTUA contract revenue bonds 2007 GTUA contract 2007 GTUA contract 2007 GTUA contract 2008 GTUA contract CGMA Pipeline Project Phase I CGMA Pipeline Project Phase II CGMA Pipeline Project Phase III 2009 combination tax and revenue refunding bond Backhoe note Other liabilities Totals $ 2,08Q000 $ - $ (]Os,000) $ 1,97s,000 $ I10,000 1,I3s,U00 - (80,000) l,Oss,000 85,000 290,000 - (20,000) 270,000 20,000 360,000 - - 360,000 8,000 21,hs1 - (21,6s1) - - 37,404 - (17,s00) ] 9,904 19,904 24,49s - (24,49s) - - 860,000 34,616 13,294 s7.88s - (3s,000) 825,000 35,000 - (10,974) 23,642 11,s27 - (13,294) - - 78 Beginning Due Within Balance Additions Reductions Ending Balance One Year $ l s,000 $ - $ (s,000) $ 10,000 $ s,000 24,s00 - (4,500) 20,000 s,000 �,180,000 - - 2,180,000 - 1,730,000 - (90,000) I,640,000 90,000 680,000 - (30,000) 650,000 30,000 1,000,000 � � � � (40,000) 960,000 4s,000 2,080,000 - � (8s,000) 1,99s,000 90,000 3,28s,000 - (2s,000) 3,2(0,000 s0,000 480,000 - (20,000) 460,000 20,000 s81,2s0 - (21,2s0) s60,000 22,500 �,168,7s0 - - 2,168,7i0 - 1,191,2s0 - (41,250) 1,1s0,000 45,000 4,11s,000 46,382 30 - (25,000) 4,090,000 - (17,8s7) 28s2s 25,000 18,779 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Component Units Debt Conmurrrity Development Corporation (CDC) Beginning Due Within Balance Additions Reductions Ending Balance One Year FY08 Bank note payable -Fed fixed rate plus 3% a.p.r. -Matures 2018 -Original amount was $629,000 $ 438,214 $ - $ (438,214) $ - $ - Sales Tax Revenue Refunding Bonds- Series 2012A Sales Tax Revenue Bonds- Series 2012B CDC Totals: Economic Development Ca7ror7atiorr (LDC) FY08 Bank note payable - 5% a.p.r. -Matures 2019 -Original amount was $380,300 FY 12 Bank note payable - 4.465% a.p.r. - Matures 11/14/2021 -Original issue - $335,000 EDC Totals: $ 438,214 $ 396,000 1,655,000 2,051,000 - 396,000 63,000 - 1,655,000 15,000 (438,214) $ 2,051,000 $ 78,000 Beginning Due Within Balance Additions Reductions Ending Balance One Year $ 313,230 $ - $ (33,476) $ - 335,000 (22,573 $ 313,230 $ 335, (5 ,0 279,754 $ 35,231 312,427 28,217 592,181 $ 63,448 CONTRACTUAL OBLIGATIONS WITH GREATER TEXOMA UTILITYAUTHORITY Under the terms of long term water supply and sewer service contracts between the City and Greater Texoma Utility Authority (GTUA), the city recognizes that GTUA has an undivided ownership interest in the City's water system and sewer collection and treatment facility equivalent to the percentage of the total cost of the facility provided by GTUA through the issuance of GTUA bonds. The City has a contractual obligation to make payments specified by the contract to GTUA to pay the principal and interest on the bonds, maintain a Reserve Fiord for the security and payment of bonds similarly secured, pay the administrative and overhead expenses of GTUA directly attributable to the bonds, and pay any extraordinary expenses incurred by GTUA in comlection with the bonds. Under terms of the contracts the City's obligation to make payments to GTUA, as well as GTUA's ownership interest in the facilities terminates, when all of GTUA's bonds issued in connection with construction of the facilities have been paid in full, are retired, and are no longer outstanding. Collin Grayson Municipal Alliance Transmission Water Pipeline In 2004, the City, along with the City of Van Alstyne, Howe, and Melissa, formed a group called the Collin Grayson Municipal Alliance ("CGMA"). CGMA entered into along -term contractual obligation with GTUA for the purpose of providing funds for the construction of a h•ansmission water pipeline that will provide water to CGMA cities. The cost of the pipeline is being fitnded in four phases. );ach CMGA city was required to make payments to GTUA in an amount equivalent to 25% of the total obligation to cover their portion of the cost of the obligation until the pipeline project was completed. As water continues to flow to each CGMA city, the City shall be charged it's percentage or fraction share of debt service on the obligation based upon: the amount of water to be paid by the City under its water 31 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) contract (i.e. the greater of its minimum take -or -pay amount or the actual amount of water taken) divided by the total amount of water to be paid by all CGMA cities. The sum of the four (4) fractional amounts shall always equal 100°Io of the debt service on the contractual obligation with GTUA. The billing rates for each City will be calculated to provide funds necessary to cover the contractual obligation, interest, repan•s, maintenance, and production costs. At the end of the contractual obligation with GTUA, the City will own an undivided interest in the transmission water pipeline based on the percentage of water it utilized and paid for during the contract term. The contract will expire and the transfer of ownership will occur during the fiscal year ended September 30, 2040, as long as no new debt is issued. i,�� �, �� � � ���_ CDC Series 2012A Sales Tax Reve�aue Refuunding Bo�zds On August 23, 2012, Series 2012A Sales Tax Revenue Refunding Bonds were obtained by the CDC in the amount of $396,000. $377,983 of the proceeds fiom the sale of the bonds were used to refund the CDC's outstanding Texas Leverage Fund Loan in order to restructure such indebtedness. The issuance's net present value has the CDC incurring $3,382 of additional costs after paying all issuance and other costs on the Bonds. The refunded loan and interest due thereon, aie to be paid from fiords deposited with the Escrow Agent. The entire refunded loan principal was redeemed on August 23, 2012. Debt service for the sales tax revenue bonds will be funded from the pledge of net revemie to be received from the State of Texas sales taxes received by the CDC. CDC Series 2012E Sales Tax Reve�Zue Bo�zds On August 23, 2012, Series 2012B Sales Tax Revenue Bonds were obtained by the CDC in the amount of $1,655,000. Proceeds fioin the sale of the bonds are to be used for City of Anna parks and other open space improvements. Debt service for the sales tax revenue bonds will be funded from the pledge of net revenue to be received from the State of Texas sales taxes received by the CDC. NOTE G —LEASES The City has entered into capital lease agreements for the purchase of vehicles and equipment. The following is a schedule of the future minimum lease payments: Year Ending September 30, Groundnlaster 2013 � 21,925 Future minimum lease payments 21,925 Less: amount representing interest (1,SOOj Present value of minimum lease payments $ 20,42.5 Cost of equipment $ 70,758 32 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) NOTE H —FUND BALANCES AND RESTRICTED NET ASSETS Governmental -Type Fund Balances The City authorized the City Administrator to designate cet•tain fund balances as assigned. Excluding unassigned fund balances, the following describes the City's fiord balance classifications at September 30, 2012: Restricted Futtd Balances All fiend balances for the Capital Projects and Debt Service funds are restricted for the intended purpose of these funds. Restricted Fund Balances of $356,686 for the General Fund represents assets restricted by law or by agreements with third pa<•ties. The following describes the various fund balance restrictions for the General Fund: Impact fees for park improvements Eastside Park improvements Fire Department improvements State Seizure funds held in trust Lnpact fees for street improvements Child safety programs Municipal court building security Court bond funds held in trust $ 246,478 29,095 22,931 15,882 15,031 9,808 9,574 5,452 Municipal court technology 1,556 Sweetwater Crossing funds held in trust 862 Law enforcement officer training fund 17 $ 356,686 Cotntrtitted Futtcl Balancer The City Council has committed $110,894 of fund balance for 2013 revenue stabilization in the event of budget shortfalls. This contingency amount must be expended in accordance with Section 7.08 of the Anna City Charter. Proprietaiy Fund Net Assets Net assets are reported as restricted when there are limitations imposed on their use either through the enabling legislation adopted by the City or tluough external restrictions imposed by creditors, grantors or laws or regulations of other governments. At September 30, 2012, the City's proprietary fund net assets were restricted for the following purposes: • The Utility Fund has restricted deposits held in trust by GTUA in the amount of $2,048,323 that will be used for water• and sewer system capital improvements and repayment of contractual obligations. • The Utility Fund has restricted net assets in the form of cash deposits and pooled investments totaling $1,761,600 that will be used for water and sewer system capital improvements and debt service related to such improvements. 33 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) NOTE I — INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS Interfund balances at September 30, 2012 are as follows: Due to/from other funds: Receivable Fund General Water and sewer Net internal balances: NOTE J —RISK MANAGEMENT Payable Fund Water and Sewer Capital Projects Amount $ 202,080 17,999 $ 184,081 The City is exposed to various risks of loss related to litigation, theft, property damage, errors and omissions, injuries, and natural disasters. The City's insurance is by membership in the Texas Municipal League, a public entity risk pool operated by the Texas Municipal League Board for the benefit of governmental units in Texas. Insurance in effect at September 30, 2012 is summarized as follows: Workers compensation, general liability, automobile liability, personal property, law enforcement liability, and errors and omissions. There were no significant reductions in insurance coverage from the prior year. Settled claims for risks have not exceeded insurance coverage for the past four years. NOTE K —SUBSEQUENT EVENTS £_ Subsequent events have been evaluated through the date of issuance which is the date of the auditor's report, and there is one subsequent event to disclose as follows: Isscrance of Series 2012, $4,210,000 Combination Tax and Reve�ure Certificates of Obligation Dated December 20, 2012, these certificates of obligation were issued to fund water and sewer system improvements. This issuance will increase the required debt service for the City's Utility Fund as follows: Totals Fiscal Year Ending Principal Interest 2014 $ - $ 167,096 2015 80,000 100,500 2016 80,000 99,300 2017 80,000 97,900 2018 80,000 96,300 2019-2023 445,000 455,513 2024-2028 1,130,000 384,125 2029-2033 2,315,000 148,312 $ 4,210,000 $ 1,549,046 34 REQUIRED SUPPLEMENTARY INFORMATION City of Anna, Texas Statement of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual -General Fund For the Year Ended September 30, 2012 Revenues Taxes: Pt•operty Sales Franchise Building permits Developer and impact fees Intergovernmental Court Fire Other development fees Other revenue Investment earnings Police Grants Parks Total revenues Expenditures Current: Police Administrative and general Development and animal control Fire Streets Parks Ambulance Court Capital outlays: Debt service: Principal retirement Interest expense Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses) Insurance proceeds Transfers in (out) 'Ibtal other financing sources(uses) Net changes in fund balance Fund balance -beginning Fund balances -ending Variance with Amended Budget - Original Amended Actual Positive Budget Budget Amounts (Negative) $ 2,030,335 $ 2,030,335 $ 2,058,963 $ 28,628 460,000 494,000 522,840 28,840 335,000 335,000 363,970 28,970 81,000 350,000 493,692 143,692 - - 204,580 204,580 93,600 93,600 126,900 33,300 137,975 91,800 98,446 6,646 82,500 57,000 50,935 (6,065) 41,500 43,051 45,634 2,583 36,968 36,968 26,844 (] 0,124) 20,330 20,330 22,799 2,469 15,800 37,300 21,604 (15,696) 25,000 20,657 14,918 (5,739) 3,000 3,000 10,295 7,295 3,363,008 3,613,041 4,062,420 449,379 1�� ����� 1,167,183 1,192,325 1,165,543 2G,782 811,351 862,652 848,949 13,703 362,252 430,367 529,080 (98,713) 387,198 427,398 388,871 38,527 159,500 156,565 163,518 (6,953) 111,215 111,150 116,883 (5,733) 102,793 117,800 114,782 3,018 89,168 89,168 82,055 7, 113 174,600 284,683 273,255 11,428 64,294 63,131 45,632 17,499 3,156 4,319 21,737 (17,418) 3,432,710 3,739,558 3,750,305 (10,747) (69,702) (126,517) 312,115 438,632 - - 8,678 8,G78 - - 18,968 18,968 - - 27,646 27,646 (69,702) (126,517) 339,761 466,278 2,306,489 2,306,489 2,306,489 193,366 $ 2,236,787 $ 2,179,972 $ 2,646,250 $ 659,644 See independent auditor's repot•t. 35 CITY Or ANNA, TEYAS REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2012 RETIREMENT SYSTEM —PENSION FUNDING DATA The City provides pension benefits for all of its fiill-time employees tluough a nontraditional, joint contributory, hybrid defined benefit plan in the statewide, Texas Municipal Retirement System (TMRS), an agent multiple -employer public employee retirement system. TMRS issues stand-alone financial reports amlually and these can be obtained by request at the following address: TMRS, P.O. Box 149153, Austin, Texas 78714-9153. Benefits depend upon the sum of the employee's conh•ibutions to the plan, with interest, and the City - financed monetary credits, with interest. At the date the plan began the Ciry granted monetary credits for service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent (100%, 150% or 200%) of the employee's accumulated contributions. In addition the City can grant as often as aiuivally another type of monetary credit referred to as an updated service credit which is a theoretical amount which, when added to the employer`s accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumulated with interest if the current employee contribution rate and City matching percent had always been in existence and if the employee's salary had always been the average of his/her salary in the last three years that are one year before the effective date. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with interest and the employer -financed monetary credits with interest were used to purchase an annuity. The plan provisions are adopted by the governing body of the City within options available in the statutes governing TMRS and within the actuarial constraints also in the statutes. Plan provisions for the City were as follows: Deposit Rate: 7% (. � _j Matching Ratio (City to Employee): 2 to 1 ` ' ,� �- Member Vested After: 5 years of service Retirement Eligibility: Minimum age 60 with 5 years of service Any age with 20 years of service Contributions Under the state law governing TMRS, the actuary annually determines the City contribution rate. This rate consists of the normal cost contribution rate and the prior service cost contribution rate, both of which are calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the currently accruing monetary credits due to the City matching percent, which are the obligation of the City as of an employee's retirement date, not at the time the employee's contributions are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of the City to each employee at the time his/her retirement becomes effective. The prior service contribution rate amortizes the unfunded (overfunded) actuarial liability (asset) over the remainder of the plan's 25-year amortization period. The unit credit actuarial cost method is used for determining the City contribution rate. Both the employees and the City make contributions monthly. Since the City needs to know its contribution rate in advance for budgetary purposes, there is a one-year delay between the actuarial valuation that serves as the basis for the rate and the calendar year when the rate goes into effect. (i.e. December 31, 2011 valuation is effective for rates beginning January 1, 2012). 36 CITY OF ANNA, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2012 RETIREMENT SYSTEM —PENSION FUNDING DATA (continued) Funding Status and Progress Even though the substance of the City's plan is not to provide a defined benefit in some form, additional disclosure is appropriate due to the nontraditional nature of the defined contribution plan which had an initial unfiuded pension benefit obligation to the monetary credits granted by the City for services rendered before the plan began and which can have additions to the unfunded pension benefit obligation tluough the periodic adoption of increases in benefit credits and benefits. Statement No. 5 of the Govertunental Accounting Standards Board (GASB 5) defines pension benefit obligation as a standardized disclosure measure of the actuarial present value of pension benefits, adjusted for the effects of projected salary increases, estimated to be payable in the future as a result of employee service to date. The measure is intended to help users assess the funding status of public employee pension plans, assess programs made in accumulating sufficient assets to pay benefits when due and make comparisons among public employee pension plans. The pension benefit obligation shown below is similar in nature to the standardized disclosure measure required by GASB 5 for defined benefit plans except that there is no need to project salary increases since the benefit credits earned for service to date are not dependent upon future salaries. The calculations were made as part of the actuarial valuation as of December 31, 2011. Schedule of Actuarial Liabilities and Funding Progress (in thousands Actuarial Valutation Date 12/31/2011 12/31/2010 12/31/2009 12/31/2008 12/31/2007 Value of Assets $ 1,808 $ 1,362 $ 908 $ 622 $ 407 Accrued Liability 2,921 2,557 1,829 1,467 1,029 (Unfunded) Accrued Liability $ (1,113) $ (1,195) $ (921) $ (845) $ (622) Percentage Funded 61.9% 53.3% 49.6% 42.4% 39.6% Annual Covered Payroll $ 2,124 $ 1,982 $ 1,655 $ 1,607 $ 1,233 Ratio of Unfunded to Aruival Covered Payroll 52.4% 60.3% 55.6% 52.6% 48.5% Financial Year 1✓nded September 30, 2012 2011 2010 2009 2008 Contributions Made $ 234 $ 247 $ 203 $ 156 $ 129 37 CITY OF ANNA, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2012 RETIREMENT SYSTEM —PENSION FUNDING DATA (continued) Actuarial Information (December 31, 2011} Actuarial Cost Method Amortization Method Remaining Amortization Period Amortization Period for new gains and losses Asset Valuation Method Investment Rate of Return Projected Salary Increase Includes Inflation At Cost -of Living-Adjustzrzents City -specific Assumptions: Payroll growth assumption Supplemental Death Benefits Fund (SDBF} Projected Unit Credit Level Percent of Payroll 28.2 Years —Closed Period 30 years 10-year smoothed market 7.5% Varies by Age and Service 3.0% 2.l% 3.0% The City contributes to the SDBF at a contractually required rate as determined by an anznial actuarial valuation. The rate is equal to the cost of providing one-year term life insurance. The funding policy for the SDBF program is to assure that adequate resources are available to meet all death benefit payments for the upcoming year; the intent is not to pre -fund retiree term life insurance during employees' entire C�YII��3K�1 The City's contributions to the TMRS SDBF for the years 2012, 2011, 2010, 2009, and 2008 were $2,45d, $2,807, $2,814, $2,571, and $2,052 respectively, which equaled the required contributions each year. COMPLIANCE AND INTERNAL CONTROLS SECTION and Company PLLC Certified Pub1�c Acoountanis REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Marc1126, 2013 To the City Council of the City of Axzna, Texas We have audited the financial statements of the City of Am1a, Texas (fihe "City") as of and for the year ended September 30, 2012, and have issued our report thereon dated March 26, 2013. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Audr'trng Standards, issued by the Comptroller General of the United States. Infiernal Control Over Fixzaneial Reporting In planning aiid performing our audit, we considered the City's internal control over financial reparting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of flee City's internal control over finaizcial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal coiztrol over financial reparting. A deficiency in lnter•nal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material K�eakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will zzot be prevented, or detected and corrected on a timely basis. Our consideratiozz of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify ail deficiencies in internal control aver financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. However, we identified a deficiency in internal control over fi7zancial reporting that we consider to be a significant deficiency in internal control over financial reparting. A sig�alficant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. 39 LaFollett &Company PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 • www.lafalfet�cpa.com Preparation of Financial Statements The City does not prepare its own full -disclosure financial statements as required by generally accepted accounting principles. This could impact the City's ability to report financial data reliably such that there is more than a remote likelihood that a misstatement of the City's financial statements that is more than inconsequential will not be prevented or detected. Management's Response: Management agrees with auditor's comments and the City will continue to annually weigh the benefit of preparing its own frill -disclosure financial statements versus the cost of doing so. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of management, the City Council, others within the entity, and appropriate state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. Tom Bean, Texas March 26, 2013 �s �n li . �t�� � 40 Item No. 7 City Secretary's use only City of Anna City Council Agenda Council Meeting: March 26, 2013 Account Code Budgeted Amount: N/A AGENDA SUBJECT: Review Draft Budget Calendar Staff Report Staff Contact: Clayton Fulton Date Prepared: 3/21/13 Exhibits: QYes ❑No SUMMARY: The Local Government Code and our City Charter provide guidelines for the process of adopting the annual budget. In order to fund our annual budget, the City must also adopt a property tax rate (tax rate). The process for adopting the tax rate is stipulated in the Tax Code. Adopting the budget and tax rate goes hand in hand; therefore the budget calendar presented below incorporates the requirements of Texas Code and our City Charter for adopting the annual budget and tax rate. The calendar has highlighted the important dates and deadlines that must be met in order to pass the budget and tax rate. Dates in blue highlight various requirements that staff will complete; dates in gray highlight public meetings with the City Council; dates in red are holidays. The calendar presented is based upon an assumption that our proposed rate will likely exceed our effective rate (as it did so for the current year budget). If you recall, when the proposed rate exceeds the effective rate, additional public hearings and publications are required. To be clear, staff does not foresee the need to increase our existing tax rate; we propose maintaining our existing tax rate. However, with any stabilization to property values and with new value added to the rolls, staff wishes to be prepared for any extra requirements and meetings. Every effort has been made keep to our regularly scheduled council meetings. The only exceptions are July 30 and September 3. This is to ensure that adequate time and attention are devoted to the budget process prior to its adoption. Additionally, the proposed schedule provides for the budget and tax rate adoption in early September. The early time table allows council and staff the ability modify the schedule as needed while maintaining our ability to adopt and establish the budget in a timely manner. RECOMMENTDATION: None May 2013 S M T W Th F Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 2013 S M T W Th F Sa 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 24 25 26 27 28 16 22 23 29 July 2013 S M T W Th F Sa 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2013 S M T W Th F Sa 11213 4 5 6171819110 11 12113114115116 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 2013 S M T W Th F Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 BUDGET/TAX RATE CALENDAR-FY 14 I,�,� j% 01-Deadline to activate budgeting program for department directors and submit updated 5 year CIP to City Manager 28-Budget Priorities workshop with City Council 31-Deadline to submit FY 14 revenue and expenditure budgets June 03-21-City Manager/Finance Department meets with Department Di- rectors to discuss Budget Proposals 25-City Council Workshop on Long Term Debt 28-Deadline for five-year operating budget projections my 23-Present Budget to City Council; name date &time for public hearing 25-Deadline for chief appraiser to certify appraisal rolls to taxing units 25-Publish 1st public notice for public hearing on the Budget 30-Budget Workshop with Council August 01-Publish 2nd public notice for public hearing on the Budget 02-Sub►nit effective and rollback tax rates to the City Council 07-Deliver Budget to City Secretary for Public Review; post on website 08-Publish effective and rollback tax rates 09-72 hour open meetings notice for public hearing on the Budget 13-Public Hearing on the Budget 13-Council to discuss the Tax Rate and votes on proposed rate; name date &time for Public Hearing on the Tax Rate 15-Publish "Notice of Public Hearing on Tax Increase" per Texas Tax Code and post on website 23-72 hour open meetings notice for 1st hearing on Tax Rate 27-1st Public Hearing on Tax Rate 30-72 Hour open meetings notice for 2nd hearing on Tax Rate September 03-2nd Public Hearing on Tax Rate 03-Schedule and announce meeting to adopt tax rate in 3-14 days O5-Publish "Notice of Tax Revenue Increase" per Texas Tax Code and post on website 06-72 hour open ►neetings notice to adopt the Budget and Tax Rate 10-Meeting to adopt the Budget and Tax Rate *Dates may be subject to change **Staff dates are in Blue; Holidays are in Red; Cow�cil dates are in Gray i Council Meeting: March 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: Maurice Schwanke Date Prepared: 03/21/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To consider public comments regarding an amendment to Anna's Master Thoroughfare Plan/Comprehensive Plan on areas commonly known as "Anna Town Center". (b) Consider/Discuss Action regarding an ordinance amending Anna's Master Thoroughfare Plan/Comprehensive Plan along areas commonly known as "Anna Town Center". SUMMARY: With the approval of Zoning Case 129-2004 an overall concept plan for the area known as "Anna Town Center" was developed. The Plan as shown below identified a proposed road system that in part helped establish the approved zoning districts. The major thoroughfares are shown in pink. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission recommended approval of Anna's Master Thoroughfare Plan/ /Comprehensive Plan unanimously at their meeting on March 4, 2013. RECOMMENDED ACTION: Approval EXISTING CONCEPT PLAN AREA PD DISTRICT CONCEPTUAL MASTER PLAN Item No. 8 City Secretary's use only With the development and adoption in March of 2010 of the "Anna Comprehensive Plan 2030" the thoroughfare alignments changed significantly. The end result was based on discussions and agreement with the developer's representatives as well as the Citizens Advisory Committee involved in the development of the plan. One of the major component of the change was a desire to establish an east -west route continuity while maintaining the north -south alignment of a major thoroughfare from north of White Street southerly to the new proposed Collin County Outer Loop. The end result is shown below with the thoroughfares overlaid over the concept plan of 129-2004 zoning concept plan. NOTE � 3 (BFLLOY� Item No. 8 City Secretary's use only ADOPTED THOROUGHFARE PLAN OVER CONCEPT PLAN ■ ;, ■ `� '�f �--� s `� t, ; a � ` Y �Sfi _ a', v �'ri �, v %�� �s�� R �G . ���ii � ; �, a` �\`gyp Qi/ii�� :� .. t � ■ � � � s � The requested change continues to provide for the east -west route continuity as well as the north -south connection from north of East White Street and the Collin County Outer Loop. The locations of the thoroughfare have been modified but the concept is intact. Several portions of the adopted thoroughfare plan as shown are also being eliminated. These portions were originally added through working with the developer. These sections may be built as part of the internal circulation and not necessary as part of the Thoroughfare Plan. The 60' (green) road would not be part of the Thoroughfare Plan but is shown for conceptual purposes. Item No. 8 City Secretary's use only ZONING CONCEPT PLAN WITH ALTERNATE ® 60' R.O.W. - 37' BB SECTION 80' R.O.W. -ULTIMATE 4 LANE DIVIDED � 120' R.O.W. -ULTIMATE 6 LANE DIVIDED With these thoroughfare changes and the existing zoning entitlements in the area the Comprehensive Plan Future Land Uses will also need to be adjusted. The Staff would recommend the adjustments as shown below. For illustrative purposes the existing Plan is also shown. Item No. 8 City Secretary's use only EXISTING COMPREHENSIVE PLAN �� � }� ,' - - _ _- �- - _ I � - � �apunnmma!'�°°ulnnniinJiui `' i= � ��' � �4lpp�////II/IIIIIIIitltlit •` � - o�` ii��lr ""�;�� . �- -, ■ w - `ini� nuominuni � .... . � ■ 1NIUIIptIWt'11Is� a � . ■ r f. c� • . J s � �1 PROPOSED COMPREHENSIVE PLAN + i �i ® Imo. f � . t - ♦ . 1' ■ ■ 1 . 4 • • . • ..7., rvi:.i.u.:R i�. ■ ■ ■ ■ t� ►' -�\ Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, March 26, 2013 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN MAP. PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Copies of the Comprehensive Plan Map" are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE ANNA, TEXAS, PROVIDING FOR THE APPROVAL AND ADOPTION OF A REVISION AS PROVIDED IN EXHIBIT "A" TO THE COMPREHENSIVE PLAN 2030, TOGETHER WITH ALL EXHIBITS AND APPENDICES THERETO, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna had determined that the existing Comprehensive Plan Map was in need of updating; and WHEREAS, such Plan has been drafted and reviewed by the staff, the Planning and Zoning Commission, and the City Council; and, WHEREAS, the required public hearings have been held, in compliance with State law, receiving public comments; and WHEREAS, such Comprehensive Plan Map revision has been presented to the City Council for review and adoption; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City to approve and adopt the revision to the Comprehensive Plan 2030; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE ANNA, TEXAS: SECTION 1. That the City of The Anna Comprehensive Plan Map, adopted November 20, 2006, as amended, is hereby amended by adopting the Comprehensive Plan 2030, which is attached hereto and incorporated herein by reference as Exhibit "A", together with all Exhibits and Appendices thereto, be, and the same is hereby, approved and adopted by the City Council in accordance with Chapter 213 of the Texas Local Government Code. Section 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. DULY PASSED by the City Council of the City of Anna, Texas, this 26th day of March, 2013. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor Mike Crist EXHIBIT "A" REVISED PORTION OF THE COMPREHENSIVE PLAN MAP 4 � ■ t I' • f , __ L�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII . � . �A � ■r �� y{OIIRI HOMETOW N Council Meeting: March 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: Maurice Schwanke Date Prepared: 03/26/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To consider public comment on a request by Bobby L. Samuel III, representative for the "Anna Town Center No. 5/HSLT, LTD" requesting an amendment to Zoning Ordinance No. 129-2004, changing the zoning from SF-72 (Single Family Residential) to C-1 (Restricted Commercial). The tract contains approximately 10 acres. The entire property is generally located East of South Powell Parkway and North of County Road 422. (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance amending Zoning Ordinance No. 129-2004, changing the zoning from SF-72 (Single Family Residential) to C-1 (Restricted Commercial). The tract contains approximately 10 acres. The entire property is generally located East of South Powell Parkway and North of County road 422. (Maurice Schwanke SUMMARY: The proposed change in Zoning is in keeping with the existing Comprehensive Plan and with the proposed amendment to the "Plan". As such the Staff is in support of this zoning change. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission recommended approval of the zoning unanimously at their meeting on March 4, 2013. RECOMMENDED ACTION: Approval of ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, March 26, 2013 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The Property is currently zoned as "SF 72" (Single Family Residential) as per Ordinance No. 149-2004. The owner is requesting a change to "C-1" (Restricted Commercial). The tract contains approximately 10 acres. The entire property is generally located East of South Powell Parkway and North of County Road 422. A map and other documents regarding the zoning request are enclosed. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. Skc�tburg Company S214 wcstdratcr, Stc 710 Dallas, TX 7527.4 Phone: 21 di522�t9.35 rax: 21=usu-7�a�t �s�� Februaty 20, 2013 Mr. iVlaurice Schwattke Planning Director City of Anna, TX 1 I 1 N. Powell Pkwy Alu�a, TX 75409 Re: Letter• of Intent Zoning Request for 10 Acre Tract of Land situated in the Granciison Stark Survey, Abstract No. 78, being part of 43.G7 acre tract Mr. Sclnvar�lce: This purpose of this letter is to confirm our intent for a zoning change fi•om SF-72 to C-1 on approximately 10 acre tract of land situated in the Grandison Stark Survey, Abstract No. 78, being part of a 43.67 acre tract alit:l 1110re j)artlCulal'Iy deSCPlbed on the legal description and exhibit provided. The zoning change from SF- 72 to C-I will be in compliance with the City of Anna's adopted Future Land Use Plan. Should you have any questions regarding this request, please cio not hesitate to contact me at 21�.522.�19�15. Thank you again for the City's assistance. Cordially yours, Bobby L. Samuel III Skorburg Company Lht�s��� �e��p.tf` Al)li)1YC�1$1011 �dJi• �tDlllil� ��iilll�, I'Ie�lse clleci: the a�l)1•opl•aat� b®� below d® inclicsite the tVI)t' ®$ 1•f',(lju�5t �®tl iil•e I1121I{III, alid I)1'OV1t:�C illl lll�•O1'I11�itliDil 1•Q'(�Jtlll•ci� t0 I)1'000�S V011l' 1'�(]11eSt. �italiaC ©�ipCClfIC USC 1!DCI'illlt ©li��a1111Cd ❑ Zoiiiti� Verification Letter D Zoning Compliance lnsnectioii Ca Sitc Plan NOTE: Failure to obtain final approval on this case within six mouths tray constitute denial or withdrawal of this case by Council or Staff without refiutd of fees. Pees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Fees: Zoning - $300, plus SIO per acre Planned Development -$500, plus S30 per acre Specific Use - 5300 plus S10 per acre, Zoning Compliance Ltspcctiou - $100 7.onina Verification better-!s100 Site Plan - 5250 one acre or less 5300 more than one acre Request Information Location: fffC /Ja• S 23�b �/E `FCcr/!cC lL yZZ '�Subclivisiott. Lot No. Block No. Size of Request /D,QCQES Existing Zoning �F-7ot Requested Zorting/Use _ �l112nc� ctF O2i,(f�ClY l 'kA metes and bounds description nnrst be attached if the request is for: (A) a portion of a platted lot or (B) not a�'! platted lot. Applicant/Owner Information • ICey Ca►rtact 8r3 vEL Telephone No. 2/'isZz /i�j'{/,S FAX No. 2///SZZ 71�y Address / .es CH2�7EG SurTE '7/0 City J/}wt•s State' _Zip Code `7.YZ7� Email F.L S�l�t2r��[CR/'�y �''`L Contacts Status: (check one) ❑ Owner• � representative O Tenant O Prospective Btryer The owner's signature is required on this application and must be notarized, whether a single owner or a corporation. This is to certify that I/�Ve the undersib fed, ant/are the sole owners) of the property described above on the date of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete same. � �-' Owner please print t�4TJw fk�.1iC- �°'S �St� �'• signattu•e_ G'li�i��� / �— " - Address �21t STCt�'� /°Telephone No. —2/l� S-7 Z YSYI— PAX No. /� S2 t 7Cy' City__�� State�ZipCocle 7S7zr— Email SKr'ZB�r.(�Ps/uzB.s[c.Cc��•`��/C�v�� Corporatiat/Pardtersltip/Owner• nlq leWn� '[.G.17f,C' A/U. � %JSC..T (_,i7) Address. �/�/ruyT�Ne�t� SW� �//p Telephone No. �/y. !'/9//r FAX No. StZ Z City �zt�t 5 State_j,� Zip Code '7SiZJ' Email hs4�rtrrFG L fec�kJy. Ccrt Notary Statement (All Signatures I1�ust Bc 1Votarizecl) Before me, the undersigned authority, on this clay personally appeared /)��'"� '� �vG�L— (owner oragent name) known to me to be the person whose name is subscribed to the above and foregoing insh•ument and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. of office on this (� Notary Public In and for rho State of Texas. My Commission Expires: 'zc13 SEAL Colleon Patrick My Commission Expires 04/18/2013 CITY OP ANNA DISCLOSURE O1�INTERESTS The applicant and the owner shall both file statements in those cases where the applicant does not own the roe which is the sub'ecl of consideration or action. Every question must be answered. If the question is not app icable, answer with "N/A". DISCLOSURE QUESTIONS A. Do you believe that a City official` or City employee"'�` may have a conflict of interestit� the property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of interest in tl�e property or application referenced on reverse side. C. State all information upon wliicl� you base the belief (use additional paper, if necessary). I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Person: �r��'� �`t*� u� L Title of Certifying Person: I%'�t,l c:P��-�.+ � ��� c`o� .!� Signature of Certifying Person: —� �__ `Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of Adjustment members. '�*City Manager, City Secretary, City Attorney, and all department Leads CITY OF ANNA, TEXAS ORDINANCE NO. Generally located East of South Powell Parkway and North of County Road 422. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a frill and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the h•act described in Exhibit A, attached hereto and made an integral part of this ordinance, from Single Family Residence (SF-72) zoning to Restricted Commercial (G1) District zoning. 1. Ail other provisions of the Restricted Commercial (C-1) District in the existing City of Anna Zoning Ordinance are applicable to the tract and any uses of the tract. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this day of , 2013. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist EXHIBIT A • • I Q , 1 :11 1 •) 1 �. 1 1 - : 1 1 / 1 r:l/, 1 /' 1 1 ` ' / - 1 ! / 1 u a 1 1: 1 : 1 1 r :.; 1 :•/ i / I.1 • 1 1' ' 1 1 1 i ��l 1 / / 1 1 / 1 :il 1 1' 1 .• 11 1 1: 1 1 1 :•1 1 1' 1 1 Q 1 , / 1 1 1 1 1 1/ t� %� / t 1 / / 1 (.� 1 1.: 1 I: 1 1 � 1 1 1 11 1 1 1 / - 1/ / 1: 1 1 I 1 I 1 :, �, /•1 , I' / u I' i ( /• 1: 1 1! 1 1/ 1 7• 1 1 r: l 1 ` 1 :7 �1 1�1 7 / tl 1 111 1 1 1' r M 1 Iv! 1 11 ' `' / � �� 1 1 ! tl 1 II ( 1 1 / 1 : 1 1 r:11 M' 1 7 1 1 / 1 , /1 1/ / !11 : 1- 1 i' :. 1 1' 1 `•: 1 / 4 1 : I:1 / ll 1 1 I � :. 1 1� I� :� , 1 1� 1 1/ 1 r: 1 1 1 1 1 i ,1 '' i l � ' C I ! ; 1 1 / l r. 1 1� 1 1 y :: 1 t, l 422 421 �� SITE "SF 72 TO "C-1" Cy�� � ■ � � o � 0 ■ Y � i � 455 Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report CITY OF ANNA, TEXAS Council Meeting: March 26, 2013 Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: x Yes _ No AGENDA SUBJECT: Second reading of a resolution authorizing the Anna Community Development Corporation to undertake a project including a funding and reimbursement agreement with Anna 455 Commercial, LP for the temporary funding of certain improvements and reimbursement of said funding. (Jessica Perkins) SUMMARY: Last year businesses and property owners along FM 455/White St were assessed a fee if they wanted a median break along FM455 for a turn lane for direct access to their property. The fee for the median break runs close to $70,000. Although this fee is split among property owners on the north and south sides of FM455, the owners of Anna 455 commercial has yet to develop their property and felt the assessment was high for land that is undeveloped. The CDC and Anna 455 Commercial would like to enter into an agreement whereby the CDC pays a portion (@$20,000) of the funds needed for the median break and upon construction of a business on their property Anna 455 will repay the CDC. STAFF RECOMMENDATION: Staff recommends you approve. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING AND APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO EXECUTE AN IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT WITH ANNA 455 COMMERCIAL, LP WHEREAS, the City of Anna City Council intends to allow the Anna Community Development Corporation (the "CDC") to execute an agreement with Anna 455 Commercial, LP ("Anna 455") for the temporary funding of certain improvements and reimbursement of said funding; and WHEREAS, the City of Anna City Council has found and determined that the expenditure is in the best interest of the CDC and approves the amount of the agreement with the terms of the performance criteria as described in Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Expenditure The City Council of the City of Anna, Texas hereby authorizes the CDC to enter into the Agreement with Anna 455 Commercial for funds in an amount up to $20,000 to be conditioned on performance criteria as described in Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna this day of 2013. APPROVED: ATTEST: Mayor, Mike Crist City Secretary, Natha Wilkison CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 Item No. 11 City Secretary's use only �� City of Anna City Council Agenda Staff Report CITY OF ANNA, TEXAS Council Meeting: March 26, 2013 Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: x Yes _ No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution authorizing the Anna Community Development Corporation to undertake a project including a funding and reimbursement agreement with Anna 455 Commercial, LP for the temporary funding of certain improvements and reimbursement of said funding. (Jessica Perkins) SUMMARY: Last year businesses and property owners along FM 455/White St were assessed a fee if they wanted a median break along FM455 for a turn lane for direct access to their property. The fee for the median break runs close to $70,000. Although this fee is split among property owners on the north and south sides of FM455, the owners of Anna 455 commercial has yet to develop their property and felt the assessment was high for land that is undeveloped. The CDC and Anna 455 Commercial would like to enter into an agreement whereby the CDC pays a portion (@$20,000) of the funds needed for the median break and upon construction of a business on their property Anna 455 will repay the CDC. STAFF RECOMMENDATION: Staff recommends you approve. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING AND APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO EXECUTE AN IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT WITH ANNA 455 COMMERCIAL, LP WHEREAS, the City of Anna City Council intends to allow the Anna Community Development Corporation (the "CDC") to execute an agreement with Anna 455 Commercial, LP ("Anna 455") for the temporary funding of certain improvements and reimbursement of said funding; and WHEREAS, the City of Anna City Council has found and determined that the expenditure is in the best interest of the CDC and approves the amount of the agreement with the terms of the performance criteria as described in Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Expenditure The City Council of the City of Anna, Texas hereby authorizes the CDC to enter into the Agreement with Anna 455 Commercial for funds in an amount up to $20,000 to be conditioned on performance criteria as described in Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna this day of 2013. APPROVED: ATTEST: Mayor, Mike Crist City Secretary, Natha Wilkison CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT This Improvement Funding and Reimbursement Agreement (this "Agreement") is made by and between the Anna Community Development Corporation (the "CDC"), and Anna 455 Commercial, LP ("Anna 455") on the 26`" day of March , 2013 (the "Effective Date"). WHEREAS, on or about April 24, 2012, the City of Anna, Texas (the "City") created a public improvement district under Chapter 372 of the Texas Local Government Code, pursuant to that certain Petition for the Creation of a Public Improvement District within City of Anna, Collin County, Texas, (the "Petition") submitted to the City on January 23, 2012, by Brookshire Grocery Company, Anna Market Center, Ltd., Independent Bank Group and LSB Partners, Inc.; and WHEREAS, the City levied assessments on the owners of property located in said district, which is more specifically identified as the FM 455 Median Break Public Improvement District (the "District"); WHEREAS, the City's levy of assessments on the owners of property located within the District was in equal shares for the purpose of funding the costs of certain improvements to specially benefit the properties in the District including the construction of a median break (the "Improvements") located within the District on the street designated as Farm to Market Road 455 and also known as White Street ("FM 455"); WHEREAS, Anna 455 owns or is in the process of purchasing 19.85 acres within the District of undeveloped real property (collectively, the "Property") located north of FM 455 within the District and described more particularly in Exhibit "A" to this Agreement, said Exhibit "A" being attached hereto and incorporated herein by reference; WHEREAS, Anna 455's share of the cost of the Improvements associated with the Property was calculated to be and was assessed by the City in the amount not to exceed $36,411.14 (the "Anna 455 Assessment Amount"); WHEREAS, the construction of the Improvements is anticipated to be undertaking undertaken by the Texas Department of Transportation ("TxDOT "), and it is expected that the City will be invoiced by TxDOT for the cost of construction, at which time the City will pay TxDOT for the construction costs of the Improvements and will collect the assessments levied on the owners of the properties within the District, including the Property; WHEREAS, Anna 455 has requested that the CDC assist Anna 455 in connection with its payment of the Anna 455 Assessment Amount, and after considering Anna 455's request, the CDC's Board of Directors (the "Board") has determined that it should provide partial and temporary reimbursement to Anna 455 once Anna 455 has paid the Anna 455 Assessment Amount; WHEREAS, the Board desires to commit up to $20,000 to partially and temporarily reimburse Anna 455 for its full payment of the Anna 455 Assessment Amount; provided, however, that said partial and temporary reimbursement by the CDC shall be in exchange for Anna 455's promise to fully reimburse the CDC for said partial funding at a later date and under the terms as set forth in more detail in this Agreement; and WHEREAS, after conducting a public hearing on May 10, 2012 regarding the partial funding or reimbursement described in the forgoing recital (hereinafter sometimes referenced as the "Project"), the Board finds found that the Project promotes new or expanding business development; WITNESSETH: Anna 455 and the CDC ("Parties" when referenced collectively), for the mutual promises and consideration set forth herein, hereby agree as follows: IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT PAGE 1 OF 4 Section 1. Recitals Incorporated The foregoing recitals are incorporated into this Agreement as if set forth in full for all purposes. Section 2. Effective Date and Triggering Events Once executed in full by the Parties, this Agreement shall be effective as of March 26,� 2013 ,except that the CDC obligations under Section 4 of this Agreement shall not arise unless and until both of the following triggering events have occurred: (1) the City of Anna City Council adopts a resolution authorizing the Project after giving the resolution at least two readings; (2) notice of the Project has been published for 60 days and the requirements of Texas Local Government Code § 505.160 have been satisfied; and (3) Anna 455 has become the owner of the entirety of the Property and has provided adequate verification of ownership to the CDC's Chief Administrative Officer. Section 3. District Assessments This Agreement in no way alleviates or modifies Anna 455's obligation to pay to the City the Anna 455 Assessment Amount and as a condition precedent to the CDC's obligations under this Agreement, Anna 455 agrees to pay to the City the full amount of the Anna 455 Assessment Amount at the time that the City seeks collection of said amount. Anna 455 further makes the material representation that it shall pay to the City, in addition to the Anna 455 Assessment Amount, any additional amounts sought by the City, under the terms of the levy of assessments as set forth in City of Anna, Texas Ordinance No. 578-2012 in the event that actual costs of the Improvements exceed estimated costs. Section 4. CDC's Obligation to Pay Anna 455 Within 10 days after Upon Anna 455's provides notice to the CDC that it has made payment in full to the City of the Anna 455 Assessment Amount, the CDC shall pay to Anna 455 within 10 days after notice the amount of Anna 455's Assessment Amount to the City, less $20,000; provided, however, that the CDC's obligation to pay Anna 455 under this section shall not arise unless and until: (1) all of the triggering events set forth in Section 2 of this Agreement have occurred; and (2) Anna 455 has provided written notice to the CDC that it has paid the Anna 455 Assessment Amount in full, along with documentary proof of said payment, such as a copy of a cancelled check or other reasonable evidence of payment. Section 5. Anna 455's Obligation to Reimburse CDC (a) After the CDC performs its obligation to pay Anna 455 under Section 4 of this Agreement, Anna 455 shall reimburse the CDC in the amount of $20,000, and said reimbursement shall be due and owing on or before the earlier of the following dates: (1) four five years after the Effective Date of this Agreement; or (2) the date that Anna 455 or any owner of any part of the Property submits a proposed final plat to the City for purposes of subdividing and developing any part of the Property. (b) As used in this subsection (a), the term "final plat" does not include any plat that may be required for: (1) the sole purpose of conveying (and not developing) of any part of the Property into resulting tracts, with the determination of purpose being made exclusively by the Board; or (2) the sole purpose of constructing a roadway to be dedicated for public use. (c) Should the CDC have ceased to exist before the earlier of the two dates set forth in subsection (a) of this section, then Anna 455 shall make its reimbursement payment otherwise due to the CDC under this Agreement to the City. IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT PAGE 2 OF 4 Section 6. Term and Termination The term of this Agreement is from March 26, 2013May 10, 2012 until all of the obligations of both Parties, if triggered, have been met in accordance with the provisions of this Agreement. Section 7. Amendment This Agreement may not be amended except pursuant to a written instrument signed by the Parties. Section 8. Notice To be effective, notice as required by this Agreement shall be in writing and delivered via U.S. certified mail, return receipt requested, at the addresses listed below: CDC CDC President CDC Chief Administrative Office Anna Community Development Corp. 111 N. Powell Parkway Anna, Texas 75409 ANNA 455 Anna 455 Commercial, LP Attn: Craig Curry 10950 Research Road Frisco, Texas 75033 Each party shall notify the other in writing within 10 days of any change in the mailing -address information listed in this section. Section 9. Undocumented Workers To the extent that the any funds paid by the CDC to Anna 455 under this Agreement qualify as public subsidies as set forth in Tex. Gov't Code, Chapter 2264, Subchapter B, Anna 455 is bound by the requirements and prohibitions of said subchapter with respect to undocumented workers, as defined in Texas Gov't Code § 2264.001. It is acknowledged, understood and agreed that in its application for any amounts qualifying as public subsidies that are the subject of this Agreement, Anna 455 certified to the CDC that it does not and will not knowingly employ an undocumented worker. Notwithstanding anything to the contrary in this Agreement, if Anna 455 is convicted of a violation under 8 U.S.C. §1324a(f), Anna 455 shall repay the amount of any funds that qualify as public subsidies under Texas Gov't Code § 2264.001 and that are received by Anna 455 from the CDC as of the date of such violation not later than 120 days after the date Anna 455 is notified by the CDC of the violation, plus interest from the date any such funds were paid to Anna 455, at the rate periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by COSADC) as its prime or base commercial lending rate. The payment of interest shall be as if it had been accruing from the date the funds were paid to Anna 455 until the date the funds are repaid to the CDC. Section 10. Entire Agreement This Agreement represents the entire and integrated Agreement between the Parties and supersedes all prior negotiations, representations and/or agreements, either written or oral. IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT PAGE 3 OF 4 Section 11. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and pertormance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 12. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 13. Contract Interpretation This Agreement 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 not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 14. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. IN WITNESS WHEREOF, duly authorized agents of the CDC and Anna 455 have executed this Agreement on behalf of their respective principals as follows: CDC Anna Community Development Corporation By: its President Attest: CDC Secretary ANNA 455 Anna 455 Commercial, LP, a Texas limited partnership By: Anna 455 Commercial GP, LLC, its general partner By: Craig Curry, Manager Witness: (printed name) IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT PAGE 4 OF 4 IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT This Improvement Funding and Reimbursement Agreement (this "Agreement") is made by and between the Anna Community Development Corporation (the "CDC"), and Anna 455 Commercial, LP ("Anna 455") on the 26th day of March , 2013 (the "Effective Date"). WHEREAS, on or about April 24, 2012, the City of Anna, Texas (the "City") created a public improvement district under Chapter 372 of the Texas Local Government Code, pursuant to that certain Petition for the Creation of a Public Improvement District within City of Anna, Collin County, Texas, (the Petition) submitted to the City on January 23, 2012, by Brookshire Grocery Company, Anna Market Center, Ltd., Independent Bank Group and LSB Partners, Inc.; and WHEREAS, the City levied assessments on the owners of properly located in said district, which is more specifically identified as the FM 455 Median Break Public Improvement District (the "District"); WHEREAS, the City's levy of assessments on the owners of property located within the District was in equal shares for the purpose of funding the costs of certain improvements to specially benefit the properties in the District including the construction of a median break (the "Improvements") located within the District on the street designated as Farm to Market Road 455 and also known as White Street ("FM 455"); WHEREAS, Anna 455 owns or is in the process of purchasing 19.85 acres within the District of undeveloped real property (collectively, the "Property") located north of FM 455 within the District and described more particularly in Exhibit "A" to this Agreement, said Exhibit "A" being attached hereto and incorporated herein by reference; WHEREAS, Anna 455's share of the cost of the Improvements associated with the Property was calculated to be and was assessed by the City in the amount not to exceed $36,411.14 (the "Anna 455 Assessment Amount"); WHEREAS, the construction of the Improvements is anticipated to be undertaken by the Texas Department of Transportation ("TxDOT "), and it is expected that the City will be invoiced by TxDOT for the cost of construction, at which time the City will pay TxDOT for the construction costs of the Improvements and will collect the assessments levied on the owners of the properties within the District, including the Property; WHEREAS, Anna 455 has requested that the CDC assist Anna 455 in connection with its payment of the Anna 455 Assessment Amount, and after considering Anna 455's request, the CDC's Board of Directors (the "Board") has determined that it should provide partial and temporary reimbursement to Anna 455 once Anna 455. has paid the Anna 455 Assessment Amount; WHEREAS, the Board desires to commit up to $20,000 to partially and temporarily reimburse Anna 455 for its full payment of the Anna 455 Assessment Amount; provided, however, that said partial and temporary reimbursement by the CDC shall be in exchange for Anna 455's promise to fully reimburse the CDC for said partial funding at a later date and under the terms as set forth in more detail in this Agreement; and WHEREAS, after conducting a public hearing on May 10, 2012 regarding the partial funding or reimbursement described in the forgoing recital (hereinafter sometimes referenced as the "Project"), the Board found that the Project promotes new or expanding business development; WITNESSETH: Anna 455 and the CDC ("Parties" when referenced collectively), for the mutual promises and consideration set forth herein, hereby agree as follows: 0 Section 1. Recitals Incorporated The foregoing recitals are incorporated into this Agreement as if set forth in full for all purposes. Section 2. Effective Date and Triggering Events Once executed in full by the Parties, this Agreement shall be effective as of March 26, 2013, except that the CDC obligations under Section 4 of this Agreement shall not arise unless and until both of the following triggering events have occurred: (1) the City of Anna City Council adopts a resolution authorizing the Project after giving the resolution at least two readings; (2} notice of the Project has been published for 60 days and the requirements of Texas Local Government Code § 505.160 have been satisfied; and (3) Anna 455 has become the owner of the entirety of the Property and has provided adequate verification of ownership to the CDC's Chief Administrative Officer. Section 3. District Assessments This Agreement in no way alleviates or modifies Anna 455's obligation to pay to the Anna 455 Assessment Amount and as a condition precedent to the CDC's obligations under this Agreement, Anna 455 agrees to pay to the City the full amount of the Anna 455 Assessment Amount at the time that the City seeks collection of said amount. Anna 455 further makes the material representation that it shall pay to the City, in addition to the Anna 455 Assessment Amount, any additional amounts sought by the City, under the terms of the levy of assessments as set forth in City of Anna, Texas Ordinance No. 578-2012 in the event that actual costs of the Improvements exceed estimated costs. Section 4. CDC's Obligation to Pay Anna 455 Within 10 days after Anna 455 provides notice to the CDC that it has made payment in full to the City of the Anna 455 Assessment Amount, the CDC shall pay to Anna 455 $20,000; provided, however, that the CDC's obligation to pay Anna 455 under this section shall not arise unless and until: (1) all of the triggering events set forth in Section 2 of this Agreement have occurred; and (2) Anna 455 has provided written notice to the CDC that it has paid the Anna 455 Assessment Amount in full, along with documentary proof of said payment, such as a copy of a cancelled check or other reasonable evidence of payment. Section 5. Anna 455's Obligation to Reimburse CDC (a) After the CDC performs its obligation to pay Anna 455 under Section 4 of this Agreement, Anna 455 shall reimburse the CDC in the amount of $20,000, and said reimbursement shall be due and owing on or before the earlier of the following dates: (1) four years after the Effective Date of this Agreement; or (2) the date that Anna 455 or any owner of any part of the Property submits a proposed final plat to the City for purposes of subdividing and developing any part of the Property. (b) As used in this subsection (a), the term "final plat" does not include any plat that may be required for: (1) the sole purpose of conveying (and not developing) of any part of the Property into resulting tracts, with the determination of purpose being made exclusively by the Board; or (2) the sole purpose of constructing a roadway to be dedicated for public use. (c) Should the CDC have ceased to exist before the earlier of the two dates set forth in subsection (a) of this section, then Anna 455 shall make its reimbursement payment otherwise due to the CDC under this Agreement to the City. IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT PAGE 2 OF 4 Section 6. Term and Termination The term of this Agreement is from March 26, 2013 until all of the obligations of both Parties, if triggered, have been met in accordance with the provisions of this Agreement. Section 7. Amendment This Agreement may not be amended except pursuant to a written instrument signed by the Parties. Section 8. Notice To be effective, notice as required by this Agreement shall be in writing and delivered via U.S. certified mail, return receipt requested, at the addresses listed below: CDC CDC President CDC Chief Administrative Office Anna Community Development Corp. 111 N. Powell Parkway Anna, Texas 75409 ANNA 455 Anna 455 Commercial, LP Attn: Craig Curry 10950 Research Road Frisco, Texas 75033 Each party shall notify the other in writing within 10 days of any change in the mailing -address information listed in this section. Section 9. Undocumented Workers To the extent that the any funds paid by the CDC to Anna 455 under this Agreement qualify as public subsidies as set forth in Tex. Gov't Code, Chapter 2264, Subchapter B, Anna 455 is bound by the requirements and prohibitions of said subchapter with respect to undocumented workers, as defined in Texas Gov't Code § 2264.001. It is acknowledged, understood and agreed that in its application for any amounts qualifying as public subsidies that are the subject of this Agreement, Anna 455 certified to the CDC that it does not and will not knowingly employ an undocumented worker. Notwithstanding anything to the contrary in this Agreement, if Anna 455 is convicted of a violation under 8 U.S.C. §1324a(f), Anna 455 shall repay the amount of any funds that qualify as public subsidies under Texas Gov't Code § 2264.001 and that are received by Anna 455 from the CDC as of the date of such violation not later than 120 days after the date Anna 455 is notified by the CDC of the violation, plus interest from the date any such funds were paid to Anna 455, at the rate periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by COSADC) as its prime or base commercial lending rate. The payment of interest shall be as if it had been accruing from the date the funds were paid to Anna 455 until the date the funds are repaid to the CDC. Section 10. Entire Agreement This Agreement represents the entire and integrated Agreement between the Parties and supersedes all prior negotiations, representations and/or agreements, either written or oral. Section 11. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 12. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 13. Contract Interpretation This Agreement 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 not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 14. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. IN WITNESS WHEREOF, duly authorized agents of the CDC and Anna 455 have executed this Agreement on behalf of their respective principals as follows: CDC Anna Community Development Corporation By: its President Attest: CDC Secretary ANNA 455 Anna 455 Commercial, LP, a Texas limited partnership By: Anna 455 Commercial GP, LLC, its general partner (printed name) IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT PAGE 4 OF 4 CITY OF ANNA, TEXAS Council Meeting: March 26, 2013 Account Code #: Budgeted Amoul Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenlcs Exhibits: ❑x Yes ❑ No AGENDA SUBJECT: Presentation of the Anna Police Department 2012 Annual Report SUMMARY: Each year, the Police Department produces a report that reflects the previous year's service to the community. Attached to this staff report is the 2012 Annual Report for the Anna Police Department STAFF RECOMMENDATION: N/A Anna Police Department 2012 Annual Report 101 S Powell Parkway Anna, Texas 75409 972-924-2848 2012 Annual Report Anna Police Department This annual report reflects statistics beginning on January 1 and ending on December 31, 2012. These are the official numbers of documented service to the community by the employees of the Police Department. In 2012, the department was made up of a Chief, Sergeant, 10 sworn Police Officers and a civilian Records Manager; total of thirteen (13) full-time employees. The department's Patrol Officers worked 12-hour shifts, covering the city 24 hours per day, 7 days per week. At least two officers were regularly scheduled to be on duty 24 hours per day, but that is not always the case, as Holidays, Vacation, Training Days, and Sick Leave have to be factored in. The highlights of these numbers are as follows: ■ There were 9,959 calls for police service in 2012 compared to 9,594 calls in 2011. March was the busiest month with 967 calls requiring police response; August required the least with 696. ■ Burglar Alarm/Open Door calls totaled 351 or 3.5% of all calls for service. Of the 351 total, 1 was an actual burglary and 1 was set off by a store clerk to summon police to a shoplifting incident. ■ Greater than 6.5% of the total calls for police service required a written report by the responding officer (incident and traffic crash reports). Anna Police generated 621 incident reports with May being the busiest month for reports (72 new incidents reported); February experienced the fewest number (29 incident reports). The Anna PD clearance rate for 2012 offenses was 59.7%; 2011's was 51.6%. ■ Citizens reported an estimated $123,936 worth of property stolen in burglaries, larcenies, and auto thefts. The Department recovered $5,203. ■ There were 283 adult arrests made by Anna PD during the reporting period compared to 241 for last year. Just to name a few of the charges filed, Drunkemiess, Traffic Warrants, Drug Possession, Assault -Family Violence, Aggravated Assault, Theft and Burglary. ■ Anna Police Investigated 139 Traffic Crashes in 2012 compared to 129 in 2011. Increases in traffic volume and the Hwy 75 resurfacing project are the main contributing factors for the increase. ■ Anna Police wrote a total of 3,680 citations compared to 2,257 in 2011. 64% were written warnings. Verbal warnings are not counted. ■ 2012 started with seven (7) previously convicted sex -offenders required to be registered with (and monitored by) the Police Department. During the year, that number increased to eight (8). Two of the eight are currently incarcerated as a result of cases that were filed by Alma PD. 2 2012 Annual Report Anna Police Department ■ Officers of the Anna Police Department confiscated or seized the following dangerous drugs: Marihuana 5.5 lbs Methamphetamine 3.Olbs Cocaine 8.99 ounces Illegal Pills 73 + 569 g Prescription Meds 99 pills ■ As paying members of the Child Advocacy Center of Collin County, we receive expert investigative assistance in these cases that were referred from Anna and the immediate area, via Anna PD and the Child Protective Services hotline: • 32 Aggravated Sexual Assault of a /child • 71 Endangering a child • 2 Indecency w/child • 41 Injury to child • 13 Sexual assault of a Child • 1 Possession of Child Pornography • 9 Forensic Computer Examinations 3 2012 Annual Report Anna Police Department ���al„.}s: r��a r���r�, i Council Meeting: March 26, 2013 Account Code #:_ Budgeted Amount: Item No: 13 City Secretary Use Only City of Anna City Council Agenda Staff Report Staff Contact: Chief Gothard Exhibits: �t Yes ❑ No AGENDA SUBJECT: Presentation of the Anna Fire Department Annual Report. (Chief Gothard) SUMMARY: This is a report showing the activities of the Fire Department in 2012. This report not only will response numbers, but will also showcase other services provided and accomplished by Fire Department personnel. RECOMMENDATION: N/A Y{OUA} HOMETOWN Council Meeting: March 26, 2013 Account Code #: Budgeted Amount: Item No. 14 City Secretary Use Only City of Anna City Council Agenda Staff Report Staff Contact: Chief Gothard Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an appointment to the Anna Fire and Rescue Auxiliary Association. (Chief Gothard) SUMMARY: Of the five member board, directors 3 & 4 are appointed by the City Council to staggered three year terms. Due to a recent resignation of board director 4, a new appointment needs to be made. RECOMMENDATION: The staff would like to see Volunteer Lieutenant Cody Durrett appointed to the Anna Fire and Rescue Auxiliary Association, Inc. Board of Directors as Director 4. Lt. Durrett began his service here with Anna F.D. approximately 9 years ago beginning as a Fire Explorer. He is dedicated to the Department and the members; he would be an asset to the Board. Council Meeting: Match 26, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 3-21�13 Exhibits: ❑Yes ❑ No 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); discussion regarding legal aspects of a utility easement; discussion regarding legal aspects of a contract for park improvements. b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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. HOMETOWN Council Meeting: March 26, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 16 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 3-21-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for March 26, 2013 City of Anna Special Meeting or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: i Council Meeting:_March 26, 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 17 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 3-21-13 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.