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HomeMy WebLinkAbout2013-04-09 Workshop & Regular Meeting Packet�. CITY COUNCIL MEETING SIGN IN SHEET DATE: y �9 �/3 Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Spealcer Registration Foi�rn to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS �� YIOUR} HOMSTOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP Apri19, 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., April 9, 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 contract for park improvements. b. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Discussion regarding filling Public Works Director Position. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on posted agenda for April 9, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 5. Adjourn. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and 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. 04-09-13 CC Regular Meeting Agenda.doc 1 Posted 04-OS-13 This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., Apri15, 2013. Natha Wilkison, City Secretary 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 tinder the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 rivo working days prior to the meeting so that appropriate arrangements can be made. 04-09-13 CC Regular Meeting Agenda.doc 2 Posted 04-OS-13 y{pUA} HOMETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING Apri19, 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., April 9, 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 recor attendance. If you wish to speak on an open -session Opinion/Speaker Registration Form and turn it in to meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. agenda item please frll out the City Secretary before d of the the 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 specifrc factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public offrce or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session 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. 04-09-13 CC Regular Meeting Agenda.doc 3 Posted 04-OS-13 5. Consent Items. These items consist of non -controversial or "hozrsekeeping" items required by laN�. Items may be considered individually by any Cozmcil member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of March 26, 2013. b. Approve North Pointe Amenity Site and Landscape Plan. (Maurice Schwanke) c. Approve McDonalds Site and Landscape Plan. (Maurice Schwanke) d. Proclamation regarding Click It or Ticket. (Chief Jenks) 6. Consider/Discuss/Action regarding approval of Oalc Hollow Phases 6/7 Preliminary Plat. (Maurice Schwanke) 7. Consider/Discuss/Action approving a Resolution regarding the awarding of a contract for Phase 1 of the Surface Water Blending Project. (City Manager) 8. Consider/Discuss/Action approving a Resolution regarding Greater Texoma Utility Authority (GTUA) Indemnity Agreement. (City Manager) 9. Consider/Discuss/Action approving a Resolution authorizing purchase of park property on FM 455. (City Manager) 10. Consider/Discuss/Action adopting an Ordinance authorizing the City to place a lien against an owner's property for delinquent bills for municipal utility service to the property. (Clayton Fulton) 11. Consider/Discuss/Action regarding the resignation of City Council member, Place 6. (City Council) 12. Presentation to Council Member Glover for her years of service on Anna City Council. (City Council) 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. 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 contract for park improvements. 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. 04-09-13 CC Regular Meeting Agenda.doc 4 Posted 04-OS-13 b. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Discussion regarding filling Public Works Director Position. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on posted agenda for April 9, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Ha11 and on the City Hall bulletin board at or before 5:00 p.m. April 5, 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. 04-09-13 CC Regular Meeting Agenda.doc 5 Posted 04-OS-13 i YSOIIRf HOMETOWN Council Meeting: April 9, 2013 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 4-4-13 Exhibits: ❑Yes ❑ No Y(OIIR} HOMETOWN Council Meeting: April 9, 2013 Account Code #: Budgeted Amount: AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 4-4-13 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: Apri19, 2013 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 4-4-13 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Cozrncil is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: Council Meeting: Apri19, 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: 4-4-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. i Y(OIIR} HOMETOW N Council Meeting: Apri19, 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: 4-4-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by lativ. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of March 26, 2013. b. Approve North Pointe Amenity Site and Landscape Plan. (Maurice Schwanke) c. Approve McDonalds Site and Landscape Plan. (Maurice Schwanke) d. Proclamation regarding Clicic It or Ticket. (Chief Jenks) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF 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 met 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. 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 Lauren Lovato, John Hopewell, Natha Bryan and Becicy Glover were present. Council Members James T. Cook and John Geren were absent. Council Member Glover made the motion to enter closed session at 6:32 pm. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 3. CLOSED SESSION (EXCEPTIONS): Under• Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: 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. 03-26-13 CC Regular Meeting Minutes.doc 1 03-26-13 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Hopewell made the motion to return to open session at 7:29 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 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. Council Member Hopewell made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. Adjourn. Council Member Hopewell made the motion to adjourn at 7:30 pm. Mayor Crist seconded the motion. Motion passes. ._ /_ ► . 1 � C � 1 ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 03-26-13 CC Regular Meeting Minutes.doc 2 03-26-13 MINUTES OF 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 met 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 Cozzncil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you 1��ish to speak orr an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Milce Crist called the meeting to order at 7:32 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond fo or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specifrc factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Rents of contntrrnity interest include: expressions of thanks, congratrdations, or condolence; information regarding holiday schedules; art honorary or salutary recognition of a public official, public employee, or other citizen (but riot including a change in status of a person's public offce or public employment); a reminder reboot an erpcoming event organized or sponsored by the governing body; information regarding a social, cerentortial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Crist announced an Iris Festival at the Luscombe Farm April 8th — 27a, 03-26-13 CC Regular Meeting Minutes.doc 3 03-26-] 3 5. Consent Items. These items consist ofnon-controversial Or' "housekeeping" items regrrired by law. Items may be considered individually by any Council member making such request prior• to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of 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) Council Member Glover made the motion to approve the consent items. Council Member Hopewell seconded the motion. Motion passes. �� NAY 0 6. Presentation and approval of the Fiscal Year 2012 Audit Report. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and introduced Rod Abbott with LaFollett &Company PLLC (auditors). Mr. Abbott presented the audit to council and answered questions. Council Member Hopewell made the motion to approve the audit. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Briefing/Discussion regarding the FY 2014 Budget Calendar. (Clayton Fulton) Clayton Fulton, Finance Director presented the item to council. 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) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:48 pm. Eddy Collins representing Skorburg Co. introduced himself. Mayor Crist closed the public hearing at 7:49 pm. (b) Consider/Discuss/Action regarding an ordinance amending Anna's Master Thoroughfare Plan/Comprehensive Pian along areas commonly known as "Anna Town Center". (Maurice Schwanke) 03-26-13 CC Regular Meeting Minutes.doc 4 03-26-13 Council Members discussed the item and asked questions of staff. Mayor Crist made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 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 Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 8:06 pm. There was no public comment. Mayor Crist closed the public hearing at 8:06 pm. (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) Council Member Hopewell made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 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) Jessica Perkins, Assistant to the City Manager presented the item to council and answered question. Mayor Crist read the resolution caption. 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) 03-26-13 CC Regular Meeting Minutes.doc 5 03-26-13 Council Member Hopewell made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Presentation of the Anna Police Department 2012 Annual Report. (Chief Jenks) Chief Jenks presented the Anna Police Department 2012 Annual Report and answered questions from council. 13. Presentation of the Anna Fire Department 2012 Annual Report. (Chief Gothard) Chief Gothard presented the Anna Fire Department 2012 Annual Report and answered questions from council. 14. Consider/Discuss/Action regarding an appointment to the Board of Directors of the Anna Fire and Rescue Auxiliary Association. (Chief Gothard) Chief Gothard presented the item to council and answered questions. Council Member Glover nominated Cody Durrett. Council Member Bryan seconded the nomination. Council Member Glover made the motion to appoint Cody Durrett to the Anna Fire and Rescue Association, Inc. Board of Directors as Director 4. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 Council did not enter closed session at this time. ABSTAIN 0 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 03-26-13 CC Regular Meeting Minutes.doc 6 03-26-13 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. Council Hopewell made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 17. Adjourn. Council Member Lovato made the motion to adjourn at 8:51 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 03-26-13 CC Regular Meeting Minutes.doc 7 03-26-13 Council Meeting: April 9, 2013 Account Code #: N/A Item No. 5 (bl City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 04/04/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve NorthPointe Crossing Amenity Site and Landscape Plan. SUMMARY: A site plan for the construction of an amenity center for NorthPointe Crossing subdivision has been submitted for review and approval. The amenity center will be built in two phases. Phase I will contain most of the improvements. Phase II will include a playground and access to a future planned street. The existing parking for the amenity center was constructed at the time of the original street construction. The staff has reviewed the site plan and the appropriate changes have been reflected in the attached document. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the site and landscape plan unanimously at their meeting April 1, 2013. RECOMMENDED ACTION: The Staff is recommending approval of the site and landscape plans. r (J Ij —. _.,, s Z � � Ey O �' a t w=Zw �i � � � z � � o SY�� 116� i -. �� g U O p w �� <k �� Gz�� �� Nc Q� �No � °� n'lw--rimy C� �� �m Fc, �o �� .M.�z �� _ �� w H w n � �� �� ozro�¢ a�� o(��¢ ri NOD � z �k+��d�x�" m a � ems+ w G � N 6 S C � �� a� �.c'.�Ja�V �e��� kn G`i�a a�u ..... :.,: .. F a .J Q o� i j:;, ... 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S o � � i na ss:\ noz/cVa =\•a \ou :4•wra .y wnou nd n:t noz/cVz >wt «os uo.wwy xe w•os ewsr-eioma\aaNe:aaw�\•w+to��s Lwow � t r'jl j� - �- __ � � _ ( j _ _ 133?J1S SdII��Hd l - 3 Qr z i — J _ 3f1N3n�M31n I�I'� �-- �� �� z .. � -- W ]F iLJ i �j �� -- V1`. p, .. 1 � J -. . ,i � � B ` 3nRi0 M31nH�N'd21 �� t , _ E F..l . f _ ai-.. - � �-� - �� � ' � /l_ . f� ` , �/ f�,, � HOMETOWN Council Meeting: April 9, 2013 Item No. 5 c City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 04/04/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve McDonalds Site and Landscape Plan SUMMARY: The McDonald's site plan and landscape plans have been reviewed by the City Staff and consulting engineer. The requested changes have been incorporated into the drawings. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the site and landscape plan unanimously at their meeting April 1, 2013. RECOMMENDED ACTION: The Staff is recommending approval of the site and landscape plans. ���� KOT�.44�tl00MV YYN.4,N rca.<u3ncvmoa usciaz<�o aa+a "CY U3�ndiN3l�$Olt J � 2 N p�`� V o R O x kx ti�)uwar+osn�v3a alrvsssuw s t:i - s 6 _ .. R F 0 cg � � �� — K 5� e � Y 80 � -Oz �� 3 � e N �0 �� ,� � i � z � s � s �g � � � o � � � o � � � � 8; � � � � � 8 g � � � �r � s "s v�, W a $ � g � �g ff � � d % 8 Es° F S �a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :°� � 3 At6Stt�q -�----�--a -.._. --- .__ --_ I I ----�-�--_-___�_._ '..����r--- � i t i i -� I I �, I I i C � i' z i w � 'O � LL. � !/1 o�rn U � ...i M Oi m E". ..ilti.^.a^.�.a �. '1 /� / I hg �'�° . a�--------�- 6 I i _____J � I zz $ I ��n 3r S f j 'ice I ��� 8^ `z � r � k'-'_ v —�"� I ; � I .: 1 I I `. 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'1S 3a9Wd01.S _ CITY OF ANNA, TEXAS Council Meeting: April 9, 2013 Account Code #: Budgeted Amount: Item No. ,S�d� City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenks Exhibits: x❑ Yes ❑ No AGENDA SUBJECT: Proclamation announcing the Click it Or Ticket mobilization in Anna is May 20 thru June 2, 2013 urging all Anna citizens to always wear seat belts when driving or riding on the roadways. SUMMARY: Each year the Police Department participates in TxDOT's annual Click it or Ticket program to encourage the public to wear seatbelts while driving or riding in a car. Last year, the Department was awarded a $3,000 grant from TxDOT simply for participating. There is an opportunity for a grant again this year. STAFF RECOMMENDATION: Participate in the program again in 2013. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, �� li 1 � .1 1 By tl�e Mayor of Anna, Teras the safety and security of the citizens of Anna and surrounding areas are vitally important; and a large percentage of our citizens regularly drive or ride in motor vehicles on our roadways; and the use of seat belts in passenger vehicles saved an estimated 11,949 lives in 201 I ;and regular seat belt use is the single most effective way to reduce fatalities in motor vehicle crashes; the use of seat belts is supported by the laws of Tesas and City of Anna; May 20 through June 2, 2013, has been selected as the national Click It or Ticket mobilization enforcement period; WHEREAS, across the country law enforcement officers will actively be participating in the mobilization to ensure all motor vehicle occupants are buckled up day and night to reduce the risk of injury and death caused in traffic crashes; AND WHEREAS, increased enforcement of seat belt laws coupled with publicity has proven to be an effective method to increase seat belt use rates and decrease fatal crashes; NOW, THEREFORE, I, Mike Crist, Mayor of the City of Anna, do Hereby proclaim and announce May 20 to June 2, 2013, as the Click !t or Ticket Mobilization in Anna and urge all citizens to always wear seat belts when driving or riding on our roadways. IN WITNESS WHEREOF, I have hereunto set my hand on behalf of City of Anna. c�Tr caF rN►w�. r�xAs Mike Crist, Mayor City of Anna [Date] _� Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: April 9, 2013 Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 04/04/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approval of Oak Hollow Phases 6/7 Preliminary Plat. (Maurice Schwanke) SUMMARY: A previous preliminary plat for this property was submitted in 2004 for both phase 5 and 6. Phase 5 was built but no activity has occurred for phase 6 until now. The developer is requesting changes to the plat and is shifting a significant number of lots. Additionally, a major north/south sewer line easement was obtained and a line built on the western edge of this development which impacted the lotting pattern. As such a new preliminary plat was required to be submitted for review. Additionally, the original phase 6 is anticipated to be broken into phase 6 and 7. The City Staff has reviewed the submitted preliminary plat and several recommendations were made that addressed our concerns. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the preliminary plat at their meeting April 1, 2013 with the following conditions be corrected. The vote was unanimous. RECOMMENDED ACTION: The Staff would recommend approval of this plat subject to the above comments and engineering findings. / (� � > , «)\� 2 § §G& < �,»; = 2 \ /rlGe�r § \�!«, ~§\ @o!=wg,: _ 2� \um�9_� � !-°G a ® �� � y§�d�/ d�� !� G�\ @� a ®§ E/§&§!; ,o ` � �^ \ ?`\!¥ E2`+&�`E � :tea ;®! \{j�/����)°/���® �\( a e®!(§&e \ / ))/2 &, , � � �� \ \\ � ; � , q; Y{OUR} $OMETOWN Council Meeting: April 9, 2013 Account Code # Amount: $130,000 Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Ci . Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution regarding the awarding of a contract for the South Well Surface Water Supply Line project. SUMMARY: With the growth that is now occurring in the city, we believe that it will be necessary to begin gradually blending surface water with our existing ground water this summer. The first phase of the project will involve blending surface water and ground water in the ground storage tanks located at the NE corner of Sherley Avenue and Fifth Street. For this project, the City received a Base and an Alternate Bid. The Base Bid included the supply pipe line and a control valve and vault configured for along -term, but temporary installation. The Collin Grayson Municipal Alliance (CGMA) owns the water line and will allow a temporary installation only if the City agrees to take on responsibility and liability for any water supply system failures that occur as a result of the control valve installation. The Alternate Bid included the supply pipe line plus a control valve and vault configured for a permanent installation and if full compliance with the CGMA technical requirements (see attached Bid Award Recommendation). Blending surface water with ground water will require us to change the way we treat our water, and will change the way our water tastes. The difference in taste will probably be more noticeable in the areas closest to the Sherley/Fifth Street ground storage tank. When all the other ground storage tanks have been adapted to blend the surface and ground water, the taste of the water should be relatively uniform throughout the City and will only change as the percentage of surface water in the blend increases or decreases. Some customers may also notice intermittent changes to water clarity which can happen when water with a different chemical composition is introduced and interacts with the water main lines of an older distribution system. Changes to water clarity will probably be more noticeable in the older areas of Anna where the distribution system is older. Regardless of issues with clarity, the water will remain safe to drink. We expect that any water clarity issues will be temporary and diminish over time. RECOMMENDATION: Staff recommends approval of a contract that includes the low Alternate Bid. The low Alternate Bid was submitted by A&M Construction &Utilities, Inc. of Rowlett, Texas in the amount of $130,000. A&M Construction &Utilities is in the finishing stages of the City's Ground Storage Tank No. 2 Rehabilitation project. They have completed the work in accordance with the contract requirements and in a timely manner. CITY OF ANNA, TEXAS T�3�I_Ri�C�7��C�a A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH A&M CONSTRUCTION &UTILITIES, INC. FOR THE SOUTH WELL SURFACE WATER SUPPLY LINE PROJECT. WHEREAS, the City of Anna, Texas (the City) has solicited bids in accordance with State law for the South Well Surface Water Supply Line project (the "Project"), and; WHEREAS, for this Project, the City received a Base Bid (temporary installation) and an Alternate Bid (permanent Installation), and; WHEREAS, the Collin Grayson Municipal Alliance (CGMA) will allow a temporary installation only if the City agrees to take on responsibility and liability for any water supply system failures that occur as a result of the control valve installation, and; WHEREAS, the City Council of the City of Anna, Texas finds that construction of the permanent installation prescribed in the Alternate Bid is in the best interests of the City, and; WHEREAS, the low Alternate Bid was submitted by A&M Construction &Utilities, Inc. of Rowlett, Texas in the amount of $130,000, and; WHEREAS, the City Council desires to award the Project bid to and execute a contract with A&M Construction &Utilities, Inc. for construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Contract. The City Council hereby approves the Contract attached hereto as Exhibit 1 for the South Well Surface Water Supply Line project; and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Contract. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of April, 2013. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 BIRKHOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSK[, III, P.E. DEREK B. CHANEY, P.E. Mr. Philip Sanders City Manager City of Anna, Texas 111 North Powell Parkway Anna, Texas 75094 Re: South Well Surface Water Supply Line Bid Award Recommendation Dear Mr. Sanders: Fax (2I4) 461-8390 Apri14, 2013 Phone (214) 361-7900 We have checked the bids received at 10:00 a.m., Thursday, April 4, 2013 for the City of Anna South Well Surface Water Supply Line project. We are enclosing six (6) copies each of the Tabulation of Bids and the Bid Summary. For this project, the City received a Base and an Alternate Bid. The Base Bid included the supply pipe line and a control valve and vault configured for along -term, but temporary installation. We understand the Collin Grayson Municipal Alliance (CGMA) will allow this temporary installation, but intends to shift responsibility for any CGMA water supply system failures to the City of Anna should they occur as a result of this control valve installation. The Alternate Bid included the supply pipe line plus a control valve and vault configured for a permanent installation and in full accordance with the requirements of the Collin Grayson Municipal Alliance technical requirements. The low Base Bid was submitted by Moss Brothers of Allen, Texas in the amount of $110,495. Moss Brothers has a satisfactory record of completing projects similar to this throughout the North Texas and Metroplex area. The low Alternate Bid was submitted by A & M Construction &Utilities, Inc. of Rowlett, Texas in the amount of $130,000. A & M Construction &Utilities is in the finishing stages of the City's Ground Storage Reservoir No. 2 Rehabilitation project. They have completed the work in accordance with the contract requirements and in a timely manner. Accordingly, we recommend the City award a construction contract for the base bid contract to Moss Brothers in the amount of $110,495.00; or award a construction contract for the alternate bid to the A & M Construction. & Utilities, Inc. in the amount of $130.000.00, We are available to discuss our recommendation and this project further at your convenience. Sincerely, Enclosures ce: Mr. James Parkman Ms. Natha Wilkison Texas American Pr�blic Works Association 2010 Alvardee Environmental Project of the Year $10 - $100 Million j:\clericaBanna\2012-145 surrace water implementation�south well wlUettersU:\bid recommendation.docx Texas Firm F526 W H H 1�1 U � O O O � � O Pa � v� �O O O � M M � w � � a ,� `� E� � � � o 0 0 E'' � o � o O �t c� 1�1 Cf3 69 69 O O O O O O � O O O p O O O O � �n � ,—i M �O � �n ct �n � � � � � � o 0 0 � � � � N � o°o � � � � '+"' O N l� � � � r��i H Sf3 6f3 bF3 O O � � V Q � � ~ � M '� O O p '-"" '+-� U � O �-+ O � Q � � � � � �� N Q v, �; � >C U �� � � p }, � y, � �+ „� H O 'rC N � � p � �r � � o ,x o .� o � � � � o U �� d d�� Q� U � N M �, 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 c o 0 0 0 0 0 0 �ri o 0 0 0 0 0 0 o vi o 0 ci O n b O O O (`I rl t` O M O O O O O v� N O O � � 'y 7 N l� O �n O� D\ M O O Vl M �n Vl V1 N h M M �y O C Oi M N �O BOO VJ (`1 t� Q� a C O �n M �D �O � U _N n ,wv, Y ~ W wl .. 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SUMMARY: In connection with the construction of the South Well Water Supply Line project, the City and the Greater Texoma Utility Authority will need to approve the attached Indemnity Agreement regarding the use of the City's existing prescriptive easement. RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INDEMNITY AND HOLD HARMLESS AGREEMENT WITH THE GREATER TEXOMA UTILITY AUTHORITY WHEREAS, in connection with the South Well Surface Water Supply Line Project, the Greater Texoma Utility Authority has asked the City of Anna, Texas (the City) to approve an Indemnity and Hold Harmless Agreement (the Agreement), and; WHEREAS, the City Council of the City of Anna, Texas finds that approval of the Agreement is in the best interests of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Agreement. The City Council of the City of Anna, Texas hereby approves the Indemnity and Hold Harmless Agreement Between Greater Texoma Utility Authority and City Of Anna, Texas, attached hereto as Exhibit 1; and authorizes, ratifies and approves the City Manager's execution of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of April, 2013. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 l � l � � • � �� i � � i This Indemnity and Hold Harmless Agreement (the "Agreement") is made and entered into this day of April, 2013, by and between the CITY OF ANNA, TEXAS ("Anna") and GREATER TEXOMA UTILITY AUTHORITY ("GTUA"). RECITALS WHEREAS, GTUA acquired easements and rights of way for a treated waterline, commonly known as the Collin -Grayson Municipal Alliance ("CGMA") Waterline Project. This waterline was completed and has provided reliable surface water to the cities of Melissa, Anna, Van Alstyne and Howe, Texas. WHEREAS, ANNA desires to construct a waterline to run perpendicular from the existing CGMA waterline that is currently located in the bar ditch adjacent to the west side of Sherley Avenue, to a meter location east of Sherley Avenue ("Proposed Waterline"), as depicted in the drawing prepared by Birkhoff, Hendricks &Carter, Professional Engineers. WHEREAS, a portion of the proposed waterline may be located within the right of way of the Dallas Area Rapid Transit System ("DART"). WHEREAS, GTUA is willing to assist ANNA with its efforts to install the proposed waterline. NOW, THEREFORE, in consideration of the agreements and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy therefore being hereby acknowledged, GTUA and ANNA agree as follows: AGREEMENT 1. Indemnity and Hold Harmless. Anna agrees to indemnify, hold harmless and defend GTUA, its agents, servants, employees, officers, directors and attorneys from any damages to GTUA, or from any and all claims arising by, through, or under this agreement, to include claims or causes of action for damages asserted or arising out of any act, omission, activity, or occurrence resulting from the location of the placement and installation of the Proposed Waterline, specifically including any claims asserted by DART or any third party for damages or injuries associated with the location of said placement and installation by GTUA, its contractors, employees, agents, subcontractors or other persons acting under GTUA's direction or supervision on the Proposed Waterline; said indemnification to include all attorneys fees, costs, and expenses associated with any claims made, or actions brought against GTUA. 2. Whole Agreement. Indemnity and Hold Harmless Agreement between GTUA and City of Anna ................................................... Page 1 This Agreement constitutes the whole of the understanding, discussions, and agreements by and between GTUA and ANNA concerning the specific subject matter of this Agreement. The terms and provisions of this Agreement are contractual and not mere recitals. GTUA and ANNA acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. 3. Changes. This Agreement shall not be changed, amended or altered in any way except in writing and executed by both GTUA and ANNA. 4. Execution. This Agreement may be executed in one or more counterpat•ts, each of which shall be deemed to be an original. 5. Recitals. The Recitals contained in this Agreement are incorporated herein by reference and made a part hereof. 6. Governing Law and Jurisdiction. This Agreement shall be governed by and controlled by the laws of the State of Texas and the parties to this Agreement, in the event of any dispute involving this Agreement, agree that they will submit to the exclusive jurisdiction of the district courts of Grayson County, Texas. 7. Effective Date. This Agreement is effective as of the date first written above. 8. Successors and Assigns. This Agreement shall be binding upon the parties and their respective successors and assigns. 9. Invalidity, Illegality or Unenforceability. In the event that one or more provisions of this Agreement shall be declared to be invalid, illegal or unenforceable in any respect, unless such invalidity, illegality or unenforceability shall be tantamount to a failure of consideration, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby. 9. Construction of Agreement. It is understood and agreed by GTUA and ANNA that this Agreement shall be construed without regard to any presumption or other rule requiring construction against the patty causing this Agreement to be drafted. Indemnity and Hold Harmless Agreement between GTUA and City of Anna ................................................... Page 2 9. Confidentiality Agreement. It is understood and agreed by GTUA and ANNA that this Agreement and all of its terms shall be held in confidence by the parties hereto and not disclosed to any third parties, except as may become necessary to comply with the Texas Public Information Act, Attorney General decisions, an enforceable court order or subpoena, or any applicable law requiring disclosure of same. The parties agree to notify one another in the event that either of them intends to disclose this Agreement or any of its contents in advance of such disclosure. This provision does not prevent the parties from making any disclosures that are necessary to allow the parties' respective professional consultants to render services and advice in the due course of business. Otherwise, the parties shall take all reasonable steps to resist and prevent the disclosure of this Agreement and its contents. IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated above, and each of the undersigned personally represent and warrant that they have the full right, power and authority to execute this Agreement on behalf of the respective parties. GREATER TEXOMA UTILITY AUTHORITY By:_ Title: CITY OF ANNA TEXAS By: Title: Indemnity and Hold Harmless Agreement between GTUA and City of Anna ................................................... Page 3 Y{OUR} HOMSTOWN Council Meeting: Apri19, 2013 Account Code # Park Trust Fund Amount: $268,103 Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution authorizing purchase of park property on FM 455. SUMMARY: City Staff has negotiated an agreement for the purchase of a 1.119 acre tract of land located adjacent to Natural Springs Park on FM 455. This additional land will allow the City access to the median opening located opposite Buffalo Bill Drive when FM 455 is reconstructed. This will allow the City to construct a future entrance into the park which will enable west bound traffic on FM 455 to access Natural Springs Park. The land purchase also provides the city exclusive control over the drain ditch and pond located on the property. RECOMMENDATION: Staff recommends approval of the attached Resolution authorizing the land purchase. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A PURCHASE AND SALE AGREEMENT WITH JAMES ALLEN MANN, JR. AND MARJORIE DIANNE MANN, INC. FOR THE PURCHASE OF LAND OF FM 455. WHEREAS, the City of Anna, Texas (the City) has negotiated an agreement for the purchase of a 1.119 acre tract of land located adjacent to Natural Springs Park on FM 455 (the Property), and; WHEREAS, the City Council of the City of Anna, Texas finds that the purchase of the Property will benefit the City and is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Land Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement attached hereto as Exhibit 1; and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of April, 2013. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this "Agreement") is entered into as of the date set forth below between James Allen Mann, Jr. and Marjorie Dianne Mann (collectively referenced herein as "Seller"), and the City of Anna, Texas (referenced herein as "Purchaser"). In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: Section 1. Sale and Purchase. On and subject to the terms and conditions set forth in this Agreement, Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase and accept from Seller, for the Purchase Price (defined below) that certain tract of land described in the attached Exhibit A, said conveyance to vest in Purchaser good, marketable, and indefeasible title in fee simple to said tract of land described in Exhibit A, together with all rights, title and appurtenances. Said tract of land described in Exhibit A, together with all rights and appurtenances, is referred to as the "Property." Section 2. Purchase Price and Donation. The purchase price ("Purchase Price") to be paid by Purchaser to Seller for the Property will be in the amount of $268,103. The Purchase Price will be payable at the Closing (defined below) as follows: $268,103 will be paid at Closing in cash or by check as specified in Section 5(b)(2). Section 3. Title and Survey. (a) Within 20 days after the Effective Date (defined below), Seller, at a reasonable and customary cost to be divided equally between Seller and Purchaser, will deliver or cause to be delivered to Purchaser the following: (1) Commitment for title insurance ("Title Commitment") from Red River Title Company, 805 W. White Street, Suite 300, Anna, Texas 75069, telephone number (972) 924-8777 ("Title Company"), setting forth the status of the title of the Property and showing all liens, claims, encumbrances, reservations, restrictions, outstanding mineral interests, UCC filings, and other matters, if any, relating to the Property; and (2) A true, complete, and legible copy of all documents referred to in the Title Commitment, including without limitation UCC filings, plats, deeds, zoning ordinances,. restrictions, and easements. (b) Purchaser has obtained a survey of the Property, attached as Exhibit B ("Survey"). Within 10 days after the Effective Date, Purchaser shall deliver the Survey to the Title Company. Purchaser has inspected the Survey and believes that the Survey: PURCHASE AND SALE AGREEMENT -Page 1 of 11 (1) reflects the actual dimensions of the Property, the net area of the Property (to the nearest square foot), the location of any easements, rights -of -way, setback lines, encroachments, or overlaps and the outside boundary lines of any improvements; (2) includes the surveyor's registered number and seal, the date of the Survey, and a certificate satisfactory to Purchaser; (3) reflects that the Property has access to and from a publicly dedicated street, road, or highway; (4) is, based on a representation by the Title Company, sufficient to cause the Title Company to delete, except for "shortages in area," the printed exception for "discrepancies, conflicts or shortages in area or boundary lines, or encroachments, or any overlapping of improvements" in the Owner's Title Policy to be delivered to Purchaser pursuant to Section 5(b)(1)(ii); (5) reflects any area within the Property that has been designated by the Federal Insurance Administration, the Army Corps of Engineers or any other governmental agency or body as being subject to special or increased flooding hazards; and (6) complies with the applicable requirements of the Texas Society of Professional Surveyors as to the 2005 Minimum Standard Detail Requirements for ALTA/AGSM Land Title Surveys as adopted by American Land Title Association and National Society of Professional Surveyors, as amended. For purposes of the Property description to be included in the general warranty deed to be delivered pursuant to Section 5(b)(i), the field notes prepared by the surveyor will control any conflicts or inconsistencies with Exhibit A and such field notes will be incorporated in this Agreement by this reference on their completion. (c) Purchaser will have 10 days from the receipt of all of the information referred to in Sections 3(a) and (b) in which to examine and notify Seller of those items, which Purchaser will accept title to the Property to (the "Permitted Encumbrances") and those matters which Purchaser finds objectionable (the "Encumbrances"); if such notice is not given it will be deemed that all matters reflected by the Title Commitment and Survey are "Permitted Encumbrances." Provided Seller is not obligated to incur any expense, Seller will use reasonable efforts to cure or remove all encumbrances within 10 days after Seller receives notice of the encumbrances from Purchaser. Any liens affecting the Property will be considered "Encumbrances," and Seller will cause the same to be fully released of record at or prior to the Closing. (d) If Seller fails to timely cause all of the Encumbrances to be removed or cured, and timely written notice to be given to Purchaser, Purchaser will have the following rights: PURCHASE AND SALE AGREEMENT -Page 2 of 11 (1) Purchaser may unilaterally extend the date for Closing a reasonable time to afford Seller additional time within which to cure such Encumbrances without prejudice to Purchaser's rights under Sections 3(d)(2) or (3); (2) Purchaser may terminate this Agreement by giving Seller written notice, in which event the Earnest Money (defined below) will be returned to Purchaser, and neither party will have any further rights, duties, or obligations under this Agreement; or (3) Purchaser may elect to purchase the Property subject to the Encumbrances not so removed or cured. (e) Seller agrees not to enter into any agreement or instrument or take any action after the Effective Date without the prior consent of Purchaser which would constitute or create an Encumbrance or which would bind Purchaser or the Property after the Closing. Section 4. Earnest Money. Concurrently with the execution of this Agreement, Purchaser has delivered to Title Company a check payable to the order of Title Company in the amount of $1,000. As used in this Agreement, the term "Earnest Money" will mean the amount so deposited. All Earnest Money will be held in escrow and delivered by Title Company in accordance with the provisions of this Agreement. Section 5. Closing. (a) The closing ("Closing") of the sale of the Property by Seller to Purchaser will occur on or before April 18, 2013 in the offices of Title Company. (b) At the Closing, the events set forth in this Section 5(b) will occur, it being understood that the performance or tender of performance of all matters set forth in this Section 5(b) are mutually concurrent conditions: (1) Seller, at Seller's expense, provided such expense is reasonable and customary, will deliver or cause to be delivered to Purchaser: i) General Warranty Deed in form and substance reasonably satisfactory to Purchaser and Seller, fully executed and acknowledged by Seller, conveying to Purchaser the Property; ii) Texas Form Owner Policy of Title Insurance ("Title Policy") issued by Title Company in the amount of the Purchase Price, naming Purchaser as the insured, subject only to those matters to which the General Warranty Deed will be subject, and the standard printed exceptions contained in the Title Policy; provided, however, that the standard exception pertaining to discrepancies, conflicts, or shortages in area will be deleted, at Purchaser's expense, except for "shortages in area," such policy will have "None of Record" endorsed regarding restrictions (except for restrictions PURCHASE AND SALE AGREEMENT -Page 3 of 11 that are Permitted Encumbrances), there will be no exception for rights of parties in possession and the standard exception for taxes will be limited to the year in which the Closing occurs and subsequent assessments for prior years due to changes in land usage or ownership; iii) Certificate executed by Seller confirming that all warranties and representations set forth in Section 11 of this Agreement are true and correct as of the date of Closing; iv) Certificate that (A) confirms the Seller's United States taxpayer number and (B) states that Seller is not a "foreign person" within the meaning of 26 U.S.C. § 1445 of the Internal Revenue Code of the United States of America of 1954, as amended (the "Code"), and otherwise in complies with the regulations promulgated under that Code section; and v) Physical possession of the Property free and clear of all tenancies of every kind and parties in possession with all parts of the Property in substantially the same condition as on the Effective Date. (2) Purchaser, at its sole cost and expense, will deliver or cause to be delivered to Seller a cashier's or certified check, or a check of the Title Company, payable to the order of Seller in the amount equal to the Purchase Price, adjusted as provided in this Agreement, due credit being given for the Earnest Money. (3) Ad valorem and similar taxes and assessments relating to the Property will be the responsibility of Seller through the end of year 2012 and the responsibility of Buyer on and after January 1, 2013. Seller will be responsible for and will indemnify Purchaser against any and all costs and expenses (including, without limitation, attorney fees) incurred by Purchaser as a result of taxes assessed against the Property for periods of time before January 1, 2013. The provisions of this Section 5(b)(3) will survive the Closing. (4) Purchaser and Seller will, if requested, furnish satisfactory evidence of their authority to execute the Closing documents and consummate the sale and purchase contemplated in this Agreement, and will execute such other documents and take such other action as may be reasonably necessary or appropriate to effect such consummation. Section 6. Remedies. (a) If Purchaser refuses to consummate the purchase of the Property pursuant to this Agreement for any reason other than termination pursuant to a right granted Purchaser to do so, then Seller, at its sole and exclusive remedy, may terminate this Agreement by notifying Purchaser thereof, in which event neither party will have any further rights, duties, or obligations under this Agreement, and Title Company will deliver to Seller, as liquidated damages, the Earnest Money. PURCHASE AND SALE AGREEMENT -Page 4 of 11 (b) If Purchaser terminates this Agreement pursuant to a right granted Purchaser under this Agreement, then neither party will have any further rights, duties, or obligations hereunder, and Title Company will return the Earnest Money to Purchaser. (c) If Seller fails to perform any of its agreements or obligations under this Agreement, or should any of Seller's representations and warranties made be not true and accurate, Purchaser may: (1) terminate this Agreement by notifying Seller; (2) enforce specific performance of the obligations of Seller; and/or (3) seek any other rights, recourses, or remedies available to Purchaser, all remedies being cumulative. Section 7. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested or by facsimile. Notice given in accordance with this section will be effective on receipt at the address of the addressee. For purposes of notice, the addresses of the parties will be as follows: If to Seller, to: James Allen Mann, Jr. 830 Anderson County Rd 4034 Palestine, Texas 75803 903-729-4440 With a copy to: Tohnie Hynds Hynds &Gordon, P. C. 500 N. Sam Rayburn Fwy, Ste 200 Sherman, Texas 75090 903-893-2015 (facsimile) If to Purchaser, to: City Manager, City of Anna 111 N. Powell Parkway Anna, Texas 75409 Collin County, Texas 972-924-2620 Facsimile With a copy to: Clark McCoy Wolfe, Tidwell &McCoy, LLP 2591 Dallas Parkway, Suite 205 Frisco, Texas 75034 Collin County, Texas 972-712-3540 Facsimile PURCHASE AND SALE AGREEMENT -Page 5 of 11 Section 8. No Commissions. Neither Seller nor Purchaser have engaged the services of a real estate broker or other person that has or would have the right to any commission in any amount as relates to the consummation of this Agreement, as relates to the Closing, or as relates to the Property. Seller agrees to defend, indemnify, and hold harmless Purchaser, and Purchaser agrees to defend, indemnify, and hold harmless Seller, from and against any claim by third parties for brokerage, commission, finder's, or other fees relative to this Agreement or the sale of the Property, and any court costs, attorney fees, or other costs or expenses arising from such claim, and alleged to be due by authorization of the indemnifying party. Section 9. Condition to Purchaser's Obligations. Purchaser will have a period of 20 days from the Effective Date in which to go on the Property and make inspections, environmental studies, surveys, test borings, and soil analysis, and in which to conduct a feasibility study of the drainage, utilities availability, environmental conditions and other matters to determine if the Property is suitable for Purchaser's proposed use or development. If within such 20-day time period Purchaser does not notify Seller in writing if Purchaser has found the Property unsuitable for Purchaser's use or development, then Purchaser will be deemed to have waived the provisions of this Section 9 and Purchaser may not thereafter terminate this Agreement for that reason. At any time prior to the end of such 20 day time period, however, Purchaser may notify Seller that Purchaser, in its sole discretion, has determined that the Property is not suitable for its proposed development, in which event this Agreement will terminate as provided for in Section 6(b). Purchaser's inspection of the Property will not, in any event, extinguish, reduce, or otherwise affect the warranties and representations made by Seller. Section 10. Condemnation. If prior to the Closing all or any part of the Property should be taken by eminent domain or condemnation or should any notice be given that any entity with the power of eminent domain desires to take all or any portion of the Property, Seller will immediately notify Purchaser in writing. Purchaser will have five days from receipt of such notice in which to elect to either terminate this Agreement or proceed to Closing. If within such five-day time period Purchaser elects to terminate this Agreement, then the same will be terminated as provided for in Section 6(b). If Purchaser does not notify Seller that it wishes to terminate this Agreement within such time period, then Closing will occur as otherwise provided, but Seller will assign to Purchaser at Closing all of Seller's rights to any condemnation awards or other proceeds payable in respect of the taking in question. Section 11. Seller's Representations and Warranties. Seller warrants and represents to Purchaser that: PURCHASE AND SALE AGREEMENT -Page 6 of 11 (a) Seller now has and will have at Closing good, marketable, and indefeasible title, in fee simple, to the Property, and no party, except as set forth in this Agreement, has any rights in, or rights to acquire the Property; (b) There are no (and on the date of Closing, there will not be any) actions, suits, or proceedings pending, or, to the knowledge of Seller, threatened against Seller or the Property which could materially adversely affect the Property; (c) Seller has full right, power, and authority to execute, deliver, and perform this Agreement without the necessity of obtaining any consents or approvals of, or the taking of any other action with regard to any third parties (or if any such consents, approvals, or other action are required, the same will be accomplished at or prior to the Closing), and this Agreement, when executed and delivered by Seller and Purchaser, will constitute the valid and binding agreement of Seller, enforceable against Seller in accordance with its terms; and (d) Seller has no actual knowledge of any law, regulation, fact, or condition relative to the Property which would materially adversely affect Purchaser's proposed use for development for public park purposes. Section 12. Survival. All warranties, representations, and covenants made by Seller in this Agreement and in any document, instrument, or certificate executed and delivered pursuant to this Agreement will survive, and not be merged or extinguished by, the Closing or any investigation made by or on behalf of either party. Section 13. Foreign Person. In the event that: (a) Seller is a "foreign person" (as defined in 26 U.S.C. § 1445(f)(3) of the Code and its regulations); (b) Seller fails or refuses to deliver the non -foreign certificate required in Section 5b 1 iv;or (c) Purchaser receives notice from any Seller -transferee's agent or Purchaser -transferee's agent (each as defined in 26 U.S.C. § 1445(d) of the Code and its regulations) that, or Purchaser has actual knowledge that, such certificate is false, and the transaction is not otherwise exempted from the withholding requirements of Section 1445 of the Code and its regulations, then Purchaser will be entitled to deduct and withhold from the Purchase Price a tax equal to the highest amount required or permitted by Section 1445 of the Code. In the event of any such withholding, Seller's obligations under this Agreement will not be excused or otherwise affected, Purchaser will remit such amount to and file the required form with the Internal Revenue Service, and Seller in the PURCHASE AND SALE AGREEMENT -Page 7 of 11 event of any claimed over -withholding will be limited solely to an action against the Internal Revenue Service for refund under the Code, and waives any right of action against Purchaser on account of such withholding. Section 14. Assigns. This Agreement will inure to the benefit of and be binding on the parties and their respective successors and assigns. Seller agrees that if Purchaser assigns its rights under this Agreement to a party who fully assumes Purchaser's obligations and liabilities, Purchaser will be fully released from all of its obligations and liabilities under this Agreement. Section 15. Purchaser's Costs as Liens. All sums paid by Purchaser on account of this Agreement, and the reasonable expenses of the examination of the title to the Property and to the survey made in connection with it are made liens on the Property. However, such liens will not continue after a default by Purchaser under this Agreement. If Seller fails to convey title in accordance with the terms of this Agreement, the sole liability of Seller will be to refund to Purchaser the amount paid on account of the Purchase Price, including the Earnest Money, and to pay the net cost of examining the title, which cost will not to exceed the charges fixed by the Title Company, and the net cost of any survey made in connection with examining title incurred by Purchaser. On the making of such refund and payment, this Agreement will be considered cancelled, and all the respective rights and obligations under it will cease and become null and void. Section 16. Exhibits. All exhibits are fully incorporated in this Agreement by this reference for all purposes. Section 17. Entire Agreement. This Agreement sets forth all agreements between Seller and Purchaser relative to the Property, and all prior negotiations or agreements are merged in this Agreement. No modification of this Agreement or subsequent agreement relative to the subject matter of this Agreement will be binding unless reduced to a writing signed by the party to be bound. Section 18. Applicable Law. This Agreement will in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. Section 19. Headings. PURCHASE AND SALE AGREEMENT -Page 8 of 11 The section and subsection headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or subsection. Section 20. Amendment and Waiver. This Agreement may be amended or changed only by written document duly executed by Seller and Purchaser, and any alleged amendment or change, which is not so documented will not be effective as to either party. Provisions of this Agreement may be waived by the party, which is entitled to the benefit by evidencing such waiver in writing, executed by such party. Section 21. Expiration of Offer; Effective Date. The offer represented by this Agreement will expire if not accepted by Seller, as hereafter provided, on or before 5:00 p.m. on April 15, 2013. Seller will accept this Agreement by executing a counterpart and delivering the same to Purchaser prior to the date and time stated in this section. For all purposes, the "Effective Date" of this Agreement will be the date upon which this Agreement has been executed by Seller, as indicated below, and delivered to the Purchaser. Section 22. Special Provisions: At closing Purchaser and Seller shall execute a Cross Access Easement agreement under which Purchaser shall agree to permit Seller and Seller's heirs, assigns and invitees ("Seller") access for automobiles and other motor vehicles over and across any paved surface within the area labeled "Proposed Cross Access Easement" as shown in the attached Exhibit C that may be constructed by the City or constructed with the City's approval. The Cross Access Easement shall be for the benefit of Seller's remainder tract (the "remainder tract") which adjoins the Property. Seller shall have the right to extend water and sewer main lines across the Property as may be necessary for Seller to service its remainder tract; provided, however, that any such extension shall be in accordance with applicable City ordinances and regulations governing the extension and construction of water and sewer main lines. To the extent not already constructed at the time that Seller desires such extensions, Seller will be responsible for the cost of laying and extending water and sewer main lines across the Property to connect to the remainder tract. [Remainder of page left blank intentionally.] PURCHASE AND SALE AGREEMENT -Page 9 of 11 SIGNATURES: SELLER (James Allen Mann, Jr. and Marjorie Dianne Mann) Date executed by Seller: James Allen Mann, Jr. State of Texas ) County of Collin ) Before me, on this day personally appeared James Allen Mann, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of Notary —State of Texas Date executed by Seller: Marjorie Dianne Mann State of Texas ) County of Collin ) 2013. Before me, on this day personally appeared James Allen Mann, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of Notary —State of Texas [Remainder of page left blank intentionally.] PURCHASE AND SALE AGREEMENT -Page 10 of 11 2013. PURCHASER (City of Anna, Texas) Date executed by Purchaser: By: Philip Sanders, City Manager State of Texas ) County of Collin ) Before me, on this day personally appeared Philip Sanders, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 2013. Notary —State of Texas PURCHASE AND SALE AGREEMENT -Page 11 of 11 . EXH■B|T C � �w F M NO. 4aa�#HI £ aIR££I` m©�� a) �.. § .... � ,.. v.... . . � # . �. §= i � q -2 § � � � ;� � — � . � w�� � � — — — — �E� i �_ YiOUR; HOMRTOWN Council Meeting: April 9, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 4/4/13 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action adopting an Ordinance authorizing the City to place a lien against an owner's property for delinquent bills for municipal utility service to the property. SUMMARY: The City currently works with Perdue, Brandon, Fielder, Collins &Mott LLP (Perdue Brandon) for collecting delinquent utility accounts. The City has not yet pursued the option of placing a lien on the customer's property to recover delinquent accounts. Perdue Brandon has been looking into the issue of filing water liens against the owner's property and has found under §552 of the Texas Local Government Code the City may place a lien on the property for unpaid utility service. However, the City must pass an ordinance authorizing it to place such a lien on the property. The statute allows for the City to file liens against the owners of property for delinquent utility bills provided that (1) the property is not homesteaded, and (2) that the delinquent utility bill is in the name of the homeowner and not a tenant. Once the lien is attached to property, the home cannot be sold or refinanced without the lien being paid in full or otherwise settled. If the person vacates or abandons the home, then the homestead provision no longer applies. Perdue Brandon has stated that the City can file the lien immediately after the property no longer conforms to homestead use. The City would also need to work with the Appraisal District regarding the status of any homestead exemption claimed by the property owner. The ordinance before the Council includes an additional $50.00 fee to account for the City's expense in filing the lien etc. Additionally, the lien includes a 1 % per month compounding interest rate. Both the rate and the fee are standard for municipal utility service liens. RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. ORDINANCE PROVIDING FOR THE IMPOSITION OF A LIEN AGAINST AN OWNER'S PROPERTY FOR DELINQUENT BILLS FOR MUNICIPAL UTILITY SERVICE TO THE PROPERTY PURSUANT TO ARTICLE 552.0025(d) OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, Article 552.0025(d) of the Texas Local Government Code authorizes the City of Anna to impose a lien against an owner's property for delinquent municipal utility bills provided that the property is not a homestead property as protected by the Texas Constitution, and that the proposed liens are not imposed on rental property where the tenant has incurred the delinquency and the owner has provided notice to the City of Anna that the property is a rental property; and WHEREAS, the City of Anna as determined that it is in the public interest to ensure the payment of delinquent utility bills; and WHEREAS, the City of Anna, pursuant to Article 552.0025(d), Texas Local Government Code, from the date of this passage of this ordinance forward, may impose a lien on the real property of delinquent municipal utility service account holders thus ensuring payment; and WHEREAS, the City of Anna deems it in the public interest to pass this ordinance authorizing the imposition of liens against an owner's property for delinquent municipal utility service bills subject to the restrictions found in Texas Local Government Code Sections 552.0025(e) and 552.0025(f); NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ANNA, TEXAS THAT: SECTION 1. FINDINGS. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City of Anna and made a part of this ordinance for all purposes and findings of fact. SECTION 2. PENALTIES, INTEREST AND COLLECTION COSTS. In accordance with Article 552.0025(g) of the Local Government Code, upon perfection of the lien by filing in the real property records of the county where the property is located, the delinquent bills subject to said property liens shall include penalties imposed by the City of Anna, interest at a rate of one percent (1%) per month from the effective date of the filing of the lien, and a collection cost of $50.00. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective from and after its date of passage. Ord. -2013 Utility Lien 1 04-09-13 SECTION 4. LIEN PRIORITY. In accordance with article 552.0025(h) the liens that are the subject of this ordinance shall be inferior to a bona fide mortgage lien that is recorded before the recording of the City's lien in the real property records of the county where the property is located. The municipality's liens are superior to all other liens, including previously recorded judgment liens and any liens recorded after the municipality's lien. SECTION 5. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 6. OPEN MEETINGS. It is hereby found and determined that the meetings at which this ordinance is considered are open to the public and that notice of the time, place and purpose thereof was given in accordance with the provisions of the Texas Government Code —Chapter 551, as amended, and that a quorum of the City Council was present. PASSED AND APPROVED on the 9th day of April, 2013. APPROVED: Mayor, Mike Crist ATTEST: Natha Willcison, City Secretary Ord. -2013 Utility Lien 2 04-09-13 State of Texas { County of Collin { Notice of Lien For Delinquent Bills for Municipal Utility Service Section §552.0025, Texas Local Government Code City of Anna Ordinance No. xx-xxxx Pursuant to §552.0025, Texas Local Government Code, and City of Anna Ordinance No. xx-xxxx, enacted on the 9th, day of April, 2013, notice is hereby given that the City of Anna, a municipal corporation situated in the County of Collin, State of Texas, acting by its duly authorized representatives and under the authority contained in said statute and ordinance, has heretofore furnished municipal utility service to the hereinafter described properties, and that the bills for such municipal utility service are delinquent; and the City of Anna hereby imposes a lien against said property, unless it is a homestead as protected by the Texas Constitution, for delinquent bills for Municipal utility service to the property to -wit: Legal Description Owner According To Tax Roll Account Number Balance Due The City of Anna's lien shall include penalties; once percent (1%) interest per month on the unpaid balance; and a collection cost of $50.00 for each account. The sum of money shown as to each tract or tracts of land, as tabulated above, is due and owing to the City of Anna has become vested with, and by this instrument does hereby perfect, a privileged lien against the property hereinabove described, to secure the payment of the said sum stated above, plus interest thereon a the rate of one percent (1%) per month from and after the effective date thereof, and a collection cost of $50.00. The City of Anna's lien shall be inferior to a bona fide mortgage lien that is recorded before the recording of the City of Anna's lien in the Real Property Records of Collin County, Texas. The City of Anna's lien is superior to all other liens, including previously recorded judgment liens and any liens recorded after the City of Anna's lien. DONE AND SIGNED BY ME, {Title of signor}, in its name this the ,day of 2013, by authority contained in the statute and ordinance above -mentioned. City of Anna By: Phillip Sanders, City Manager ATTEST: Natha Wilkison, City Secretary State of Texas { { County of Collin { This instrument was acknowledged before me on the day of 2013, by {title of signor}, of the City of Anna, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas After Recording, Return To: City of Ann City Secretary 111 N. Powell Parkway Anna, TX 75409 YOUR} 3i011iRTOWN Council Meeting: Apri19, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 4-4-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding the resignation of City Council member, Place 6. (City Council) SUMMARY: Council Member, Becky Glover is resigning from Anna City Council at the end of this evenings meeting to pursue a job opportunity in Vancouver, Washington. RECOMMENDATION: To accept Council Member Glover's resignation. �� HOMETOWN Council Meeting: April 9, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Council Date Prepared: 4-4-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Presentation to Council Member Glover for her years of service on Anna City Council. (City Council) SUMMARY: RECOMMENDATION: •� ,/'��' � �,� � � � � � O O � H^ � ni �`� Q � � ,� � � � o� '� o • '-'+ � U U �, � � � 4� � �� � � � � � o 00 � � �o � � � cy M '� � p ,�-� � � o , •ti o � � � � � � w �. � '� ..--a • ry �--� ra c� � � � � � � � .� � � Q H �� � � .� '� � ,� � � � o � � � U � � .� a4 � � �.� •�, � a � � � � � � � o � � � � � � �' � � 1 � o o, ��� Council Meeting: April 9, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 41 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 contract for park improvements. b. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Discussion regarding filling Public Works Director Position. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Meeting: April 9 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 4-4.13� Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for April 9, 2013 City of Anna Special Meeting or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting _April 9 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT SUMMARY: Adjourn. Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 4-4.13® Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.