HomeMy WebLinkAbout2013-05-14 Workshop & Regular Meeting PacketCITY COUNCIL MEETING
SIGN IN SHEET
DATE: S1/L1113
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requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
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Y{OUii} iiOMETOWN
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
May 14, 2013 6930 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., May
14, 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. Briefing/Discussion regarding Just Serve website. (Council Members Cook and
Hopewell)
4. Briefing/Discussion regarding sewer line and restroom in Slayter Creek Park.
(City Manager)
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 thea viney 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.
6. Consider/Discuss/Action on any items listed on posted agenda for May 14,
2013 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
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 legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-14-13 CC Regular Meeting Agenda.doc I Posted 05-09-13
7. Adjourn.
8. Reception for retiring and newly elected City Council Members.
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., May 9, 2013.
� 2U�tz
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 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.
O5-14-13 CC Regular Meeting Agenda.doc 2 Posted 05-09-13
Y{OUR} HOMETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
May 14, 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., May 14,
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,
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.
] .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.
O5-14-13 CC Regular Meeting Agenda.doc 3 Posted 05-09-13
5. Administer the Statement of Elected Officer and the Oath of Office and
present Certificate of Election to newly elected officials. (City Secretary)
6. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in
the City Charter. (City Council)
7. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as
directed in the City Charter. (City Council)
8. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Regular Minutes of Apri123, 2013.
b. Review Park Board Minutes of February 25, 2013.
c. Review Park Board Minutes of March 18, 2013.
d. Review P & Z Minutes of December 10, 2012.
e. Review P & Z Minutes of January 21, 2013.
f. Review P & Z Minutes of March 4, 2013.
g. Approve "Addington Development Plat". (Maurice Schwanke)
h. Approve "Rattan Addition" final plat. (Maurice Schwanke)
i. Approve site plan for the "Anna Medical Center". (Maurice
Schwanke)
j. Proclamation regarding EMS recognition Week. (Chief Gothard)
k. Proclamation regarding National Police Week. (Chief Jenks)
9. (a) Public Hearing: For City Council to hear public comment regarding and
Ordinance approving and adopting rate schedule "RRM —Rate Review
Mechanism" for ATMOS Energy Corporation Mid -Tex Division to be in
force in the City for a period of time as specified in the rate schedule.
(b) Consider/Discuss/Action adopting an Ordinance approving and adopting
rate schedule "RRM —Rate Review Mechanism" for ATMOS Energy
Corporation, Mid -Tex Division to be in force in the City for a period of time
as specified in the rate schedule. (City Managed)
10. (a) Public Hearing: For City Council to hear public comment regarding an
Ordinance governing pro-rata charges and other regulations related to
extension of utility service lines.
(b) Consider/Discuss/Action regarding an Ordinance governing pro- rata
charges and other regulations related to extension of utility service lines. (City
Manager)
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.
O5-14-13 CC Regular Meeting Agenda.doc 4 Posted 05-09-13
11. Consider/Discuss/Action regarding a Resolution approving Change Order No.
4 to the contract with Parkscape Construction for the Slayter Creels Park Phase
II Project. (Maurice Schwanke)
12. Consider/Discuss/Action regarding a Resolution approving Change Order No.
1 to the contract with Musco Sports Lighting, LLC for the Slayter Creek Park
Phase II Project. (Maurice Schwanke)
13. Briefing/Discussion on the purchase of a replacement police vehicle. (Chief
Jenks)
14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act,
15. Consider/Discuss/Action on any items listed on posted agenda for May 14,
2013 City of Anna Workshop Session or any closed session occurring during
this Regular Meeting, as necessary.
16. Adjourn.
This is to certify that I, Natha 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. May 9, 2013.
Natha Yv son, 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 wider the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-14-13 CC Regular Meeting Agenda.doc 5 Posted 05-09-13
HOMETOWN
Council Meeting: May 14I 2013
Account Code #: N/A
Budgeted Amount:.
AGENDA SUBJECT
Item No. 3 WS
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
Briefing/Discussion regarding Just Serve website. (Council
Members Coolc and Hopewell)
SUMMARY:
RECOMMENDATION:
IIOMGTOWN
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount:,
I:1
Item No. 4 W S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Briefing/Discussion regarding sewer line and restroom in
Slayter Creek Park. (City Manager)
RECOMMENDATION:
■w
Council Meeting: May 14I 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Call to order.
Item No. 4 WS
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
Invocation and Pledge of Allegiance.
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount:
I_1
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens aJe allo�t�ed 3 minutes to
speak. The Council is unable to respond to or discuss any issues that are brought up
during this section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing policy in
response to the inquiry.
SUMMARY:
RECOMMENDATION:
■
Council Meeting: May 14, 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: 5-8-13
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 statars of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount:
Item No.S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Natha Willcison
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Administer the Statement of Elected Officer and the Oath
of Office and present Certificate of Election to newly elected officials. (City Secretary)
SUMMARY: According to the City Charter each newly -elected person to the City
Council is entitled to be inducted into office at the fast regular City Council meeting
following the election that the newly -elected member attends. Also according to the City
Charter all elected and appointed officers of the City must take and sign an oath of office
based on those prescribed for state elective and appointed offices, respectively, in the
Constitution of the State of Texas.
The Statement of Elected Officer and the Oath of Office will be given to the newly
elected officials.
i
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount:,
N/A
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Mayor Pro
Fern as directed in the City Charter. (City Council)
SUMMARY: According to the City Charter the Mayor Pro-Tem is a Council Member
elected by the City Council at the first regular meeting after each election of Council
Members and/or Mayor. The Mayor Pro-Tem must act as Mayor during the disability or
absence of the Mayor, and in this capacity has the rights conferred upon the Mayor.
RECOMMENDATION: Staff recommends electing the Mayor Pro-Tem.
F�ons��rowN
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-1
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Deputy
Mayor Pro Tem as directed in the City Charter. (City Council)
SUMMARY: According to the City Charter the Deputy Mayor Pro-Tem is a Council
Member elected by the City Council at the first regular meeting after each election of
Council Members and/or Mayor. The Deputy Mayor Pro-Tem must act as Mayor during
the disability or absence of the Mayor and Mayor Pro Tern, and in this capacity has the
rights conferred upon the Mayor.
RECOMMENDATION: Staff recommends electing the Deputy Mayor Pro-Tem.
i
Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 8 (a - k)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
"housekeeping" items required by la}v. Items may be considered individually by any Council
rnernber making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Regular Minutes of April 23, 2013.
b. Review Park Board Minutes of February 25, 2011
c. Review Park Board Minutes of March 18, 2013.
d. Review P & Z Minutes of December 10, 2012.
e. Review P & Z Minutes of January 21, 2013.
f. Review P & Z Minutes of March 4, 2013.
g. Approve "Addington Development Plat". (Maurice Schwanke)
h. Approve "Rattan Addition" final plat. (Maurice Schwanke)
i. Approve site plan for the "Anna Medical Center". (Maurice
Schwanke)
j. Proclamation regarding EMS recognition Week. (Chief Gothard)
lc. Proclamation regarding National Police Week. (Chief Jenks)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
April 239 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., April 231
2013, at the Anna City Hall Administration Building, located at III North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members James T. Cook, John Hopewell, John
Geren, and Nathan Bryan were present. Council Member Lauren Lovato arrived
6:34 pm.
Council Member Geren made the motion to enter closed session at 6:32 pm.
Council Member Bryan 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).
b. discuss or deliberate personnel matters (Tex. Gov't Code 8551.0741;
discussion regarding City Attorney Annual Review.
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
6:59 pm. Council Member Cook seconded the motion. Motion passes.
NAY 0
ABSTAIN 0
04-23-13 CC Regular Meeting Mimrtes.doc 1 04-23-13
4. Consider/Discuss/Action on any items listed on posted agenda for April
23, 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 6 NAY 0 ABSTAIN 0
5. Adjourn.
Council Member Coolc made the motion to adjourn at 7:00 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
04-23-13 CC Regular Meeting Minutes.doc 2 04-23-13
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
April 23, 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., April 235
2013, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the Cily Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:35 pm.
2. Invocation and Pledge of Allegiance.
Mayor Crist gave the invocation.
3. Citizen comments. Citizens are allowed 3 minartes to speak. The Council is
unable to respond to or discuss any issues that are brought lip during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
None
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: eapressiorts 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.
Mayor Crist mentioned Cinco de Mayo coming in May 5, 2013.
04-23-13 CC Regular Meeting Minutes.doc 3 04-23-13
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve City Council Regular Minutes of April 9, 2013.
b. Proclamation declaring May 2013 Motorcycle Safety and
Awareness Month,
Mayor Crist asked to remove item 5 (b). Council Member Geren made the
motion to approve item 5 (a). Council Member Hopewell seconded the
motion. Motion passes.
AYE 6
NAY 0
Mayor Crist read the proclamation and presented the proclamation to Jeffery
Henzler. Mr. Henzler said a few words regarding motorcycle safety.
6. Consider/Discuss/Action adopting an Ordinance ordering a June 15, 2013
Special Election to Fill a Vacancy, Place 6. (City Council)
Council Member Hopewell made the motion to approve. Council Member
Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Consider/Discuss/Action approving a Resolution awarding and
authorizing execution of a new Primary Bank Depository Service
Contract. (Clayton Fulton)
Clayton Fulton, Director Pro presented the item to council and
answered questions. Council Member Hopewell made the motion to approve.
Council Member Geren seconded the motion. Motion passes.
AYE 6
NAY 0
8. Consider/Discuss/Action regarding an Ordinance amending the Anna
City Code of Ordinances by amending Part II, Article 49, Section 2.06;
Rereading Meters. (Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and
answered questions. Council Member Bryan made the motion to approve.
Mayor Crist seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
04-23-13 CC Regular Meeting Minutes.doc 4 04-23-13
9. Consider/Discuss/Action regarding a Resolution approving Change
Order No. 1 and Change Order No. 2 to the contract with Quality
Excavation for the FM 455 Utility Relocation Project. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Hopewell made the motion to approve. Mayor
Crist seconded the motion. Motion passes.
AYE 6
NAY 0
10. Briefing/Discussion regarding financial credit ratings. (Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and
answered questions.
11. Briefing/Discussion regarding needs for City facilities and office space.
(City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Members were in agreement to address the immediate
needs of the City Facilities,
12. Briefing/Discussion regarding construction status of Slayter Creek Park,
Phase II. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions.
Council Members did not enter closed session at this time.
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:
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).
a. Discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); discussion regarding City Attorney Annual Review.
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.
04-23-13 CC Regular Meeting Minutes.doc 5 04-23-13
14. Consider/Discuss/Action on any items listed on posted agenda for April
23, 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 Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
15. Adjourn.
Council Member Cook made the motion to adjourn at 8:23 pm. Council
Member Bryan seconded the motion. Motion passes.
NAY 0
ATTEST:
Natha Wilkison, City Secretary
AB STA1N
APPROVED:
1'
Mike Crist, Mayor
04-23-13 CC Regular Meeting Mimrtes.doc 6 04-23-13
MINUTES
The Park Board of the City of Anna held a regular meeting on, Monday February 25, 2013 at
7#00 p.m. in the Community Room of the Anna City Hall Administration Building, located at 111
North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order at 7:05 p.m. and establishment of quorum. Park Board members present were
Scott Stroud, Erin Coger, Jon Hendricks and Rachel Lyon. Also present was Maurice
Schwanke,
2. Cultural Resource Signs — As part of the Texas Parks and Wildlife Grant for Slayter Creek
Park Phase II Cultural Resource Signage was used to obtain points as part of the State
Wide competition. Five signs are needed to identify historical sites or events. The board
agreed to include signs to highlight the Christian Church, the Interurban, the first resident,
the first school and historical cemeteries. Rachel made a motion to submit the signs to the
Anna's Historical Society for fact checking. Erin seconded the motion. The motion carried.
3. Park Activity Update —The parking lot north of the pavilion is 42 ft. wide and will be paved
with concrete. The ground is currently being prepared. All lights and standards are up for
ball fields and tennis courts. The backstop and dugouts are going up. There will be the
ability to water island end caps in the parking lot sections where plants will be. It is
anticipated that there will also be cameras on top of some of the light poles for security
purposes. There will be multiple tee boxes for the disk golf course.
Splash Pad — A contract has been approved by the City Council for the Splash Pad and the
company will have 80 days to complete. There will be a shade structure at each corner. It
will be 6500 sq. ft. and include 40 features
Slayter Creek Trail Grant —This is funding trail construction along Slayter Creek. There was
also a bridge installed.
4. Minutes of October 15 and November 26, 2013 —Scott made a motion to approve the
Minutes. Erin seconded the motion. The motion carried.
5. Adjourn —Erin made a motion to adjourn. Rachel seconded. Motion carried. Meeting
adjourned at 8:31 pm.
Maurice Schwanke
Director of Planning & Development
ATTEST:
MINUTES
ANNA PARK BOARD
REGULAR MEETING
March 18, 2013
The Park Board of the City of Anna will hold a regular meeting on Monday, March 18, 2013, at
79.00 p.m. at the Community Room of Anna City Hall Administration Building, located at 111
North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:29 p.m. Members present were Jon Hendricks, Kelly
Hoggatt and Scott Stroud. Staff present was Maurice Schwanke and Eric Alverez. Rachel
Lyon and Erin Cogar were absent from meeting.
2. Discussion/Action: Spring Softball
A. Schedule
B. Rules
C. Review of Fee Schedule
A discussion was conducted and members agreed to keep everything the same. A motion
was made by Mr. Stroud, seconded by Ms. Hoggatt. Motion carried.
3. Park Board Minutes
• February 25, 2013
A motion was made by Mr. Stroud, seconded by Ms. Hoggatt to approve the Minutes of
the February 25, 2013 as submitted. Motion carried.
4. Adjourn
There being no further business, a motion was made by Ms. Hoggatt, seconded by Mr.
Stroud to adjourn meeting. Motion carried. The meeting adjourned at 8:11 p.m.
141aufice Schwanke
Director of Planning and Development
ATTEST:
Park Board Minutes 03.18-13 doc Page 1 of 1 3-18-13
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
December 10, 2012
The Planning and Zoning Commission of the City of Anna held its regular meeting on December
10, 2012, at 7*15 p.m., at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:25 p.m. Members present were Justin Burr, Sandy
Setliff, Brandi Pitcox, Rick Skotzke, Darrin Colombo and Lee Miller. Jennifer Strange
had an excused absent. Staff present was Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. (a) To consider public comment on a request by A. B. Roper and Pat Roper, owners
of property, requesting a zoning change from Single Family Residential (SFR) to
Restricted Commercial (Cl) zoning to allow the operation of offices/retail on the
tract. The property is located at 413 W. White Street.
The Public Hearing was opened at 7:26 p.m. Mr. Schwanke noted that an application for
Restricted Commercial (C-1) zoning has been submitted by A.B. and Pat Roper to
change the zoning on a parcel of land they own along West White Street. A part of their
property has been purchased by TXDOT and a subsequent utility easement has been
secured between the right -of --way and an existing structure on the property. The structure
has been recently remodeled to accommodate a new uses. He also noted that this request
for "Restricted Commercial" zoning is in conformance with the "Comprehensive Land
Use Plan" for the City and as such, the Staff is in support of this zoning request. Mr. and
Mrs. Roper were present for meeting, but did not give a presentation. The Public Hearing
closed at 7:29 p.m.
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending the
City's comprehensive plan, zoning map and zoning ordinance and changing the
zoning of certain property. The owner(s) is requesting a zoning change from Single
Family Residential (SIR) to Restricted Commercial (Cl) zoning to allow the
operation of offices/retail on the tract. The property is located at 413 W. White
Street.
A motion was made by Mr. Colombo and seconded by Mr. Skotzke to approve the
zoning request. The vote was unanimous.
4. Consider/Discuss Act on recommendation regarding "Roper Addition" final plat.
PZC Minutes 12-10-12.doc Page 1 of 2 Posted 12-10-12
Mr. Schwanke gave a presentation regarding final plat. The property contained on this
final plat is being proposed for rezoning to "C-1" restricted commercial. An access
easement is proposed along the east side of the property. A joint driveway has been
approved between the subject property and the property to the west where a house has
recently been demolished by TXDOT. Additionally, an east -west access easement is
proposed parallel to West White Street to provide for cross -access to the adjacent tracts.
No public improvements are proposed for this plat by the applicant. Mr. Schwanke noted
that Staff is in support of this plat.
S. ConsiderlDiscuss/Act on recommendation regarding site plan for the "Roper
Addition'.
Mr. Schwanke gave a presentation concerning the site plan. He noted the property
contained on the site plan is being proposed for rezoning to "C-1" restricted commercial
and the site plan is subject to the proposed rezoning of the property. The proposed use on
this tract is for offices; however, due to the size of the existing structure, traffic to the site
will be minimal. He also noted that several large trees exist on the property with some
large Crepe Myrtle trees along the front. Future utility work in the existing 15 foot utility
easement along West White Street will significantly impact the landscaping. As such no
additional vegetation other than grasses is anticipated. The Staff is in support of this
application
A motion was made by Mr. Skotzke and seconded by Ms. Setliff to approve the site plan.
The vote was unanimous.
6. Discussion: Flag &Logo poles locations and height
There was a brief discussion regarding this agenda item. No action was taken.
7. Consider action to approve Minutes of the November S, 2012 meeting.
A motion was made by Ms. Setliff and seconded by Ms. Pitcox to approve the Minutes of
the November 5, 2012 meeting. The vote was unanimous.
8. Adjourn
A motion was made by
The vote was unanimous.
ATTEST:
Mr. Skotzke and seconded by Ms. Pitcox to adjourn meeting.
The meeting adjourned at 7:57 p.m.
Director of Planning and Development
PZC Minutes 12-10-12.doc Page 2 of 2 Posted 12-10-12
MINUTES
PLANNING AND ZONING COMMISSION
SPECIAL MEETING
January 21, 2013
The Planning and Zoning Commission of the Cityof Anna held a special meeting on January 21,
2013, at 6:00 p.m., at the Community Room of the Anna City Hall Administration Building
located at I I I North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 6:01 p.m. Members present were Justin Burr, Brandi
Pitcox, Rick Skotzke, Darrin Colombo and Lee Miller. Staff present was Maurice
Schwanke,
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding West Crossing PH 2" final
plat.
Mr. Schwanke gave a presentation regarding the "West Crossing PH 2" final plat.
Mr. Schwanke noted that the Engineering plans for West Crossing Phase 2 have been
reviewed. The Phase 2 improvements will be south of Hackberry Street and west of
Slayter Creek. Rough grading has already occurred. The developer has been finalizing
their plans and would Iike to start the infrastructure installation. He also noted that this
special meeting allows them to start a month earlier than would be possible if the meeting
was held up until the next regularly scheduled Planning and Zoning Meeting. The staff is
recommending approval of this plat.
A motion was made by Ms. Pitcox and second by Mr. Skotzke to approve the "West
Crossingfinal plat. The vote was unanimous.
4. Adjourn
A motion was made by Ms. Pitcox second by Mr. Skotzke to adjourn meeting. Motion
pass. The meeting adjourned at 6:05 p.m. /J �
Maurice Schwanke �,
Director of Planning and Development
ATTEST:
PZC Special Agenda 01-21-13.doc Page 1 of 1 Posted 01-21-13
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
March 4, 2013
The Planning and Zoning Commission of the City of Anna held its regular meeting on Monday,
March 4, 2013, at 7:00 p.m. At the Community Room of the Anna City Hall Administration
Building located at 1 I 1 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:03 p.m. Members present were Justin Burr, Sandy
Setliff, Brandt Pitcox, Jennifer Strange, Rick Skotzke and Darrin Colombo. Lee Miller
was absent. Staff present was Maurice Schwanke.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. (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".
The Public Hearing was opened at 7:04 p.m. Mr. Schwanke gave a power point
presentation and answers questions from the Commission regarding Anna's Master
Thoroughfare Plan/Comprehensive Plan. Eddie Collins and Art Anderson,
representatives from Skorburg Company were present for the meeting but did not give a
presentation. The Public Hearing closed at 7:28 p.m.
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending
Anna's Master Thoroughfare Plan/Comprehensive Plan along areas commonly
known as "Anna Town Center".
A motion was made by Mr. Colombo and seconded by Ms. Setliff to approve the Anna's
Master Thoroughfare Plan/Comprehensive Plan. The vote was unanimous.
To consider public comment on a request by Bobby L. Samuel III,
representative for the "Anna Town Center No. S/HSLT, LTD" requesting an
amendment to Zoning Ordinance No. 1494004, changing the zoning from SF42
(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.
The Public Hearing opened at 7:29 p.m. Mr. Schwanke gave a presentation regarding the
PZC Minutes 034WI3.doc Page 1 of 2 Posted 034W13
zoning request. The proposed change in Zoning is in keeping with the existing
Comprehensive Plan and with the proposed amendment to the "Plan" as identified in 3
above. As such the Staff is in support of this zoning change.
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending
Zoning Ordinance No. 149-2004, changing the zoning from SF42 (Single Family
Residential) to C4 (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 motion was made by Mr. Skotzke and seconded by Mr. Colombo to approve the
zoning request. The vote was unanimous.,
S. Consider action to approve Minutes of the following Meetings.
December 10, 2012
® January 21, 2013 (Special)
�1 motion was made by Mr. Skotzke and seconded by Mr. Burr to approve the above
Minutes. The vote was unanimous.
G. Adjourn
A motion was made by Mr. Skotzke and seconded by Ms. Setliff to adjourn meeting.
The meeting adjourned at 7:33 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZC Minutes 03-04-13.doc Page 2 of 2 Posted 03-04-13
Council Meeting: May 14I 2013
Account Code #: N/.
Item No. 8 tgj
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/08/13
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: "Addington Development Plat".
SUMMARY: This development plat is located within the extraterritorial jurisdiction
of the City. The tract is located in the Robert Whitaker Survey, Abstract No. 1011.
generally known as 2278 Grasshopper. The proposed improvement will be to place a
mobile home on the tract. As an informational comment the City has no land use
control outside of the City Limits. The plat meets the City of Anna development plat
requirements.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the development plat unanimously at their meeting May 6,
2013.
RECOMMENDED ACTION:.Approval of development plat
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Account Code #: N/A
Budgeted Amount:.
N/A
Item No. 8(g)
City Secretary's use only
City of Anna
City Council Agenda
AGENDA SUBJECT: "Rattan Addition" final plat.
all Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/08/13
Exhibits: ■Yes ❑ No
SUMMARY: The "Rattan Addition" final plat is for 2 lots located on North Powell
Parkway. An existing vacant house is on the southern lot. Lot 1 is currently zoned as
"C-1" while Lot 2 is currently zoned as "SF -I". This plat is being submitted for the
complete renovation of the existing house into a medical facility with new parking lot. A
site plan has also been submitted and called "Anna Medical Center". Normally, the
landscape setback is 20' from the property line, however, with the existing building being
where it is at and a cross access in front the landscape easement has been reduced to 10'.
In the Landscape regulations Section 7(c) a landscape buffer may be reduced if granted
through the site plan process meeting certain criteria. Additionally, a fire hydrant and
associated main is planned for construction bringing water from behind the property
to a point along north Powell parkway.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the final plat unanimously at their meeting May 6, 2013.
RECOMMENDED ACTION:.Approval of final plat
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Council Meeting: May 14, 2013
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT:
Item No. 8 i
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/08/13_
Exhibits: ■Yes ❑ No
Site Plan for the "Anna Medical Center".
SUMMARY: This property is located at 614 North Powell Parkway and is currently
zoned as restricted Commercial ("G1"). A site plan has also been submitted and called
"Anna Medical Center" and consists of the complete renovation of an existing house into
a medical facility with new parking lot. The front landscape setback is normally 20'
from the property line, however, with the existing building being where it is at and a
cross access in front the landscape easement has been reduced to 10'. In the Landscape
regulations Section 7(c) a landscape buffer may be reduced if granted through the site
pIan process by City Council meeting certain criteria. The criteria are as outlined below:
(1) Unique circumstances exist on the property that make application of
these requirements unduly burdensome on the applicant;
(2) The variance will have no adverse impact on current or future
development;
(3) The variance is in keeping with the spirit of the zoning regulations,
and will have a minimal impact, if any on the surrounding land uses,
and
(1) The variance will have no adverse impact on the public health, safety
and general welfare.
The Site plan shows two access points to North Powell Parkway. The owner of
this property needs to make application to TXDOT to ensure that the two
driveways can remain and be expanded to 25'.
The Staff is recommending the approval of this site plan subject to TXDOT
approval of the proposed access points. A note to this affect needs to be placed
on the site plan or a letter obtained from TXDOT approving such.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the" Anna Medical Center" with the conditions notated above.
at their meeting May 6, 2013. The vote was unanimous.
RECOMMENDED ACTION: .Approval with the recommended conditions noted
above and the reduced front landscape easement.
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Council Meeting: May 14I 2013
Account Code #:_
Budgeted Amount:
AGENDA SUBJECT: EMS Week Proclamation
Item No. _811L.
City Secretary use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Gothard
Exhibits: ❑Yes ❑ No
SUMMARY: The week of May 19 — 25, 2013 is National EMS week. The Fire Department
would like to propose a Proclamation declaring this week as EMS week in Anna.
RECOMMENDATION: N/A
CITY OF ANNA, TEXAS
EMS Week Proclamation
To designate the Week of May 19-25, 2013, as Emergency Medical Services Week
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to
those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of
those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians, emergency
nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others;
and
WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in
thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical
services providers by designating Emergency Medical Services Week; now
THEREFORE, 1 Mike Crist, Mayor, City of Anna, Texas in recognition of this event do hereby proclaim the
week of May 19-25, 2013, as I � i 3 � _ �r . , V � �J FtV P K VV%n
Mayor, Mike Crist
n
CITY OF ANNA, TEXAS
Council Meeting: May 14, 2013
Account Code #:
Budgeted Amount,
Item No. 8 (lc)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Jenlcs
Exhibits: � Yes ❑No
AGENDA SUBJECT: Approve a Resolution recognizing National Police Week 2013 as
May 1248.
SUMMARY: Each year, a week in May is designated as "National Police Weelc." This
year, May 12-18 is National Police Week, with Wednesday May 15 designated as
"Memorial Day."
STAFF RECOMMENDATION: Approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS TO RECOGNIZE NATIONAL
POLICE WEEK 2013 AND TO HONOR THE SERVICE AND SACRIFICE OF THOSE
LAW ENFORCEMENT OFFICERS KILLED IN THE LINE OF DUTY WHILE
PROTECTING OUR COMMUNITIES AND SAFEGUARDING DEMOCRACY
WHEREAS, there are approximately 900,000 law enforcement officers serving in
communities across the United States, including the dedicated members of the City of
Anna Police Department;
WHEREAS, nearly 60,000 assaults against law enforcement officers are reported
each year, resulting in approximately 16,000 injuries;
WHEREAS, since the first recorded death in 1791, almost 20,000 law
enforcement officers in the United States have made the ultimate sacrifice and been
killed in the line of duty;
WHEREAS, the names of these dedicated public servants are engraved on the
walls of the National Law Enforcement Officers Memorial in Washington, D.C.;
WHEREAS, 321 new names of fallen heroes are being added to the National
Law Enforcement Officers Memorial this spring;
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be
honored during the National Law Enforcement Officers Memorial Fund's 25th Annual
Candlelight Vigil, on the evening of May 13, 2013;
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes
place this year on May 12-18;
WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of
all fallen officers and their families and U.S. flags should be flown at half staff;
THEREFORE, BE IT RESOLVED that the Anna City Council formally designates
May 12-18, 2013, as Police Week in the City of Anna, and publicly salutes the service
of law enforcement officers in our community and in communities across the nation.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of June, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
xcoux� xonreE�rowzv
Council Meeting: Ma 14 2013 Staff Contact: City Manager
Account Code #
Amount: Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action adopting an Ordinance approving and adopting
rate schedule "RRM — Rate Review Mechanism" for ATMOS Energy Corporation, Mid -Tex
Division to be in force in the City for a period of time as specified in the rate schedule.
SUMMARY: The City, along with 154 other cities served by Atmos Energy Corporation,
Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC" or "Steering Committee"). In 2007, ACSC and Atmos Mid -Tex agreed to
implement an annual rate review mechanism for Atmos Mid -Tex, known as the Rate Review
Mechanism ("RRM"), as a temporary replacement for the statutory mechanism known as GRIP
(the "Gas Reliability Infrastructure Program"). This first RRM tariff expired in 2011, and
although ACSC and Atmos Mid -Tex met many times to attempt to reach an agreement on a
renewed or replacement tariff, they were unable to do so. Atmos Mid -Tex filed a full rate case in
2012. The resulting rates were approved by the Railroad Commission in December 2012 in
G.U.D. No. 10170.
ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and have
reached a tentative agreement on the form of the RRM tariff to be in effect for a four-year period
from 2013 to 2017. If the RRM process is to continue to function as a substitute for the GRIP
process, cities that exercise original jurisdiction must adopt a tariff that authorizes the process.
For the reasons outlined below, the ACSC Executive Committee and ACSC legal counsel
recommend approval of the new RRM tariff by all ACSC member cities.
RRM Background:
The RRM tariff was originally approved by ACSC member cities as part of the settlement
agreement resolving the Atmos Mid -Tex 2007 system -wide rate filing at the Railroad
Commission. The RRM process was created collaboratively by ACSC and Atmos Mid -Tex as
an alternative to the legislatively -authorized GRIP rate adjustment process. GRIP, like the RRM,
is a form of expedited rate relief for gas utilities that avoids the long and costly process of a frill
rate filing. However, ACSC strongly opposes the GRIP process because it constitutes piecemeal
ratemaking, does not allow any review by cities of the reasonableness of capital expenditures,
and does not allow participation by cities in the Railroad Commission's review of the annual
GRIP filings, or recovery by cities of their rate case expenses. The Railroad Commission
undertakes only an administrative review of GRIP filings (instead of a full hearing) and the rate
increases go into effect without any material adjustments. In ACSC's view, the GRIP process
unfairly raises customers' rates without any real regulatory oversight. In contrast, the RRM
Item No. 9
City Secretary's use only
process has allowed for a more comprehensive rate review and annual adjustment as a substitute
for GRIP filings.
Purpose of the Ordinance:
The purpose of the Ordinance is to approve the RRM tariff ("Attachment A") that reflects the
negotiated RRM process. For the RRM process to continue, cities exercising original
jurisdiction must approve a tariff that authorizes the process.
Reasons Justifying Approval of the Ne;;otiated RRM Tariff:
In the opinion of ACSC's Executive Committee, the RRM process is a better deal for customers
than the GRIP process. Atmos Mid -Tex has stated if it were to file for a rate adjustment in 2013
under the GRIP provisions, it would request approximately $5 million more in rate relief than it
plans to request in a filing under this revised RRM tariff. ACSC assumes that is because the
GRIP process only evaluates changes to capital investment. The RRM process looks at revenues
that may be increasing) and expenses (that may be declining), as well as capital investment.
Additionally, the statute authorizing the GRIP rate adjustment process allows the Company to
place the entirety of any rate increase in the unavoidable monthly customer charge portion of its
rates. If the Company were to file for an increase under the GRIP provisions, the entire amount
of the increase would be collected through the fixed portion of the bill, rather than the volumetric
charge that varies by a customer's usage. Between 2007 and 2012, ACSC was able to negotiate
rate design results that constrained residential customer charges to the $7.00 to $7.50 range.
However, the Railroad Commission has recently raised the residential customer charge to
$17.70.
The Company has agreed that for the first filing under the revised RRM tariff, there will be no
increase to the residential customer charge. Thus, some of the primary benefits of the attached
RRM tariff are that it moderates the impact of rate adjustments on residential customers by not
changing the residential customer charge for the first RRM period. In subsequent years only
10% of the proposed increase in revenues to the residential class will be recovered through the
fixed customer charge, and in no event will the residential customer charge increase by more
than $.50 per month. No such constraints exist under the GRIP process.
Additionally, the attached RRM tariff provides a discount as an incentive for cities permitting the
Company annual rate relief. The RRM tariff includes an adjustment amount that is a reduction
to the Company's requested increase. The adjustment lowers the Company's rate request by at
least $3 million each year. Additional reductions will also be made each year depending on the
size of the Company's requested increase. The attached RRM tariff also caps at 55% the
percentage of equity that can be used to calculate the Company's capital structure. Railroad
Commission policy allows rates to be based on a parent company's actual capital structure,
which for Atmos could mean increases in equity above the most recent level of 52%.
Under the RRM tariff, cities are also able to review the Company's annual expenses and capital
investments and make adjustments, or disallowances, for any such expenses or investments that
are considered to be unreasonable or unnecessary. The cities' costs in reviewing the annual
filings, such as fees associated with the hiring of expert consultants and legal counsel, will be
reimbursed by the Company on a monthly basis.
Item No. 9
City Secretary's use only
If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its annual
filings under the GRIP provisions. The anticipated GRIP adjustment for 2013 would be
approximately $5 million higher than the Company anticipates requesting through an RRM
filing. Additionally, GRIP rate adjustments would place the entire amount of the Company's
requested increase into the customer charge. The ACSC Executive Committee recommends that
ACSC city members take action to approve the Ordinance authorizing the RRM tariff.
Explanation of "Be It Ordained" Paragraphs:
1. This section approves all findings in the Ordinance.
2. This section adopts the attached RRM Tariff ("Attachment A") and finds the
adoption of the tariff to be just, reasonable, and in the public interest. Note that only the new
tariff being revised is attached to the Ordinance. The initial RRM Tariff has expired by its own
terms, and other existing tariffs not being changed in any way are not attached to the Ordinance.
3. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
4. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
5. This section is a savings clause, which provides that if any section is later found
to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Ordinance. This section further directs that the remaining provisions of the
Ordinance are to be interpreted as if the offending section or clause never existed.
6. This section provides for an effective date upon passage.
7. This section paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
RECOMMENDATION: Staff recommends approval of the attached Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEXAS, ("CITY") APPROVING
AND ADOPTING RATE SCHEDULE "RRM — RATE
REVIEW MECHANISM" FOR ATMOS ENERGY
CORPORATION, MID-TEX DIVISION TO BE IN FORCE
IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN
THE RATE SCHEDULE; ADOPTING A SAVINGS
CLAUSE; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS
OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF
THIS ORDINANCE TO THE COMPANY AND ACSC
LEGAL COUNSEL.
WHEREAS, the City of
Texas ("City") is a gas utility customer
of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "the Company"), and a
regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of cities, most of whom retain original jurisdiction over the rates and services of Atmos
Mid -Tex; and
WHEREAS, in 2007 ACSC member cities and Atmos Mid -Tex collaboratively
developeA the Rate Review Mechanism ("RRM") Tariff that allows for an expedited rate review
process controlled by cities as a substitute for the legislatively -constructed Gas Reliability
Infrastructure Program ("GRIP"); and
WHEREAS, the GRIP mechanism does not permit the City to review rate increases, and
constitutes piecemeal ratemaking; and
WHEREAS, the RRM process permits City review of requested rate increases and
provides for a holistic review of the true cost of service for Atmos Mid -Tex; and
WHEREAS, the initial RRM tariff expired in 2011; and
3562140.1 I
WHEREAS, ACSC's representatives have worked with Atmos Mid -Tex to negotiate a
renewal of the RRM process that avoids litigation and Railroad Commission filings; and
WHEREAS, a Executive Committee and ACSC's legal counsel recommend
ACSC members approve the negotiated new RRM tariff; and
WHEREAS, the attached Rate Schedule "RRM —Rate Review Mechanism" ("RRM
Tariffl') provides for a reasonable expedited rate review process that is a substitute for, and is
superior to, the statutory GRIP process; and
WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids
piecemeal ratemaking; and
WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies
authorized by the Raih•oad Commission in the most recent Atmos Mid -Tex rate case, G.U.D. No.
10170; and
WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex's
requested rate increase of at least $3 million; and
WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos
Tex pursued GRIP filings; and
WHEREAS, the attached RRM Tariff as a whole is in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ,TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds that the RRM Tariff, which is attached hereto
and incorporated herein as Attachment A, is reasonable and in the public interest, and is
hereby in force and effect in the City.
3562140.1 2
Section 3. That to the extent any resolution or ordinance previously adopted by the City
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 4. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 5. That if any one or more sections or clauses of this Ordinance is judged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 6. That this Ordinance shall become effective from and after its passage.
Section 7. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid -Tex Division,
Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle &Townsend, P.C., 816
Congress Avenue, Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED this
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
3s�aiao.l 3
2013.
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
Attachment "A"
RATE SCHEDULE:
RRM — Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 16, 2013
PAGE 1 OF 6
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in
the Mid -Tex Division of Atmos Energy Corporation ("Company") except such customers
within the City of Dallas. This Rate Review Mechanism ("RRM") provides for an annual
adjustment to the Company's Rate Schedules R, C, I and T ("Applicable Rate
Schedules"). Rate calculations and adjustments required by this tariff shall be
determined on a System -Wide cost basis.
II. Definitions
"Test Period" is defined as the twelve months ending December 31 of each preceding
calendar year.
The "Effective Date" is the date that adjustments required by this tariff are applied to
customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is
October 15, 2013.
Unless otherwise noted in this tariff, the term "Final Order" refers the final order issued
by the Railroad Commission of Texas in GUD 10170.
The term "System -Wide" means all incorporated and unincorporated areas served by
the Company.
"Review Period" is defined as the period from the Filing Date until the Effective Date.
The "Filing Date" is as early as practicable
the exception of 2013, which shall have a
Effective Date is June 1, 2017.
I11. Calculation
but no later than March 1 of each year with
Filing Date of July 15, 2013. The last annual
The RRM shall calculate an annual, System -Wide cost of service ("COS") that will be
used to adjust applicable rate schedules prospectively as of the Effective Date. The
annual cost of service will be calculated according to the following formula:
COS
=OM+DEP+RI+TAX +CD-ADJ
Where:
OM = all reasonable and necessary operation and maintenance expenses from the
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
Attachment "A"
RATE SCHEDULE:
RRM — Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013
PAGE 2 OF 6
Test Period adjusted for known and measurable items and prepared
consistent with the rate making treatments approved in the Final Order.
Known and measurable adjustments shall be limited to those changes that
have occurred prior to the Filing Date. OM may be adjusted for atypical and
non -recurring items. Shared Services allocation factors shall be recalculated
each year based on the latest component factors used during the Test
Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order.
RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate
making treatments approved in the Final Order, except that no post Test
Period adjustments will be permitted. Pretax return is the Company's
weighted average cost of capital before income taxes. The Company's
weighted average cost of capital is calculated using the methodology from the
Final Order including the Company's actual capital structure and long term
cost of debt as of the Test Period end (adjusted for any known and
measurable changes) and the return on equity from the Final Order.
However, in no event will the percentage of equity exceed 55%. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will
be maintained. Cash working capital will be calculated using the lead/lag
days approved in the Final Order. With respect to pension and other
postemployment benefits, the Company will record a regulatory asset or
liability for these costs until the amounts are included in the next annual rate
adjustment implemented under this tariff. Each year, the Company's filing
under this Rider RRM will clearly state the level of pension and other
postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before
the Filing Date, and prepared consistent with the rate making treatments
approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System -Wide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total
percentage increase in base -rate revenue sought pursuant to this tariff.
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: I RRM — Rate Review Mechanism
Attachment "A"
APPLICABLE TO: I ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 3 OF 6
IV. Annual Rate Adjustment
The Company shall provide schedules and work papers supporting the Filing's revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order.
The result shall be reflected in the proposed new rates to be established for the
effective period. The Revenue Requirement will be apportioned to customer classes in
the same manner that Company's Revenue Requirement was apportioned in the Final
Order. For the Residential Class, 40% of the increase may be recovered in the
customer charge. The increase to the Residential customer charge shall not exceed
$0.50 per month in any given year. The remainder of the Residential Class increase not
collected in the customer charge will be recovered in the usage charge. The Company
will forgo any change in the Residential customer charge with the first proposed rate
adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the
Final Order. Test Period billing determinants shall be adjusted and normalized
according to the methodology utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the
proposed rate adjustments. The schedules shall be in the same general format as the
cost of service model and relied -upon files upon which the Final Order was based. A
proof of rates and a copy of current and proposed tariffs shall also be included with the
filing. The filing shall be made in electronic form where practical. The Company's filing
shall conform to Minimum Filing Requirements (to be agreed upon by the parties),
which will contain a minimum amount of information that will assist the regulatory
authority in its review and analysis of the filing. The Company and regulatory authority
will endeavor to hold a technical conference regarding the filing within ten (10) calendar
Jays after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed
schedules are in compliance with the provisions of this Rate Review Mechanism and
are true and correct to the best of his/her knowledge, information, and belief. No
testimony shall be filed, but a brief narrative explanation shall be provided of any
changes to corporate structure, accounting methodologies, allocation of common costs,
or atypical or non- recurring items included in the filing.
VI. Evaluation Procedures
ATMOS ENERGY CORPORATION
MIDJEX DIVISION Attachment "A"
RATE SCHEDULE.
RRM — Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE.
Bills Rendered on and after October 15, 2013
PAGE 4 OF 6
The regulatory authority having original jurisdiction over the Company's rates shall
review and render a decision on the Company's proposed rate adjustment prior to the
Effective Date. The Company shall provide all supplemental information requested to
ensure an opportunity for adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental
information and such information shall be provided within seven (7) working days of the
original request. The regulatory authority may propose any adjustments it determines to
be required to bring the proposed rate adjustment into compliance with the provisions of
this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment
was prudently incurred. Such finding of prudence shall not be subject to further review
in a subsequent RRM or Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work
collaboratively and seek agreement on the level of rate adjustments. If, at the end of the
Review Period, the Company and the regulatory authority have not reached agreement,
the regulatory authority shall take action to modify or deny the proposed rate
adjustments. The Company shall have the right to appeal the regulatory authority's
action to the Railroad Commission of Texas. Upon the filing of an appeal of the
regulatory authority's order relating to an annual RRM filing with the Railroad
Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates
subject to refund, nor will the regulatory authority advocate for the imposition of a third
party surety bond by the Company. Any refund shall be limited to and determined based
on the resolution of the disputed adjustment(s) in a final, non -appealable order issued in
the appeal filed by the Company at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustments)
that is different from the adjustments) requested in the Company's filing, the Company
shall file compliance tariffs consistent with the agreement. No action on the part of the
regulatory authority shall be required to allow the rate adjustment(s) to become effective
on June 1. To the extent that the regulatory authority does not take action on the
Company's RRM filing by May 31, the rates proposed in the Company's filing shall be
deemed approved effective June 1. (2013 filing RRM rate will be effective October 15,
2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory
authority may choose to take affirmative action to approve a rate adjustment under this
tariff. In those instances where such approval cannot reasonably occur by May 31, the
rates finally approved by the regulatory authority shall be deemed effective as of June 1.
ATMOS ENERGY CORPORATION
MID - TEA DIVISION Attachment "A"
RATE SCHEDULE:
RRM — Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013
PAGE 5 OF 6
To defray the cost, if any, of regulatory authorities conducting a review of the
Company's annual RRM filing, the Company shall reimburse the regulatory authorities
on a monthly basis for their reasonable expenses incurred upon submission of invoices
for such review. Any reimbursement contemplated hereunder shall be deemed a
reasonable and necessary operating expense of the Company in the year in which the
reimbursement is made. A regulatory authority seeking reimbursement under this
provision shall submit its request for reimbursement to the Company no later than
August 1 of the year in which the RRM filing is made and the Company shall reimburse
regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the
regulatory authority in determining whether to approve or disapprove of Company's
proposed rate adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority.
Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate
proceeding at any time to review whether rates charged are just and reasonable.
Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code,
Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider
RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities
Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during
the pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject
to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code
(Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in
conspicuous form, in the bill of each directly affected customer no later than forty-five
(45) days after the Company makes its annual filing pursuant to this tariff. The notice to
customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE
APPLICABLE TO:
EFFECTIVE DATE:
RRM — Rate Review Mechanism
Attachment "A"
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected
customer;
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company's address, telephone number and website where information
concerning the proposed rate adjustment be obtained.
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Y{OUR} iiOMETOWiV
Council Meeting: Ma 14 2013 Staff Contact: Cit Manager
Account Code #
Amount: Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance governing pro- rata
charges and other regulations related to extension of utility service lines.
SUMMARY: During the development process a developer may choose or be required to install
utility lines that, due to size or location, are capable of serving other properties not owned by the
developer. In such cases, it would not be uncommon for a developer who installed the utilities to
request that any future person who connects to and benefits from the utility line, pay the original
developer a pro-rata share of the cost of the utility installation. The attached ordinance outlines,
eligibility requirements, regulations and administrative rules for pro rata agreements and fee
payments.
RECOMMENDATION: Staff recommends approval of the attached Ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART I11-A (SUBDIVISION
REGULATIONS), ARTICLE 3 (SUBDIVISION DESIGN STANDARDS) BY ADDING
SECTION 12 (EXTENSION OF SERVICE); PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF THIS ORDINANCE NOT TO EXCEED $20000 PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously
adopted standards, requirements, and procedures for and otherwise governing
subdivisions that are codified in Part III -A of The Anna City Code of Ordinances
("Anna Code"); and
WHEREAS, the City Council has investigated and determined that it would be
beneficial and advantageous to provide for revised and additional standards,
requirements, and procedures related to extension of service and pro rata fees; and
WHEREAS, the City of Anna, Texas City Council (the "City Council") has
investigated and determined that it would be advantageous and beneficial to the City
and its citizens to amend Part III -A (Subdivision Regulations), Article 3
(Subdivision Design Standards) by adding Section 12 (Extension of Service).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances,
the following new Section 12 (Extension of Service) is added to Part III -A
(Subdivision Regulations), Article 3 (Subdivision Design Standards) attached to this
ordinance as Exhibit A, said Exhibit A being incorporated herein by reference as if set
forth in full, including without limitation the penalties set forth therein.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted
CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2
of any such violation shall be fined in an amount not to exceed $2000 for each
incidence of violation. Each violation is considered a separate offense and will be
punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed
to the extent of that conflict. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional
or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary
is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 14t" day of May, 2013.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2
EXTENSION OF SERVICE
Part I. General Provisions
Sec.l Definitions
For the purposes of this Extension of Services Code (this "Code"), the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
Associated facility. An apparatus or improvement that is used in conjunction with a water or
wastewater line that provides water or wastewater service to a tract of land, regardless of where
the associated facility is located. The term includes a lift station, a force main, a pump station, a
storage tank, or an addition to an existing facility that increases the capability of the existing
facility to provide water or wastewater service.
Developer•. The person, business, corporation or association responsible for the development of a
lot, parcel or tract, and includes the property owner or subdivider.
Oversize or over°sizing. With reference to a water or wastewater line or an associated facility,
means an increase in the size or capacity of the line or associated facility above the minimum
size or capacity, including fire flow requirements, that is necessary to provide complete utility
service to a particular development.
Pro rata fee. A charge made against a lot, tract or parcel for the purpose of reimbursing the City
or a developer a proportionate share of the service extension costs for extending a water or
wastewater line and associated facilities that serves the property against which the charge is
made.
Service exterrsio�. A water or wastewater line or an associated facility that is necessary to extend
water or wastewater service from a major City transmission main or collection main to a tract of
land and across the tract or frontage of the tract to a point determined by the City engineer to be
consistent with further service extensions of the City, provided that the extension does not
extend beyond the property boundaries of the tract.
Service extension application. A request in writing to the City for extension of water or
wastewater service to a development.
Service extension costs. The total costs of any off -site service extension, as initially determined
by the City's engineer, including but not limited to costs of land/easement acquisition, design
and construction costs, and any permitting or administrative fees required for such extension, but
not including amounts expended solely for oversizing.
Service extension contract. A legal document that defines the responsibilities and requirements
of the entity requesting a service extension and the City with regard to the service extension. A
service extension contract may be required at the sole discretion of the City.
Standard size. The size of water or wastewater line needed to serve a particular development as
determined by the City from time to time.
Water or wastes ater line. A necessary appurtenance to a water distribution or wastewater
collection system. The term includes a valve, manhole, connection, air release, diversion, and
other equipment necessary to make the water distribution or wastewater collection system
operable in compliance with the design criteria and standards of the City.
Sec. 2 Responsibilities of developer; application
(a) The developer shall extend all water and wastewater lines and associated facilities needed to
connect the development or land use with the City's approved water distribution system and
wastewater collection system. The developer shall further extend all lines across the property
currently being developed or to the point on such property from which such lines will be
extended to serve adjoining land as determined by the City. As a condition of acceptance of
water or wastewater lines, the City may require conveyance of an easement across the property
currently being developed as well as other contiguous property owned by the developer for
purposes of future extension of the water or wastewater lines. All initial service extension costs
and all initial costs of oversizing, shall be borne by the developer or property owner, subject to
reimbursement from proceeds of pro rata fees or cost participation pursuant to sections 22 and
23. Requests for extension of water and wastewater lines shall be as provided for in this section.
(b) A service extension application is required
to:
(1) Connect a tract of land to the existing City system; or
(2) Provide utility service to a tract of land if an existing line or associated facility is
unsuitable or insufficient to provide service to the tract.
(c) A developer or property owner must submit an application for a service extension to the City
engineer.
(d) An application for a service extension must:
(1) Include a
extension; and
Exhibit "A" —Page 2 of 11
general description of the location, size, and capacity of the service
(2) If within the Citys ETJ, be accompanied by an irrevocable petition to the City
for voluntary annexation at such time and under such conditions as deemed
appropriate by the City.
(e) If either water or wastewater service is to be provided by an entity other than the City, the
application must be accompanied by evidence of a commitment from the other entity to provide
the other required service. The evidence must be in the form of.
(1) A contract with the entity;
(2) A letter from the entity; or
(3) The minutes of the relevant meeting of the governing body of the entity.
Sec. 3 Administrative approval
(a) The City manager may approve an application or contract for a service extension if:
(1) The requested service extension does not include a request for establishment of
pro rata fees or cost participation by the City; and
(2) The City manager determines that sufficient capacity exists or will be available to
meet the projected demands of the development or land use to be served.
(b) If a requested service extension includes a request for establishment of pro rata fees or cost
participation by the City, or if the City manager does not determine that sufficient capacity
exists or will exist, the application must be processed under sections 24 (contract required) and
25 (review and approval) and requires a service extension contract.
Sec. 4 Construction standards; submission of construction plans
(a) After a service extension application or service extension contract has been approved, an
applicant must submit the construction plans for needed improvements to the City engineer for
review and approval of the size, capacity, and routing of the improvements.
(b) The City engineer may approve the size, capacity, or routing of an improvement only if it
complies with generally accepted engineering practices and each applicable City requirement.
(c) Water and wastewater lines shall be oversized where needed to provide capacity to other
existing or new developments in the area to be served in order to avoid duplication of facilities,
in conformity with the City's generally accepted engineering practices.
Exhibit "A" —Page 3 of 11
(d) The location and size of all water and wastewater lines necessary to serve land to be
developed shall be in accordance with the City's generally accepted engineering practices and in
accordance with the City's subdivision regulations.
(e) When an existing water or wastewater line provides service to a proposed development, the
developer shall pay all applicable pro rata fees pursuant to section 25 or 27 for the water line or
wastewater line before extension of or connection to such main is made.
Sec. 5 Submission of additional information
An applicant for a service extension shall provide information determined by the City engineer
to be necessary to demonstrate that construction of the service extension complies with the
requirements of the City.
Sec. 6 Expiration of approval
(a) Unless extended under subsection (b) or (c), the approval of a service extension application
remains valid until the latest of:
(1) The date on which the preliminary plat expires for the property to be served by the
service extension;
(2) The second anniversary of the date on which the service extension application was
approved, if on or before that date:
(A) A preliminary plat for the property to be served has not been approved; and
(B) Construction of the service extension has not begun; or
(3) The date established in the service extension contract.
(b) If construction of a service extension begins before the approval expires under subsection (a),
the City manager may extend the approval of a service extension for the period of time
estimated to be necessary to complete construction of the service extension.
(c) Under this section, if the approval of a service extension requires a service extension contract:
(1) Construction of the service extension shall not begin until fiscal security is posted
or money is deposited in compliance with section 7; and
(2) The service extension approval is extended until construction of the service
extension is complete and the City accepts the lines and associated facilities
constructed under the contract.
Exhibit "A" —Page 4 of ll
Sec. '7 Fiscal security
(a) For construction contracts administered by the City, fiscal security in an amount approved by
the City engineer to be equal to 100% of the estimated service extension costs and 100% of the
costs of any oversizing, must be deposited in cash with the City prior to entering into a
construction contract.
(b) For construction contracts administered by a party other than the City, the fiscal security
must be posted prior to the execution of a construction contract and must be in the form of.
(1) An irrevocable letter of credit that has a minimum term of three years and is
acceptable to the City;
(2) A performance bond; or
(3) A cash deposit.
Sec. 8 Hardship policy for extension to single dwelling unit
(a) The City may, at its expense and in its sole discretion, upon written request of a property
owner, extend a water or wastewater line of a size determined by the City to serve a single
dwelling unit if funds are available to pay the cost of installing the line and the extension meets
the standards in subsection (b).
(b) (1) The person requesting the extension must demonstrate that:
(A) A substantial hardship would result if the extension is not made;
(B) Denial of the extension would result in potential water quality degradation;
and
(C) The extension is necessary to provide like benefits to similarly served
property.
(2) The City may require that the property owner malting the request share in the
service extension costs ,and that the property owner grant all necessary easements
to continue line extensions to serve adjoining land.
(c) This policy has no application to circumstances in which multiple connections are requested
or necessary to serve existing or proposed development, or in which the City determines to
Exhibit "A" —Page 5 of 11
initiate construction of a water or wastewater line or associated facility that serves multiple users.
This policy may not be invoked to finance serial connections to lots in an existing subdivision.
Secs. 9-20 Reserved
Part II. Pro Rata Fees and Cost Participation
Sec.21 Eligibility
A developer that agrees to construct a water or wastewater line or an associated facility that on
acceptance will become part of the City's water and wastewater system and which supplies
capacity to other existing or new developments, and that is not a facility included on the capital
improvements plan for water or wastewater facilities, may apply to the City to establish pro rata
fees to be paid by other users of the facilities and to reimburse the developer a proportional
amount of the service extension costs . The developer also may apply for cost participation by
the City for the costs of oversizing water or wastewater lines in excess of one size larger than the
standard size required to serve the development.
Sec. 22 Calculation of pro rata fees
(a) The amount of the cost reimbursement for an extension, if any, shall be computed as
the off -site length of a water or wastewater line that has been extended by a developer
multiplied by the then -current average cost, per linear foot, of the service extension costs , as
determined by the City engineer. The amount of the pro rata fee based upon such computation
shall be established for each side of the line to which connections are to be made. For mains
that can be connected to from both sides, the fee for each side shall be equivalent to. 1/2 of
the average linear foot cost referenced above, multiplied by the length of the water or
wastewater line on or abutting the property being charged. For mains that can be connected to
from one side only, the fee shall be equivalent to the average linear foot cost referenced above,
multiplied by the length of the line on or abutting the property being charged.
(b) In the alternative, the developer may apply for a different cost reimbursement formula, based
upon engineering cost estimates of the service extension costs agreed upon in writing by the
City manager and the applicant, and verified in a study provided by the applicant approved by
the City engineer. The study shall aggregate the costs of associated improvements where
feasible. The City may establish guidelines for eligible costs to administer the policy in this
section. The amount of the pro rata fee shall be that calculated in the approved study. The study
shall contain the following minimum elements:
Exhibit "A" —Page 6 of 11
(1) Identification of the area and all properties to be served by the water or
wastewater lines or associated facilities to be installed;
(2) Identification of the costs of the facilities to be installed;
(3) Apportionment of the costs of the faces to be installed among lots, tracts or
parcels to be served by the improvements, based upon capacity to be utilized by such
properties, using accepted engineering standards and practices;
(4) Calculation of the maximum amount of the costs which are to be reimbursed to
the developer or property owner, net of costs attributable to the developer's or
property owner's utilization of capacity of the lines or associated facilities; and
(5) Calculation of a pro rata fee to be charged per unit of land that is to be connected
to the water or wastewater lines or associated facilities.
(c)In making the initial determination of appropriate pro rata fees under subsections (a) or (b),
above, the City engineer shall certify in writing that the amount of the pro rata fee is roughly
proportionate to the impact that the properties to be charged will have on the City's water and
wastewater utility system.
(d)After construction of off -site improvements by a developer that are subject to reimbursement
from pro rata fees, but before the City's acceptance of such improvements, the City engineer
may request, and the developer shall be required to promptly supply, verifiable proof of the
actual costs expended as to all such off -site improvements. If the actual costs to complete such
improvements —including but not limited to costs of land/easement acquisition, design and
construction costs, and any permitting or administrative fees required for such extension, but not
including amounts expended solely for oversizing—are less than the City engineer's initial
determination of the service extension costs under subsection (a) or (b), above, then the amount
of pro rata fees as relates to those improvements shall be decreased to correspond to said actual
costs.
Sec. 23 Cost participation for oversized lines
The City may participate in the reasonable construction costs of oversizing water or wastewater
lines that exceed the standard size of a water or wastewater line, and associated facilities. The
developer initially shall be responsible for the entire cost of the oversized facilities. City
oversize participation shall be in accordance with this section and any applicable provisions of
the City's subdivision regulations. The City in its sole discretion shall determine the amount of
any cost participation based on engineering estimates of the costs attributable to the increase in
the size of lines exceeding the standard size, taking into consideration the degree to which the
need for such oversizing is created by the development for which service extension is being
requested. In no event may the City be required to participate in the costs of oversize facilities
Exhibit "A" —Page 7 of 11
pursuant to this section if there are no funds available for such purposes.
Sec.24 Contract
(a) The applicant for approval of a service extension must request Lite establishment of pro rata
fees or cost participation in writing at the time the applicant applies to the City manager for
approval of the service extension. If the applicant for approval of a service extension requests
establishment of pro rata fees or cost participation, a written service extension contract is
required.
(b)The service extension contract shall inchrde at a minimum the pro rata fee and cost
participation, if any, approved by the City, the duration of the right to collect pro rata fees, and
provisions for forfeiture of such fees to the City in the event they are not collected by the
contracting party, his or her successor4n4nterest, or assignee.
(c) An executed service extension contract may be assigned by the party requesting service
extension with the written consent of the City, which shall not be unreasonably withheld.
Sec. 25 Review and approval; collection of pro rata fees
(a) The City manager shall review each request for cost reimbursement from pro rata fees or
cost participation for oversizing lines.
(b) The City manager shall formulate his or her recommendation concerning the cost
reimbursement from pro rata fees or cost participation for oversizing lines, which shall address
each of the following minimum criteria:
(1) The line to be extended has not been included on the impact fee capital
improvements plan for that category of capital improvement;
(2) The size of each proposed line or facility complies with the generally accepted
engineering practices and other planning criteria of the City and final design and
routing will comply with the technical standards;
(3) Any alternative study proposing pro rata fees fairly apportions the extension costs
among prospective users of the facilities to be installed;
(4) The proposed line or facility is a reasonable extension or addition to the water and
wastewater utility system; and
(5) Funds for participation in the costs of oversizing lines are available from an
identified source of funds or funds will be available to meet the proposed payment
schedule.
Exhibit "A" —Page 8 of 11
(c) The City manager shall forward his recommendation on pro rata fees and cost participation,
together with the proposed service extension contract, for decision by the City council.
(d) Upon approval of the request for reimbursement from pro rata fees, any developer or user of
property with frontage along the off -site portion of the water or wastewater line or of property
that is identified in the approved fee study thereafter that connects to or utilizes the capacity of
the water or wastewater line or associated facility for which a pro rata fee has been established
shall pay the applicable fee. Pro rata fees shall be collected by the City from the developer or
user before approval of the engineering plans for the development required to pay the fee, or
before connection to the water or wastewater line for which the fee has been established,
whichever first occurs.
Sec.26 Conditions
(a) A developer constructing a water or wastewater line or an associated facility that is eligible
for cost reimbursement from pro rata fees or cost participation for oversizing may not receive
cost reimbursement payment for the line or facility unless the entity complies with each
requirement or regulation of the City relating to:
(1) The public advertising of the line or facility;
(2) The bidding on the line or facility;
(3) A performance or payment bond for the line or facility; and
(4) A warranty on the line or facility.
(b) The developer constructing the line or facility is not entitled to receive a cost reimbursement
payment from pro rata fee proceeds or cost participation for oversizing lines until the entity
submits documentation showing the entity's compliance with each requirement described by
subsection (a) and the line or facility is accepted in writing by the City.
Sec. 27 Payments to developer
(a) For projects subject to a service extension contract approved by the City by April 1 of any
year, the City shall pay the developer holding the extension contract any eligible cost
reimbursement for oversizing, without interest, within 60 days of completion and acceptance of
the project by the City, but no earlier than the following September 1.
(b) For projects for which a service extension contract is approved by the City after April 1 of
any year, the City shall pay the developer holding the extension contract any eligible cost
reimbursement for oversizing, without interest, for a completed and accepted project within
Exhibit "A" —Page 9 of 11
60 days of completion and acceptance of the project by the City but no earlier than September 1
of the next calendar year.
(c) For a period of 15 years following the City's acceptance of the water line, wastewater line,
or associated facility, the developer shall be entitled to reimbursement from the proceeds of the
pro rata fees established pursuant to this section, up to the maximum amount of the
reimbursement established in the approved extension contract. The City may deduct 2% of the
amount of pro rata fees collected from the amount of the fees reimbursed to the developer as an
administration fee.
(d) Pro rata fees which have been collected pursuant to the service extension contract shall be
paid to the developer annually no later than October 1 of each year, until the term of the
agreement expires.
(e) The City may establish one or more pro rata fee accounts for purposes of administering the
policies of this Code. The City shall deposit all pro rata fees collected pursuant to this article
into such account(s). Expenditures from such accounts shall be earmarked solely for
reimbursement of developers for the installation of water lines or wastewater lines or associated
facilities for which pro rata fees have been established pursuant to this article.
(f) It shall be the responsibility of the service extension contract holder or his assignee to provide
to the City in writing current contact information. The City will mail reimbursement payments
to the last contact of record reflected on its books. In the event that the service extension contract
holder or his assignee has not collected pro rata payments or cost participation in oversize lines
sent to the contact of record for a period of one year from the date such payments are due
pursuant to this section, such accrued amounts shall become the funds of the City for purposes
of expenditure on cost participation for oversizing lines or other system improvements in the
City's sole discretion.
Sec. 28 Pro rats fees for City projects
(a) The City may initiate capital projects from time to time involving construction of water or
wastewater lines or associated facilities, and may seek to recoup its costs through establishment
A pro rata fees.
(b) Prior to establishing fees, the City shall either compute fees based upon a per average linear
foot formula similar to the formula described in section 22(a) or pursuant to a study that
satisfies the requirements of section 22(b). The City council shall establish pro rata fees based
upon the front footage formula or alternative study.
(c) Following establishment of pro rata fees by the City council, the developer or user of
property with property frontage on the extended water or wastewater line or of property that was
identified in the approved pro rata fee study thereafter that connects to or utilizes the capacity of
the water or wastewater line or associated facility for which a pro rata fee has been established
Exhibit "A" —Page 10 of 11
shall pay the applicable fee. Pro rata fees shall be collected by the City from the developer or
user before approval of the engineering plans for the development required to pay the fee, or
before connection to the water or wastewater line for which the fee has been established,
whichever first occurs.
(d) Pro rata fees established under this section may be collected fora period of 15 years
following final construction by the City of the water line, wastewater line, or associated facility.
Exhibit "A" —Page 11 of 11
HOMETOWN
Council Meeting: May 14, 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: Maurice Schwanke
Date Prepared: OS/08/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving
Change Order No. 4 to the contract with Parkscape Construction for Slayter Creels Park
Phase II Project,
SUMMARY: This change order includes several items that will make Slayter Creels
more functional in the future. The Change includes the installation of additional concrete
trails to make logical connections to the splash pad, parking lot, tennis court, and an area
of concrete between the ball fields. Other needed concrete includes an additional Disc
Golf Tee Box and three picnic table pads. Other items within this change order includes
an additional 20 feet of 21 foot high fence, labor for a parking lot drainage basin, and the
remodel of a low water crossing to facilitate storm water movement. The trails to the
splash pad have always been contemplated, however until we had a final design of the
pad the amount of concrete could not be evaluated. Additionally, with the shrinking of
the original parking lot several other sidewalk are needed. The low water crossing was
originally constructed with Phase I of Slayter Creek Park. The proposed improvements
will help with the drainage and eliminate the constant standing water and will help with
WA accessibility to the south new multi -purpose field.
Attached is a detailed spreadsheet with costs of the various elements. As a summary
change order #1 was the original reduction in the overall cost of the project by the
removal of some parking and ramps. Change order number 2 allowed for extending the
time frame for the placement of grass sprigs. Change order number 3 added a grass
infield to the baseball field.
RECOMMENDED ACTION: Approval of the Change order.
Item No. 11
City Secretary's use only
CHANGE ORDER #4
Date of Issuance:
Effective
Date:
Owner: City of Anna, TX
Project. Slayter Creek Park Phase II
Contract changes are approved as follows:
Description of changes: Installation of additional concrete trails
to make logical
connections to splash pad, parking lot, tennis court, and an area of concrete between
the ball fields. Other needed concrete includes an additional Disc Golf Tee Box and
three picnic table pads. Other items within this change order
includes an additional
20 feet of 21foot high fence, labor for a parking lot drainage basin,
a low water crossing to facilitate storm water movement.
and the remodel of
Reason for Change Order: Park detailing to make the elements
of Slayter Creek Park
more functional.
Attachments: Table detailing the description of the changes.
CONTRACT PRICING
Original Contract Amount including Add/Alternates:
$ II J 90,713.10
Net Increase from Previous Change Orders:
$ (1331620.66)
Contract Price Prior to this Change Order:
$ 1,057,092.44
Net Increase/Decrease of this Change Order:
$ 39,336000
Contract Price with All Approved Change Orders:
$ 13096,428044
City of Anna, TX
By: Philip Sanders, City Manager
Date:
Please sign both copies;
c/o Maurice Schwanke
PO Box 776
Anna, TX 7540M776
Parkscape Construction, Inc.
By: Cindy Craig
Date:
return one copy to: City of Anna, TX
Item No. 11
City Secretary's use only
CHANGE ORDER No. 4
Slayter Creek Park Phase II Improvements
City of Anna, Texas
5/0/2013
No.
Description of Scope Change
Cost
1
Install 1,332 sft. additional trail complete-
$
6,327.00
2
Install 4 ea. 8' ramps, with curb and trail connections
as required-
$
45900400
3
Install 2 ea. 6' ramps,
with curb and trail connections
as required-
$
31000000
4
Labor to install 100 If. of 12" pipe with one basin-
$
3,125.00
5
Add 201f. of 21' tall fence-
$
1,780.00
6
Low water crossing as per detail, including demo, concrete headwall,
$
7,782.00
7
Install 3 ea. picnic table slabs, and 1 ea. disc golf tee
slab-
$
1,740.00
8
Install 2,235 sft. of additional trail at Splash Park-
$
9,722.00
9
Bond-
$
960.00
TOTAL
$
39,336.00
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 AND APPROVING
CHANGE ORDER NO. 4 TO THE CONTRACT WITH PARKSCAPE CONSTRUCTION INC,
FOR SLAYTER CREEK PARK PHASE II.
WHEREAS, on October 23, 2012, the City of Anna, Texas (the City) award a contract to
Parkscape Construction Inc. for Slayter Creek Phase II (the "Project"), and;
WHEREAS, during the course of construction City Staff has identified several changes that
need to be made to the Project (Installation of additional concrete trails to make logical
connections to splash pad, parking lot, tennis court, and an area of concrete between the ball
fields. Other needed concrete includes an additional Disc Golf Tee Box and three picnic table
pads. Other items within this change order includes an additional 20 feet of 21foot high
fence, labor for a parking lot drainage basin, and the remodel of a low water crossing to
facilitate storm water movement.), and the cost of these changes (Change Order No. 4) will
be $39,336.00, and;
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 Change Order No. 4.
The City Council hereby approves Change Order 4 with Parkscape Construction Inc
attached hereto as Exhibit 1 and Exhibit 2
respectively; and authorizes, atifies and
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day
of May, 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
RES. 2013-05-Change Order 4 —Parkscape — Slayter Crk Park Phase If PAGE 1 OF 1 05-14-13
Council Meeting: May 14I 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: Maurice Schwanlce
Date Prepared: OS/08/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving
Change Order No. 1 to the contract with Musco Sports Lighting, LLC for the Slayter
Creels Park Phase II Project,
SUMMARY: This change order is for the Installation of parking lot and splash
pad/playground security lighting and transformer for splash pad electrical service. This
addition to the Musco contract will provide low level lighting for the parking lots and
playground/splash pad areas from dusk to dawn. Additionally, the lighting will help
It security camera visibility. Originally, we were prepared to bring additional
electricity to the site via an extension of the existing electrical line along the eastern edge
of Slayter Creels Park. Oncor would have charged the City almost $8,900 for this
extension. Part of this change order will be providing the needed electricity to the splash
pad and two new security lights through the existing service that is located in the
concession stand. This is possible since the load will not be increased since when the ball
field lights are on the splash pad auxiliary pump will not be on. The pump should only
come on at peak City water usage times which is around 6 pm and only in July.
An original cost estimate from Musco and Oncor to do the work was $48,700 plus an
unknown amount for extending from Oncor pole to the splash pad. With this Proposal
the cost has been reduced to a total of $34,000.
RECOMMENDED ACTION: Approval of the Change Order.
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 AND APPROVING
CHANGE ORDER NO. 1 TO THE CONTRACT WITH MUSCO SPORTS LIGHTING, LLC,
FOR SLAYTER CREEK PARK PHASE 11.
WHEREAS, on October 12, 20121 the City of Anna, Texas (the City) award a contract to
Musco Sports Lighting, LLC for Slayter Creek Phase II (the "Project"), and;
WHEREAS, during the course of construction City Staff has identified several changes that
need to be made to the Project (Installation of parking lot and splash pad/playground security
lighting and transformer for splash pad electrical);
WHERAS, this change order will allow for the providing of low level lighting for the parking
lots and playground/splash pad areas from dusk to dawn.
WHEREAS, the lighting will help facilitate security camera visibility; and
WHEREAS, the cost of these changes (Change Order No. 1) will be $34,000, and;
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 Change Order No. 1.
The City Council hereby approves Change Order 1 with Musco Sports Lighting, LLC,
attached hereto as Exhibit 1 respectively; and authorizes, raes 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
Change Orders.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day
of May, 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
RES. 2013-04-05 Change Orders 1 & 2 —Quality Excavation FM 455 PAGE 1 OF 1 04-23-13
►- ►
Date of Issuance:
Effective Date:
Owner: City of Anna, TX
Project: Slayter Creek Park Phase II
Contract changes are approved as follows:
Description of changes: Installation of parking lot and splash pad/playground security
lighting and transformer for splash pad electrical
Reason for Change Order: To supply low level
lighting for the parking lots and
playground/splash pad areas from dusk to dawn.
The lighting will help facilitate
security camera visibility.
Attachments: None
CONTRACT PRICING
Original Contract Amount including Add/Alternates:
$ 3522000,00
Net Increase from Previous Change Orders:
$ 0.00
Contract Price Prior to this Change Order:
$ 352,000000
Net Increase/Decrease of this Change Order:
$ 34,000000
Contract Price with All Approved Change Orders:
$ 386,000.00
City of Anna, TX
By: Philip Sanders, City Manager
Date:
Please sign both copies; return one copy to:
c/o Maurice Schwanke
PO Box 776
Anna, TX 7540M776
Musco Sports Lighting, LLC
By: James M. Hansen, Secretary
Date:
City of Anna, TX
CITY OF ANNA, TEXAS
Council Meeting: May 14, 2013
Account Code #:_
Budgeted Amount:
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Jenks
Exhibits: ❑Yes � No
AGENDA SUBJECT: Discussion regarding the purchase of a replacement police
vehicle.
SUMMARY: On April 17, the oldest patrol vehicle in the Police Department fleet was
involved in a traffic crash. This 2008 Crown Victoria with 99,000 miles received enough
damage that our insurance carrier totaled it. The vehicle was scheduled for replacement
during the next budget cycle, FY 201344.
The unexpected loss of 1/5 of the patrol fleet has a domino effect, placing the wear and
tear of two officers (or 14 shifts every two weeks) on the remaining 4 patrol vehicles,
reducing their life expectancy and accelerating their time for replacement.
When a vehicle is replaced, the equipment is rarely transferable, as the vehicle that costs
less usually does not match the one you are replacing. For example, when we replaced
two Crown Victoria's with the Chevrolet Tahoe PPV, a significant additional cost that we
had to bear was the equipment and labor (commonly called an upfit) that it took to put
them into police patrol service. In this case, however, the new Ford Police Interceptor
(Taurus SHO in civilian markets) will accept most of the equipment that is used in the
Crown Victoria, cutting the total cost of replacement significantly.
Our intention is to proceed with the purchase of a replacement police patrol vehicle and
have been obtaining quotes on vehicles, working with equipment vendors, and
negotiating with an "upfit" company. We will be coming to you later in the year to
amend the budget.
STAFF RECOMMENDATION: n/a
Council Meeting: May 14, 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: 5-8-13
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).
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.
i
Council Meeting: May 14, 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: 5-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for May 14, 2013 City of Anna Special Meeting or any Closed Session occurring
during this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
r
Council Meeting: May 1412013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 16
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-8-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.