HomeMy WebLinkAbout2013-08-13 Workshop & Regular Meeting PacketADDRESS
CITY COUNCIL MEETING
SIGN IN SHEET
DATE: 3 3
Please sign4n as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Foi7n. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
`?5
Requests not included in the proposed FY 2014 Budget
• "Sparky" Suit in Fire Department
o $4,000 (GF)
• One additional full-time Fire Fighter position
o $55,000 (GF)
• Two new Police Corporal positions including uv-fit (vehicle and
other supplies)
o $192,500 (GF)
• One new Accountant position in the Finance Department
o $62,000 (GF)
• Household Hazardous waste collection event
o $15,000 (GF)
• Create comprehensive brand and brand implementation strategy
o $70,000 (GF, UF)
• Enhancements to utility auto -read system
o $505,750 (UF)
• Outsource PIO external and citizen communication and programs
o $21,000 (GF, UF)
• Misc. reductions to department budget requests
o $21,800 (All Departments)
• Backhoe Trailer
o $15,000 (UF)
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14 Z
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Y{OUR} HOMETOWN
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
August 13, 2013
6:30 p.m. —Anna City Hall Administration Buildi
ng
Au
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.rn.,
gust 13, 2013, at the Anna City Hall Administration Building, located at 111 N.
Powell Parkway (Hwy 5), regarding the following items.
1. Call to Order. rp ; 3 D
2. Roll Call and Establishment of Quorum. C a�
3. Briefing/Discussion regarding utility rate model update (Clayton Fulton)
4.
CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
consult with legal counsel regarding pending or contemplate
litigation and/or on matters in which the duty of the attorney to tl
governmental body under the Texas Disciplinary Rules t
Professional Conduct of the State Bar of Texas clearly conflicts wit
Chapter 551 of the Government Code (Tex. Gov't Code §551.071).
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); lease of office space;
acquisition of utility easement.
c. discuss or deliberate personnel matters: City Secretary Annual
Review. (Tex. Gov't Code §551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
1. The
Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-13-13 CC Workshop Meeting Agenda.doc
Posted 08-09-13
5; 011sidcriL7iscussiYACLioll un any itelrs listed Oil IioSteu agenda 101 Aelgtlst 14),
2013 City of Amia City Council RC8 llar Meeting or any Closed Sessioll
occurring dtdrinz this Workshop, as necessary.
h. Adjourn. 11I
This is to certify that 1. PhilipSaCIt r Managed posted this agenda fit a
y ,
place readily acrcestiible to the public at the Anon City [-loll and can the City Hall
bulb tin board at or before, 5.00 p.ni., Augt.)st 9, 2013:
Sari{lets, t�.ity IE�iana�cr
L The Ca.utcil Wray tote and!ar act upon each at'the. ilcnts listed in ibis ngenaa
2,'rh� Crwncil reserves dhe right da mlire u�in executive session ernnarning adrp of'the ricers listed tit thi rtgcrdrt, ttiteuever it is
conssdsr41 nccess:�ry find ie��tlyjtutilicd ti;rlcr th+<a11Llt R4eCtin[.I�Ct.
?. I'cUMN With It dis burly W110 tVant (ti oticnd this meeting 1tb)tttay nt:A assis4nia should contact the City Secretary at 972 92,14
3325 bier working {Trips prior to the meeding:so that nplirnprinte arrangements can tie iitnde.
{18-13-1:3 Ct:,` Works"iop Meeting Agenc3n,t(ne 2 t't�cted ily41M3
M(gi41�Yi[45�i� I
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Call to order.
SUMMARY:
RECOMMENDATION:
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑ Yes ❑ No
R*
Council Meeting: August 135 2013
Account Code #: N/A
Item No. 2
Ciry Secretary's use only
C
UOUHCII Agendl
Staff Report
Staff Contact: Philip Sanders
Date Prepared:
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Roll call and establishment of a quorum.
SUMMARY:
RECOMMENDATION:
❑ No
IiOMETOWN
Council Meeting: August 139 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
UOUHC11Ag r
taff Report
Staff Contact: Clayton Fulton
Date Prepared: 08/08/13
Exhibits: Q Yes ❑ No
AGENDA SUBJECT: Briefing/Discussion regarding utility rate model update
SUMMARY: The City has been working with a consultant to review our utility rates.
Working in concert with staff, the consultant has performed an analysis of our existing
utility rates with regard to a number of variables including projected growth, debt service,
capital projects and the annual budget.
Bob McLain, from McLain Decision Support Systems, will be here to present his
findings and discuss future utility rates and the impact those rates will have upon future
budgets.
Mr. McLain performed the last utility rate study and presented the results of that study to
the City Council in June of 2012.
RECOMMENDED ACTION: None
MAE
Y{OIIR}IiOMETOWN
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
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).
b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code 9551.072); lease of office space; acquisition of utility easement,
c, discuss or deliberate personnel matters: City Secretary Annual Review.
Gov't Code §551.074)0
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5
City Secretary's use only
oil Jxnna
i it Council Agenda
ty
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for August 13, 2013 Open Session or any Closed Session occurring during this
Workshop, as necessary.
SUMMARY:
RECOMMENDATION:
Y{OUR,} IiOMETOW N
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: NIA
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 6
City Secretary's use only
01i Anna
Councilit Agenda
.'
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.
1
X{OUR} HOME'POW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
August 135 2013
7:30 p.m. —Anna City Ilan Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., August
13, 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
OpinionlSpeaker 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 o• discuss any is
sues ssues 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 ci person's public office
or• public employment); a reinindeabout an upcomi r ng 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;
a. Introduction of new Director of Public Works. (City Manager)
5. Administer the Statement of Elected Officer• and the Oath of Office and
present Certificate of Election to newly elected officials. (City Secretary).
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
0843-13 CC Regular Meeting Agenda.doc 1 Posted 08-09-13
6. Consent Items. These items consist of non -controversial or "housekeeping"
items required by laly. Items may be considered individually by any Council
member making such requestprior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for July 23, 2013 Regular Meeting
and the July 30, 2013 Special Meeting/Budget Workshop.
b. Review CDC Minutes of May 16, 2013 and June 7, 2013.
c. Review EDC Minutes of May 16, 2013 and June 7, 2013.
d. Resolution approving an inter -local agreement for Environmental
Services with Collin County. (Maurice Schwanke)
e. Approve the Nelson Concrete Addition Development Plat. (Maurice
Schwanke)
f. Approve a Resolution abandoning a utility easement on Lot 3, Block
A, Anna Market Center. (Maurice Schwanke)
g. Approve a Resolution authorizing Change Order No. 6 to the contract
with Parkscape Construction for the Slayter Creek Park Phase II
Project. (Maurice Schwanke)
h. Approve a Resolution approving an EDC Budget Amendment for FY
2013. (Jessica Perkins)
i. Approve a Resolution approving a CDC Budget Amendment for FY
2013. (Jessica Perkins)
7. Public Hearing: City Council will hear public comments on the Proposed City
of Anna FY 2014 Budget. (Clayton Fulton)
8. Consider/Discuss/Action approving a Resolution regarding a Proposed Tax
Rate for Fiscal Year 2013-2014. (Clayton Fulton)
9. Consider/Discuss/Action approving a Resolution setting the date and time for
two Public Hearings on the proposed FY 2013-2014 City of Anna Tax Rate.
(Clayton Fulton)
10. Consider/Discuss/Action approving an Ordinance authorizing a budget
amendment for the expenditure of Police Seizure Funds (Clayton Fulton)
11. Consider/Discuss/Action regarding a Resolution approving an Agreement
with Collin County for the Provision of Firefighting and Fire Protection
Services. (Chief Gothard)
12. Consider/Discuss/Action regarding a Resolution approving a Subdivision
Improvement Agreement for Oalc Hollow, Phase 6. (Maurice Schwanke)
13. Consider/Discuss/Action approving a Final Plat for Oak Hollow Phase 6.
(Maurice Schwanke)
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.
0843-13 CC Regular Meeting Agenda.doc 2 Posted 08-09-13
14. Considua°![7iscuSSO-k t[oil regarding a resolution approving an annual
sponsorship agreement between the CDC and the Greater Minna Chamber of
cionlilici'ce (Jossica Perkins)
1. t✓ottsicic llDlscusti,�hclion tegarcting a Ptiesalution a])proving; an annual
sponsomblp nurreement between the EDC and the Greater Alma Chamber of
Commerce (Jessica Peikkins)
1G. Con iclerlDisctiss/fiction reg ardin ; an alip oL1itaalUalf to serve a tyy'o-yei:11 tea'III
on the Greater Texoma Utility Authority Board of Directors. (Cif.y C.otmeil)
17. C'L C75Tl ESLSSIC)I�1 (f? C L.1' l'1()T Utiier �'ex C�ot�'t +acle C12apter SS l ;
the City Coullell may enter Into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
1, consult with legtll eotinscl l°egarding lending Or ct�ntornlalatd
litigtation and/or on matters in Nvl�ich the duty of the &ttoi'iley to tllo
Bove ml,ental body under the Texas Disciplinary Mules of
Professional Conduet of the State Bar of Texas clearly conflicts with
Chapter 51 of the Government Code (Tex. Gov't Code §551,071)1
l�, discuss or �.lell�et'lttc' tllc ptu•cllttse, exchange, lease, of value of rcat
property (I'ex. Gov't Code §551,072), [cc
se of office spaco,
acquisition of utility cascTticnta
e. discuss oi` eLelibet'ttte l�ersotlllel Iuatte~r5. City Secretary �imt.itaL
l eview. I, I ex, Gov't Code §X)I.fi74).
The c;t7tincil f'tirtltei' t�5et•1reS the right ko Gltter into executive: session at airy
tinaC: tlai'oUE, WWI, 411y dtlLy aloticed tileeting under any applicable exception
to the Open Meetings Act.
l5. C�olasirlelll�ise4lsslAetitalt oil ally iteills lstz�-1 [771 posted zboilda for 1�u�usf 13�
013 Iorl�sIlop Session dr rant' closet/ session occurring cluritlg this I C(111 Ell
T 4coting) as Necessary,
1 9. fycljourll.
'Phis is to certify that Ij P1�iNl� 54ultlers, C:it}1 1t�Taala�er, 15o5ted tll5 1genda at a
place readily accessible to the haiblic 4�t the �aaila City hall atatt teat the City
I lllll bulletin board at or before 5:00 pall. August 2013.
Ivflna�et`
1. °rhn C'ounYil ata}• volt nntilor nr•I u)��n �:ich of the iicnts ]isfetl, in 117is ttcntldz, ""`
�.'I'liv C.'oun-il reservbs the riglil to r41in into 4st:ctili4� scssien vc7aie�rliiti� tni��t�i'llie itcitts listctl c�;i dn. at;Ciiilof, wltctievi<r It is
c4?tt51cl4rctl ntc4ssnry :ttu! i4gally jusliGed antler lbc t)pcn h9ectind Act.
;3. l7crsum; with a (lislubiNy who 7ennt (o ollrnd this nieetirg +vita luny lleed assistance should contact the City Secrelmy nt 972 924m
325 trsro titrorlctng (1qq prior it) tiie 117Betil74 so than nppropr idle Ilrl'i117!!e117e ll5 enn lie made,
()SulM3 CC itqntnr h4et;ti;lg A„ett:Ia,clec 3 ['oStC<I t)MI-13
Y{OIIR} ROMRTOWN
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT
�.Y11►L1►�1�.7•�
17DCK�7►�11�1�1►i17rY[�)►`a
Call to order.
Item No. 1
City Secretary's use only
Councility
ity Agend •;
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑Yes ❑ No
Council Meeting: August 13, 2013
Account Code #: N/A
Item No. 2
City Secretary's use only
Clizamm=
Staffff Re''_;
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
❑ No
Y{OIIR} gOMETOWN
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
MY T is
staff
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to
speak. The Council is unable to respond to or discuss any issues that are brought zap
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:
17 �CK�7►� 1►� 1 �1►117_11 Y [�]►F
i
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
Uity of Anna
ity Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
or salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office 014 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 Tvas 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.
4//1 tP 1AJ x4l� /U A/ uvuoeo�
Y{OUR} HOMETOW N
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No.5
City Secretary's use only
Anna
StaffReport
Staff Contact: Natha Willcison
Date Prepared: 8-8-13
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 first 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 official, Dicic Dowd,
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Rein No. 6 a-i
City Secretary's use only
rlity %,ouuncn c.r
Staff Report I
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
"housekeeping" items required by law. Items may be considered individually by any
Council member malting such request prior to a motion and vote on the Consent Items.
Approve City Council Minutes for July 233 2013 Regular Meeting
and the July 30, 2013 Special Meeting/Budget Workshop.
b. Review CDC Minutes of May 16, 2013 and June 7, 2013.
c. Review EDC Minutes of May 16, 2013 and June 7, 2013.
Resolution approving an inter -local agreement for Environmental
Services with Collin County. (Maurice Schwanke)
e. Approve the Nelson Concrete Addition Development Plat. (Maurice
Schwanke)
` Approve a Resolution abandoning a utility easement on Lot 3, Block
A, Anna Market Center. (Maurice Schwanke)
Approve a Resolution authorizing Change Order No. 6 to the contract
with Parkscape Construction for the Slayter Creels Park Phase II
Project. (Maurice Schwanke)
Approve a Resolution approving an EDC Budget Amendment for FY
2013. (Jessica Perkins)
Approve a Resolution approving a CDC Budget Amendment for FY
2013. (Jessica Perkins
RECOMMENDATION: Staff recommends approval of the consent items.
/. gar I
Apr
Bay
p0V,d
Item No. 6-b
City Secretary's use only
�.w
ly
Staff Report
CITY OFANNA,TEXAS
Council Meeting: August 13, 2013 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount, n/a Exhibits: X Yes ❑ No
CONSENT AGENDA SUBJECT: Review CDC Minutes for May 16, 2013 and June 7,
2013. (Jessica Perkins)
SUMMARY: The CDC minutes are attached for your review.
STAFF RECOMMENDATION: n/a.
Item No. 6 c
City Secretary's use only
Agencti
Staff Report
Council Meeting: August 13, 2013 Staff Contact: Jessica Perkins
Account Code 4. n/a
Budgeted Amount: n/a Exhibits: X Yes ❑ No
CONSENT AGENDA SUBJECT: Review EDC Minutes for May 16, 2013 and June 7,
2013. (Jessica Perkins)
SUMMARY: The EDC minutes are attached for your review.
STAFF RECOMMENDATION: n/a.
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No.6-1
City Secretary's use only
Anna
�` .�!
aReport
Staff Contact: Maurice Schwanke
Date Prepared: 08/06/13
AGENDA SUBJECT: Resolution approving a ILA for Environmental Services with
Collin County.
SUMMARY: The City has been contracting out to Collin County our environmental
review and inspection services of all of our health related issues. These inspections
include HOA swimming pools, restaurants, school cafeterias, day care food preparations,
and any other place where food is being prepared such as festivals and inside
convenience stores. Additionally they review food preparation facility plans prior to and
during construction to insure health regulation compliance. The City received reports
throughout the year on each inspection made. The 2014 contract amount is $7,488.00
which is an increase of $624 from the 2013 rate. The rate is based on the population
estimates for the City. The attached resolution approves the Interlocal agreement with the
County.
RECOMMENDED ACTION: Approval of Resolution.
y{OUR} HOMETOWN
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 6-e
City Secretary's use only
UOUVICII Agencia
staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 08/06/13
AGENDA SUBJECT: Approve the Nelson Concrete Development Plat.
SUMMARY: The Nelson Concrete Development is located outside the City Limits in
the Extra Territorial Jurisdiction adjacent to the Collin County Outer Loop. A major
thoroughfare shown on the City's Comprehensive Plan is planned to traverse the site as
shown on the development plat. It is anticipated that this thoroughfare will either cross
the outer loop above or below grade. This accounts for why the thoroughfare does not
cross perpendicular to the Outer Loop.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the development plat unanimously at their meeting August 5,
2013.
RECOMMENDED ACTION: Approval
HOMETOWN
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 64
City Secretary's use only
I if
ta Report
Staff Contact: Maurice Schwanke
Date Prepared: 08/06/13
AGENDA SUBJECT: Approve a Resolution abandoning a >.rtility easement on Lot 3,
Block A, Anna Market Center. (Maurice Schwanke)
SUMMARY: The City of Anna purchased part of the South Grayson Water Supply
Corporation several years ago. Many of the lines that were purchased were originally
constructed on tracts with blanket easements. Virtually, what this means is wherever the
water line exists is where the easement is. In the Anna Market Center area (within the
McDonalds Property) such documentation exists for an old water line that is not in use.
1VIcDonalds has contacted the City with the desire to have this encumbrance removed
from the property. The line that is in use is a 12 inch line contained in a specific
easement that has been dedicated to the City by plat. As such the blanket easement is not
require and should be released by the City.
RECOMMENDED ACTION: Approval of the Resolution.
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No.. 6�R
City Secretary's use only
1 •
Reportg NO
tafff el
Staff Contact: Maurice Schwanlce
Date Prepared: 08/06/13
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing
Change Order No. 6 to the contract with Parkscape Construction for the Slayter Creek
Park Phase II Project.
SUMMARY: This change order is for the changing from sprig 419 Bermuda planting for
the ball fields and multi -purpose fields to sod 419 Bermuda. The change is in an effort to
conserve water over the grow in period of the grass. Additionally, a part of this change
order includes the loss of harvested sprigs that were not planted due to the timing of our
water break that curtailed all watering in the City until such time water service was
restored. Also included is one additional ramp and a bollard install. The total cost of this
change order is $110,498.50,
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 flame for the placement of grass sprigs. Change order number 3 added a grass
infield to the baseball field. Change order number 4 added additional concrete trails to
make logical connections to the splash pad, parking lot, tennis court, three picnic table
pads, additional high fencing, and an improved low water crossing. Change order
number 5 added grass sod adjacent to all the trails.
RECOMMENDED ACTION: Approval of the Change Order.
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: n/a
Budgeted Amount: n/a
Item No. 641
City Secretary's use only
Staff Contact: Jessica Perkins
Exhibits: X Yes No
AGENDA SUBJECT: Approval of amendments to the Anna Economic Development
Corporation 2013 Budget. (Jessica Perkins)
SUMMARY: As we come to the end of the fiscal year, staff found one miscalculation in
the current budget. Staff is also requesting to add two projects to this year's budget — 1.
Downtown directional sign 2. Outdoor lights at 312 N Powell. Staff requests to move
funds from the Legal Line item into the Capital Line Item to cover the costs of the
agreement with Nimbix (miscalculation on the remaining funds needed for the fiscal year
of $2300) and to add funds for two projects -- add outdoor lights at 312 N Powell and
erect the downtown directional sign.
This is just a transfer of funds. It will not increase the total budget for the fiscal year.
STAFF RECOMMENDATION: Staff recommends you approve.
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: n/a
Budgeted Amount: n/a
Item No. 6-i
City Secretary's use only
Staff Contact: Jessica Perkins
Exhibits: X_Yes No
AGENDA SUBJECT: Approval of amendments to the Anna Community Development
Corporation 2013 Budget. (Jessica Perkins)
SUMMARY: As we come to the end of the fiscal, staff found two areas of
miscalculation in the current budget. Staff requests to move funds from the Legal Line
item into the contract line item and debt service line items. The debt service was a
miscalculation and there were additional contract services needed related to our audit and
filing of the 990 form.
This is just a transfer of funds. It will not increase the total budget for the fiscal year.
STAFF RECOMMENDATION: Staff recommends you approve.
Item No. 7
City Secretary's use only
!'
♦,, 1 • �.
r
Report
Council Meeting: August 13, 2012 Staff Contact: Clayton Fulton
Account Code #: N/A Date Prepared: 8/08/2013
Budgeted Amount: N/A Exhibits: ❑Yes ❑No
AGENDA SUBJECT: Public Hearing for City Council to hear public comment on the
proposed FY 2013-2414 Budget.
SUMMARY: The City Charter requires a public hearing be conducted prior to the adoption of
the budget. Today, August 13, 2013, at 7:30 p.m. has been named as the date and time for the
official public hearing on the budget.
Council Meeting: 08/13/2013
Account Code #: N/A
Item No. 8
City Secretary's use only
�I DUI V 1:1
I I� ouneu k ge t l
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 08/08/2013
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Proposed Tax Rate for
2013-2014 Fiscal Year.
SUMMARY: Each year after properties are appraised by the Collin Central
Appraisal District the Collin County Tax Office calculates both the effective tax
rate and the rollback. tax rate for the City of Anna as part of the service to collect
taxes for the City. The following definitions are provided from the "2013 Truth in
Taxation Guide" available from the Texas Comptrollers Office:
Effective tax rate The effective tax rate is a calculated rate that would provide
the taxing unit with about the same amount of revenue it received in the year
before on properties taxed in both years. If property values rise, the effective
tax rate will go down and vice versa.
Rollbacke tax rate. The rollback. rate provides the taxing unit with about the
same amount of tax revenue it spent the previous year for day-to-day
operations, plus an extra 8 percent increase for those operations, in addition to
sufficient funds to pay debts in the coming year. If a taxing unit adopts a tax
rate higher than the rollback rate, voters in the taxing unit can circulate a
petition calling for an election to limit the size of the tax increase.
This year the effective tax rate for the City is calculated at $0.606872 per $100
valuation of property. This rate will produce approximately the same amount of
revenue from properties taxed in both years as was collected last year when the tax
rate was $0.650332 per $100 valuation. The effective tax rate is lower than the current
rate because the value of properties taxed in both years has increased.
The proposed budget is supported by a tax rate identical to the current rate
of $0.650332. Since the current tax rate recommended to fund the proposed
Item No. 6
City Secretary's use only
budget exceeds the effective rate, the Council must vote to propose a "tax
increase" at this meeting and set the times and places for the two required public
hearings. The council must vote on a specific tax rate that is the highest rate that can
be adopted after the required public hearings. The Council can adopt any rate
lower than the rate voted on tonight, but not higher. The City must publish two
'1/4 page advertisements in the City's newspaper and a quorum of the Council
must be present to hold the two public hearings before the tax rate can be adopted
which will occur after the budget is adopted.
The Rollback rate this year is $0.654708 per $100 valuation of property. If the
Council adopts a tax rate above the Rollback rate the citizens can petition for a
roll back election to lower the rate adopted to the Rollback rate and that would
delay collection of taxes or require a refund to be paid to each taxpayer.
This year each $0.01 increase in the tax rate generates approximately $43,086
in property taxes.
RECOMMENDED ACTION: Staff recommends that the Council votes to adopt a tax
rate no higher than the current rate of $0.650332 cents per $100 valuation.
a
Council Meeting: August 135 2013
Account Code #: NIA
Budgeted Amount: N/A
Item No. 9
City Secretary's use only
MUCHAgenct
tan
Report
Staff Contact: Clayton Fulton
Date Prepared: 8/8/12
Exhibits: ❑Yes Q No
AGENDA SUBJECT: Consider/Discuss/Action approving a Resolu on setting the date
and time for a Public Hearing on the proposed FY 2013-2014 City'
,,qfAnna Tax Rate.
SUMMARY: Staff recommends that 7:30 p.rn. on August 27, 2013 at the Anna City
Hall be named as the setting, date, and time for the first public hearing on the tax rate and
6*30 p.m. on September 3, 2013 at the Anna City Hall as the setting, date, and time for
the second public hearing on the tax rate.
RECOMMENDATION: Staff recommends that the Council approve the resolution.
GDUa'��
r
It ,in No. 10
City Secretary's use only
i� ' Imz. I I :+
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013 Staff Contact: Clayton Fulton
Account Code #: 10-551-6910
Budgeted Amount: $15,500 Exhibits: � Yes ❑No
AGENDA SUBJECT: Consider/Discuss/Action approving an Orlin ce authorizing a
budget amendment for the expenditure of Police Seizure Funds
SUMMARY: The Police Department seizes monies and properties as contraband
pursuant to Article 59 of the Texas Code of Criminal Procedure. The monies have been
placed into a special fund as required under Article 59 to be used solely for law
enforcement purposes including the purchase of items used by Officers in direct law
enforcement duties. The PD can use any forfeited property, such as vehicles, until such
time as the Chief of Police decides that the item should be sold at auction. Upon being
sold at auction, the proceeds from that auction (minus any auction fees) are to be placed
into the same special fund.
Before expenditures are made from the special fund, a budget for the expenditure of the
proceeds has to be submitted to the Council. That is what is happening at this meeting.
STAFF RECOMMENDATION: Approve the Ordinance.
Loop
u oMUn
I
Item No. 11
City Secretary's use only
t is
PFF
CITY OF AN NA, TEXAS
Council Meeting: August 13, 2013 Staff Contact: Chief Gothard
Account Code #:
Budgeted Amount: Exhibits: 1] Ye, ❑No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Reso ution approving an
Agreement with Collin County for the Provision of Firefightit�nd Fire Protection
Services,
SUMMARY: Collin County utilizes, through agreement, the Anna Fire Department for
all of the Firefighting and Fire Protection service needs that arise in the unincorporated
area of Collin County that are within the response area of the Anna Fire Department,
This Resolution authorizes the City to enter into agreement with Collin County to provide
Firefighting and Fire Protection Services to the unincorporated areas of Collin County
that are inside the designated response area of the Anna Fire Department. The agreement
shall be effective October 1, 2013 and shall continue for an initial term of one year.
The Agreement formalizes what has previously been an informal operational agreement
between the City and Collin County.
STAFF RECOMMENDATION: Approve the agreement for the Provision of
Firefighting and Fire Protection Services.
lam,„.
/J /
Council Meeting: August 13, 2013
Account Code #: NIA
Item No. 12
City Secretary's use only
ily 01 Anna
Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 08/06/13
Budgeted Amount: N/A Exhibits: Y�es ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Res 4,ustion approving a
Subdivision Improvement Agreement for Oak Hollow, Phase 6.
SUMMARY: Oak Hollow Phase 6 located along Taylor Blvd. (County Road Number
367) is currently being rough graded. The adopted procedure for development requires
that developers extend utility lines across their frontages so that subsequent developments
can tie into the system. An eight inch water line would be required to fulfill this
obligation for the Oak Hollow Development. The distance for this line is 744 linear feet.
According to our water master plan that is under development our real need is to have
this line be 12 inches instead of 8 inches. The line would tie into an existing 12 inch
water line that exists to the east. The Developer is willing to do this upgrade if the City is
willing to pay the difference by allowing for an offset in required water improvement fees
required for this development. The attached exhibit shows the cost breakdown between a
12 inch and 8 inch line. The difference is $14,453,78,
RECOMMENDED ACTION: Approval of the Resolution.
V 00
HOMETOWN
Council Meeting: Aul7ust 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 13
City Secretary's use only
L
Agenda
staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 08/06/13
AGENDA SUBJECT: Consider/Discuss/Action approving a Final Plat for Oak Hollow
Phase 6.
SUMMARY: Oalc Hollow Phase 6 final plat contains 28.7 acres of land and 118
residential lots and 2 open space tracts. The open space tracts will be maintained by the
Oak Hollow Home Owners Association. The construction plans for Oak Hollow Phase 6
have been reviewed and approved by the City's Engineer. A Subdivision Improvement
Agreement concerning an upgrade to a water line has been proposed. Any approval of
this plat should be subject to the Agreement being formalized.
Informational Comment:
All fees according to the adopted facilities agreement on this tract are due prior to the
filing of the plat with the County.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the final plat unanimously at their meeting August 5, 2013.
RECOMMENDED ACTION: Approval
I
Item No. 14
City Secretary's use only
Stafff Report
CITY OF ANNA, TEXAS
Council Meeting: Auuust 13, 2013 Staff Contact: Jessica Perkins
Account Code 4: 6735
Budgeted Amount: $20 500 Exhibits: X Yes ❑ No
CONSENT AGENDA SUBJECT: Consider/Discuss/Action regarding passing a
resolution approving an annual sponsorship agreement between the CDC and the Greater
k uid/Chamber of Commerce (Jessica Perkins)
SUMMARY: The EDC and CDC have historically supported the annual events of the
GACC. For the past three years the Corporations have entered into a fiscal year
agreement for sponsorship. The annual agreement has allowed for better planning and
budgeting.
The GACC hosts 5 annual events a year: Glow Fest, Christmas Parade, Awards Banquet,
Golf Tournament, and July 4th Celebration. A couple years ago the corporations decided
to change up the funding to better match the strategies of each corporation. The CDC
Corporation has previously funded the GACC at $20,500 per year. The breakdown of
sponsorship being requested by the CDC per event is below:
Glow Fest — $7500
Christmas Parade — $2500
Annual Banquet — $500
Golf Tournament — $3000
July 4t" Fireworks - $7000
This past year the GACC gathered the following information at each event:
Glow Fest — 4000 attendees
Christmas Parade — 33 parade participant groups
Annual Banquet — 235 attendees
Golf Tournament — 18 teams
July 4t" Fireworks — 2000 attendees
The CDC has approved the FY 2013-2014 agreement with the Chamber that is attached
for your review.
STAFF RECOMMENDATION: Staff recommends you approve the agreement.
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: 6735
Budgeted
Item No. 15
City Secretary's use only
�' � � ' � i1
� � � �
Staff Contact: Jessica Perkins
Exhibits: � Yes ❑ No
CONSENT AGENDA SUBJECT: Consider/Discuss/Action regarding passing a
resolution approving an annual sponsorship agreement between the EDC and the Greater
Ann'Chamber of Commerce (Jessica Perkins)
SUMMARY: The EDC and CDC have historically supported the annual events of the
GACC. For the past three years the Corporations have entered into a fiscal year
agreement for sponsorship. The annual agreement has allowed for better planning and
budgeting.
The GACC hosts 5 annual events a year: Glow Fest, Christmas Parade, Awards Banquet,
Golf Tournament, and July 4th Celebration. A couple years ago the corporations decided
to change up the funding to better match the strategies of each corporation. The EDC
Corporation has previously funded the GACC at $19,500 per year. The breakdown of
sponsorship being requested by the EDC per event is below:
Glow Fest — $7500
Annual Banquet — $5000
July 4th Fireworks - $7000
This past year the GACC gathered the following information at each event:
Glow Fest — 4000 attendees
Annual Banquet — 235 attendees
July 4tl' Fireworks — 2000 attendees
The EDC has approved the FY 2013-2014 agreement with the Chamber that is attached
for your review.
STAFF RECOMMENDATION: Staff recommends you approve the agreement.
��
Item No. 16
City Secretary's use only
Oun 11 g '' I
�( Report
Council Meeting: CLff Contact: City Manager
Account Code #: N/A Date Prepared: 8/8/12
Budgeted Amount: N/A Exhibits: QYe No
AGENDA SUBJECT: Consider/Discuss/Action regarding an a mtment to serve a
two-year term on the Greater Texoma Utility Authority Board of Directors.
SUMMARY: The Greater Texoma Utility Authority (GTUA) is a local political
subdivision of the State and is governed by a Board of Directors. The Authority is a
special -law district organized under Article XVI, Section 59, of the Texas constitution
and operates under Chapter 49 of the Texas Water Code. GTUA member cities include:
Denison, Sherman Anna, Bailey, Collinsville, Ector, Gainesville, Gunter, Howe,
Leonard, Muenster, Pottsboro, Tioga, Tom Bean, Valley View, Van Alstyne, Whitesboro,
and Whitewright.
The Authority operates under the provisions of Chapter 49 of the Texas Water Code. The
Authority has no taxing power, but may incur debt by the issuance of bonds supported by
revenues from the operations it finances. The Authority may enter into contracts to
provide services for member cities and others when requested. The Authority provides its
member cities with assistance in financing and construction of water and wastewater
facilities. The Authority may also be requested to provide operations services for water
and wastewater facilities by member cities and others.
The Authority is governed by a Board of Directors appointed by its member cities. Places
1, 2, and 3 are appointed by the City of Denison. Places 4, 53 and 6 are appointed by the
City of Sherman. The City of Gainesville appoints a member for Place 7, with Place 8
appointed by the City of Anna. Place 9 is appointed by the general law member cities.
Board members serve two-year terms. Half of the Directors are appointed each year so
that the terms overlap. The Board of Directors is responsible for establishing all policies
of the Authority.
Mr. Dick Dowd has served as the City of Anna's appointee to the Greater Texoma Utility
Authority's Board of Directors since December of 2012. Since Board members may not
be an elected member of the governing body of the city they represent, the Council will
need to appoint someone to replace Mr. Dowd on the GTUA Board. The Board typically
meets on the third Monday of each month at 12:00 noon.
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 17
City Secretary's use only
UOUn it Agenda
Reporttaff
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: � Yes ❑ No
CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 5515 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 the purchase, exchange, lease, or value of real property (Tex.i
Gov't Code §551.072); lease of office space; acquisition of utility easement.
ce discuss or deliberate personnel matters: City Secretary Annual Review. (Tex.
Gov't Code §551.074).
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.
r
y{OUR} HOMETOWN
Council Meeting: August 135 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 18
City Secretary's use only
Anna
ity Counciff♦ '.
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for August 13, 2013 Workshop Session or any Closed Session occurring during
this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Council Meeting: August 1312013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
RECOMMENDATION:
P6,6� 1�
,2J
Item No. 19
City Secretary's use only
tan
Report
Staff Contact: Philiu Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
Staff recommends a motion to adjourn.
Y{OUR} HOMETOW 1V
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
August 13, 2013 6:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
August 13, 2013, at the Anna City Hall Administration Building, located at 111 N.
Powell Parkway (Hwy 5), regarding the following items.
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing/Discussion regarding utility rate model update (Clayton Fulton)
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071).
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); lease of office space;
acquisition of utility easement.
c. discuss or deliberate personnel matters: City Secretary Annual
Review. (Tex. Gov't Code §551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and Iegallyjustified 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.
08-1343 CC Workshop Meeting Agenda.doc 1 Posted 08-09-13
i. C01lSld01"(JJIS0LISSiAGtIOtl cell any )WI)IS 11SIeu Oil POSteil agetldtl for i4.LtgLISI 1 *1,
2013 City of Anna City Council Regulae Meeting or any Closed Session
occurring during this Workshop, as nLcossary.
�. Adjourn.
This is to ccrtlfy that 1, �F'lulip Sanders, City Mann,�ei"posted this abenclaat a
place readily iccessihle to the public at the Anna City Hall and oil the City llall
E3tilletin board at or before 5:O0 p.m., August 9, 2013.
Stttljlees, �'ity h9atta�;er
I . The Co_uloil may vr�Cct nnd!or act uppn rzcly oFthe itc�ns listed in this ugendn
2.'1'he C,atnici) [eser�es the riglrt io retire itrtn o�ecuiiti"e session cancerniiigair�arlhu items listed rkt thiti ogcedn, �td�ciset-er it is
consitlarc�l itcc6ss<ri� nail leL,c7ltpjitstilicd t�xler the Open h4e4�irng Act,
3, l'erso IS i471h ti diwiDility' uVha tiunnt to riacad this Inecting imlo nt v mcd nscistuuce: should conlurt tlae �it� Seen 1ar}� ct �72 �21
3325 tab %vorhing does prior to the meeting so that npprnpriute aaangenretits call tic itirule.
{}8.13.13 C'C` Worl:siop Meeting Agenda.doc 2 11(we 108419, 13
Y{OIIR}HOMETOWN
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT
SUMMARY:
RECOMMENDATION:
Call to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑Yes ❑ No
Y{OIIR} HOMETOWN
Council Meeting: August 13I 2013
Account Code #: N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Roll call and establishment of a quorum.
SUMMARY:
RECOMMENDATION:
Y{OIIR} ROMETOWN
Council Meeting: August 133 2012
Account Code #: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 08/08/13
Budgeted Amount: N/A Exhibits: Q Yes ❑ No
AGENDA SUBJECT: Briefing/Discussion regarding utility rate model update
SUMMARY: The City has been working with a consultant to review our utility rates.
Working in concert with staff, the consultant has performed an analysis of our existing
utility rates with regard to a number of variables including projected growth, debt service,
capital projects and the annual budget.
Bob McLain, from McLain Decision Support Systems, will be here to present his
findings and discuss future utility rates and the impact those rates will have upon future
budgets.
Mr. McLain performed the last utility rate study and presented the results of that study to
the City Council in June %J 2012.
RECOMMENDED ACTION: None
HOMETOWN
Council Meeting: August 135 2013
Account Code #: N/A
Budgeted Amount:
G1
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
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).
b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code 9551.072); lease of office space; acquisition of utility easement,
c. discuss or deliberate personnel matters: City Secretary Annual Review. (Tex.
Gov't Code §551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
Council Meeting: August 13, 2013
Account Code #:
Budgeted Amount:
N/A
Item No. 5
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for August 13, 2013 Open Session or any Closed Session occurring during this
Workshop, as necessary.
SUMMARY:
RECOMMENDATION:
Y{OUR} HOMETOWN
Council Meeting: August 13I 2413
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
f.Yi1► i►�%\7�
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.
Y{OUR} HOIVIETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
August 13, 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., August
13, 2013, at the Anna City Hall Administration Building, located at I I I North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Cozrncil. 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 allolved 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 rle 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;
a. Introduction of new Director of Public Works. (City Manager)
5. Administer the Statement of Elected Officer and the Oath of Office and
present Certificate of Election to newly elected officials. (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 Iegallyjustified 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.
08-13-13 CC Regular Meeting Agenda.doc 1 Posted 08-09-13
6. 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 Minutes for July 23, 2013 Regular Meeting
and the July 30, 2013 Special Meeting/Budget Workshop.
b. Review CDC Minutes of May 16, 2013 and June 7, 2013.
c. Review EDC Minutes of May 16, 2013 and June 7, 2013.
d. Resolution approving an inter -local agreement for Environmental
Services with Collin County. (Maurice Schwanke)
e. Approve the Nelson Concrete Addition Development Plat. (Maurice
Schwanke)
£ Approve a Resolution abandoning a utility easement on Lot 3, Block
A, Anna Market Center. (Maurice Schwanke)
g. Approve a Resolution authorizing Change Order No. 6 to the contract
with Parkscape Construction for the Slayter Creek Park Phase II
Project. (Maurice Schwanke)
h. Approve a Resolution approving an EDC Budget Amendment for FY
2013. (Jessica Perkins)
i. Approve a Resolution approving a CDC Budget Amendment for FY
2013. (Jessica Perkins)
7. Public Hearing: City Council will hear public comments on the Proposed City
of Anna FY 2014 Budget. (Clayton Fulton)
8. Consider/Discuss/Action approving a Resolution regarding a Proposed Tax
Rate for Fiscal Year 2013-2014. (Clayton Fulton)
9. Consider/Discuss/Action approving a Resolution setting the date and time for
two Public Hearings on the proposed FY 2013-2014 City of Anna Tax Rate.
(Clayton Fulton)
10. Consider/Discuss/Action approving an Ordinance authorizing a budget
amendment for the expenditure of Police Seizure Funds (Clayton Fulton)
11. Consider/Discuss/Action regarding a Resolution approving an Agreement
with Collin County for the Provision of Firefighting and Fire Protection
Services. (Chief Gothard)
12. Consider/Discuss/Action regarding a Resolution approving a Subdivision
Improvement Agreement for Oak Hollow, Phase 6. (Maurice Schwanke)
13. Consider/Discuss/Action approving a Final Plat for Oak Hollow Phase 6.
(Maurice Schwanke)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-13-13 CC Regular Meeting Agenda.doc 2 Posted 08-09-13
}4. Consider/Discussetton regarding a Resolution approving an annual
sponsorship agreeinent between the CDC and the Greater Anna Chamber of
Commerce (Jessica Perkins)
15, C`.CinZYidel�l iSGUSSrAGtIOn regarding a P.esolution approving Lill auntlal
sponsorship agreement between the EDC and the Greater Anna Chamber of
Commerce (Jessica Perkins)
1 b. ColasidollDiscussiActiaia regarding an appou�tnacnt to serve to two-ye�I' teI`I11
on the Greater Texoma Utility Authority board of Directors. (City Council)
17. C".L.t7SL;1� SIsSSIt:)I�1 (E�C"�,P"}'ICI�IS)� T„Jt�clel` Tex,. CJc�v't Code C�liapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda Mader the following; exceptions;
rt, consult with lcg,�al couusol I'e�III`dirag pending oI• colatelaiplated
litigation sand/or on mutters in which, the duty of tlae attorney to the
governmental body under the Texas Disciplinary Mules of
Professional Conduct of the State Bait of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551,071).
1�. discuss nr clelibel`ate the purchase, exchange, Icasc, ot• valtac of real
property (Tex, Grov't Code §551.072), lease of office space;
acquisition of utility casement,
e. discuss or deliberate personnel mattei"s; City Secretary Annual
Review. (Tex. Gov't Code §551.074).
Tlae ci�I.Incil liu`lher tx�sert�es floe right to elYte.r info executive sessiall at Litt}`
t11I1e thWAIF, ltout kuay dtll.y Itteetint under any a}aplicalilc exceptlull
to the Open lviecatings Act.
11�, Consicle.Ill7yeclsslActiola on any items listed on pasted agenda for August 13,
2013Joilcslaop Session dr any closed session occurring during this Itegulru
Meoting, Lis necessary.
19. Ad;journ.
'Phis is to cartify Hatt I, I'lailil5 Sanders, Cit}1 n�1Galaagel', posted this agzelada at rt
}�lacc readily accessible to the pltblic ai floc Alatla C"itjT I-1<Ill alga on t17e City
Ilall bulletin board at or before, 5.00 pan, August 2013,
Oily tvf�nager
1.'Cir� C'cunYil mad, vc�ic nn�tlor nel uimn ��cit oiilae iteans lists<I in this as_;�nch, '`
�.'t7t4 C_'a7tna4il r�scrs�es the ri�hi tc> t,rtir4. intst sserntative scssinnsn+�c4ndatvniiycarliac it�nrs listctl oar this agenda, lvircncvcr it ie
ca��isirlcred imcc spry noel I+:g21Iy j4asiilied under the Qpcn I�Aeeting Act.
�, Pcrsi)ns a^ilia st �lisntailil}� tubas ��nnt W ,a[tt:nd this meeting who may need assistmacc should contact the City Secrelmy tit 972 924-
3 325 tNvo wvod:inp (Illys prior it) the mecting so that appropriate nrrtmgemeoN can be made,
pSul 3=1 3 C {' Reptrinr Meeting Ape ndA,<lac 3 Posted l)R-f}9-13
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Ili �1►`117�.Y11:�lI5C�II IA
RECOMMENDATION:
Call to order.
Item No. I
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑Yes ❑ No
YiOIIR} HOMETOWN
Council Meeting: August 135 2013
Account Code #: N/A
Budgeted Amount:
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: 8-08-13
Exhibits: ❑Yes
Invocation and Pledge of Allegiance.
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Y{OIIR} HOMETOW N
Council Meeting: August 13, 2013 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 8-08-13
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 rninutes to
speak. The Council is unable to respond to or
during this section that are not on the agenda,
factual information in response to a citizen'
response to the inquiry.
SUMMARY:
RECOMMENDATION:
discuss any issues that are brought ttp
•
other than to make statements of speck
s inyuhy or to recite existing policy in
R�
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount:
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-08-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
or salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or comnrunii�y event organized or sponsored
by an entity other than the governing body that -l-nas 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: August 13, 2013
Account Code #
Budgeted Amount:
1:1
N/A
Item No.S
City Secretaq's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Natha Willcison
Date Prepared: 8-8-13
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 first 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 official, Dick Dowd.
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 6 a-i
Cily Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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 Minutes for July 23, 2013 Regular Meeting
and the July 30, 2013 Special Meeting/Budget Workshop.
b. Review CDC Minutes of May 16, 2013 and June 7, 2013.
c. Review EDC Minutes of May 16, 2013 and June 7, 2013.
d. Resolution approving an inter -local agreement for Environmental
Services with Collin County. (Maurice Schwanke)
e. Approve the Nelson Concrete Addition Development Plat. (Maurice
Schwanke)
f. Approve a Resolution abandoning a utility easement on Lot 3, Block
A, Anna Market Center. (Maurice Schwanke)
g. Approve a Resolution authorizing Change Order No. 6 to the contract
with Parlcscape Construction for the Slayter Creek Park Phase II
Project. (Maurice Schwanke)
h. Approve a Resolution approving an EDC Budget Amendment for FY
2013. (Jessica Perkins)
i. Approve a Resolution approving a CDC Budget Amendment for FY
2013. (Jessica Perkins
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
July 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., July 23, 2013,
at the Anna City Hall Administration Building, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
YT�elcome to the Cit)� Cozrncil 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. Council Member James T.
Cook, Lauren Lovato, Chad Barnes and Nathan Bryan were present. Council
Member John Hopewell was absent.
2. Invocation and Pledge of Allegiance.
Mayor Mike Crist gave the invocation.
3. Citizen comments. Citizens �n•e allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
None
4. Receive reports from Staff or the City Council about items of community
interest. 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.
Mayor Crist mentioned that there would be a Budget Workshop, July 300' at 6:30 pm.
07-23-13 CC Regular Meeting Minutes.doc I 07-23-13
5. Consent Items. These items consist of non -controversial or "liousekeeping"
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 Minutes for July 9, 2013 Regular Meeting.
Council Member Barnes made the motion to approve. Mayor Crist seconded
the motion. Motion passes.
►: 1
ABSTAIN 0
6. Public Hearing: City Council will hear public comments on the 2012
Annual Drinking Water Quality Report (Consumer Confidence Report).
(City Manager)
City Manager, Philip Sanders presented the item. Mayor Crist opened the
public hearing at 7:30 pm. Ann Taylor presented her concerns on growth and
water concerns. Mayor Crist closed the public hearing at 7#38 pm.
7. Presentation of the FY 2014 Budget. (Clayton Fulton)
Clayton Fulton, Director of Finance presented a draft of the proposed FY
2014 budget to council members and answered questions.
8. Consider/Discuss/Action approving a Resolution setting the date and time
fora Public Hearing on the proposed FY 2013-2014 City of Anna Budget.
(Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and
answered questions. Council Member Bryan made the motion to approve.
Council Member Barnes seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAINED 0
9. Consider/Discuss/Action adopting an Ordinance amending the 2013
Fiscal Yeai• Budget. (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 5 NAY 0 ABSTAIN 0
07-23-13 CC Regular Meeting Minutes.doc 2 07-23-13
10. Consider/Discuss/Action adopting an Ordinance amending Part II,
Article 59, Section 2 and 3 of the City of Anna Code of Ordinances,
regarding school zone. (Chief Jenks)
Chief Jenks requested council take no action at this time. Council Member
Cook made the motion to take no action. Mayor Crist seconded the motion.
Motion passes.
AYE 5 NAY 0 ABSTAIN 0
11. Briefing/Discussion regarding the NTMWD Trinity East Fork
Wastewater System and Upper East Fork Wastewater Interceptor
System. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions.
Council did not enter closed session at this time.
12. 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.
13. Consider/Discuss/Action on any items listed on posted agenda for July 23,
2013 Workshop Session or any closed session occurring during this
Regular Meeting, as necessal•y.
Council Member Bryan made the motion to take no action. Council Member
Barnes seconded the motion. Motion passes.
AYE 5
NAY 0
07-23-13 CC Regular Meeting Minutes.doc 3 07-23-13
14. Adjourn,
Council Member Cook made Lite motion to adjourn at 7:52 pin. Council
Member Barnes seconded the motion. Motion passes.
AYE 5
ATTEST:
NAY 0
City Secretary, Natha Wilkison
APPROVED:
Mayor, Milce Crist
07-23-13 CC Regular Meeting Minutes.doc 4 07-23-13
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL
MEETING/BUDGET WORKSHOP
July 30, 2013 6*30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Special Session/Budget Workshop at 6:30
p.m., July 30, 2013, at the Anna City Hall Administration Building, located at I I I North
Powell Parkway (Hwy 5), to consider the following items.
iTrelcome to the CitJ� 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 otder at 6:30 pm.
2. Roll call and establishment of a quorum.
Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, Chad
Barnes and Nathan Bryan were present. Council Member John Hopewell was
absent.
3. Consider/Discuss/Action adopting an Ordinance Canvassing the July 20,
2013 Run-off Election to Fill a Vacancy, Place 6. (City Council)
City Secretary, Natha Wilkison presented the item to council. Council Member
Barnes made the motion to approve. Council Member Lovato seconded the
motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
Public Hearing: To consider public comments on a request by ATC NO.
1 BRGT/LTD, property owners) to amend the "Roads" portion of Section 4
(Design Standards) for the entire Planned Development, change development
standards for 3 areas, and add 50 additional acres into the Planned
Development. The property is currently zoned as Planned Development as
per Ordinance No. 129-2004 and SF-72 Ordinance Number 149-2004.
(Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development presented the item to
council members and answered questions. Mr. Schwanlce introduced Bobby
Samuel with The Skorburg Company. Mr. Samuel gave a presentation of the
project and answered questions from council members. Mayor Crist opened the
07-30-13 CC Special Meeting/Budget Workshop Minutes.doc 1 07-30-13
public hearing at 6:51 pm. There was no public comment. Mayor Crist closed the
public hearing at 6*51 pm.
(b) Consider/Discuss/Action adopting an ordinance amending the existing
planned development zoning, amending the "Roads" portion of Section 4
(Design Standards) for the entire Planned Development, change development
standards for 3 areas, and add 50 additional acres into the Planned
Development. The property is currently zoned as Planned Development as
per Ordinance No. 129-2004 and SF42 Ordinance Number 149-2004.
(Maurice Schwanke)
Mr. Samuels answered questions from council members. Council Member Coolc
made the motion to approve. Council Member Bryan seconded the motion.
Motion passes.
AYE 5 NAY 0 ABSTAIN 0
5. (a) Public Hearing: To consider public comments regarding an ordinance of
the City of Anna, Texas, amending the Anna City Code of Ordinances, by
amending Part III-C, Zoning Ordinance by modifying Screening Elements
and Fences, Section 40.03 (o) (7). (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions. Mayor Crist opened the public hearing at 7*02
in. There was no public comment. Mayor Crist closed the public hearing at 7:02
pm.
(b) Consider/Discuss/Action adopting an ordinance of the City of Anna,
Texas, amending the Anna City Code of Ordinances, by amending at III-C
Zoning, Ordinance by modifying Screening Elements and Fences, Section
40.03 (o) (7). (Maurice Schwanke)
Council Member Barnes made the motion to approve. Council Member Lovato
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
Public Hearing: To consider public comment on a request by
Mohammed Polaui, owner of property, requesting a Specific Use Permit to
host bingo at 2513 N. Powell Pkwy, Suite 400, the subject property. The
property is currently zoned as Restricted Commercial (Cl) zoning. The use
is classified as a Private Event/Meeting Hall Facility. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council. Mr. Schwanlce stated that P & Z recommended denying the SUP and that
staff was also recommending denial of the SUP. Mayor Crist opened the public
07-30-13 CC Special Meeting/Budget Workshop Minutes.doc 2 07-30-13
hearing at 7:OS pm. Misty Mcwhorter spoke against the SUP. Anita Saint Pe
spoke against the SUP. Mayor Crist closed the public hearing at 7*08 pm.
(b) Consider/Discuss/Action adopting an ordinance for a Special Use Permit
to host bingo at 2513 N. Powell Pkwy, Suite 400, the subject property. The
property is currently zoned as Restricted Commercial (Cl) zoning. The use
is classified as a Private/Event/Meeting Hall Facility. (Maurice Schwanke)
City Manager, Philip Sanders stated that since the P & Z recommended denial of
the SUP council would have to have a super majority of council to approve.
Council Member Bryan made the motion to deny. Council Member Barnes
seconded the motion. Motion passes. The SUP is denied.
AYE 5 NAY 0 ABSTAIN 0
7. Consider/Discuss/Action regarding approval of "Anna Crossing PH lA &
1B" preliminary plat. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development present the item to
council and answered questions from council members. Mayor Crist made the
motion to approve subject to comments and staffs memo. Council Member Bryan
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
8. Consider/Discuss/Action regarding approval of "Anna Crossing PH 2A & 2B
preliminary plat. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions from council members. Mayor Crist made the
motion to approve subject to comments and staff memo; and their availability to
come back and apply for a variance. Council Member Bryan seconded the motion.
Motion passes.
AYE 5 NAY 0 ABSTAIN 0
9. Consider/Discuss/Action adopting an Ordinance amending Part II, Article
59, Section 2 and 3 of the City of Anna Code of Ordinances, regarding school
zone. (Chief Jenks)
Chief Jenks presented the item to council and answered questions from council
members. Council Member Barnes made the motion to approve. Council Member
Cook seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
07-30-13 CC special Meeting/Budget Workshop Minutes.doc 3 07-30-13
10. Workshop: The following items/issues will be discussed. No action will be
taken on any item.
i. Discussion regarding 2013Eff Budget.
Clayton Fulton, Director of Finance presented and reviewed the proposed 2013-
2014 FY Budget. Mr. Fulton answered questions about the budget from council
members.
Council Member Cook made the motion to enter closed session at 8:13 pm.
Council Member Barnes seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
(a) consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071);
discussion regarding Redden Concrete, Inc. contract; discussion
regarding Water Splash, Inc. contract.
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 Bryan made the motion to return to open session at 8:24 pm.
Council Member Barnes seconded the motion. Motion passes.Mf
AYE 5
ABSTAIN 0
12. Consider/Discuss/Action on any items listed on posted agenda for July 30,
2013 Special Session or any closed session occur•rirrg during this Special
Meeting, as necessary.
Mayor Crist made the motion to take no action. Council Member Bryan seconded
the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
07-30-13 CC Special Meeting/Budget Workshop Minutes.doc 4 07-30-13
13. Adjourn,
Council Member Cook made the motion to adjourn at 8:25 pm. Council Member
Bryan seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Willcison, City Secretary
07-30-13 CC Special Meeting/Budget Workshop Minutes.doc 5
Milce Crist, Mayor
07-30-13
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: n/a
Budgeted Amount. n/a
Item No. 6-b
City Secretaq's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Exhibits: �t Yes ❑ No
CONSENT AGENDA SUBJECT: Review CDC Minutes for May 16, 2013 and June 7,
2013. (Jessica Perkins)
SUMMARY: The CDC minutes are attached for your review.
STAFF RECOMMENDATION: n/a.
N11
ill ly
ill'i1fiVOL I Wfi Q ZLTJ ;I W9j:jjTjj;jjj I JL RONINIM
NEW
Anna Community Development CorporationCity of Anna met at 5:00
p.m., on May 16, 2013, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Jason Focht, President, called the meeting to order at 5:31 p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Connie Stump, Duane Hayes, Alonzo Tutson,
and Jason Focht.
Directors absence were: Sarah Jones, John Houcek, and Sherilyn Godfrey.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
Clark McCoy, Esq., attorney for CDC.
3. Invocation and Pledge.
4. Discussion and update on canopies at Slayter Creek Park.
The installation of the canopies was attempted about 2 weeks ago. When
installed the largest canopy was rubbing the top of the playground equipment.
The company thinks one of the poles is too short. They are looking over their
plans and will propose a solution soon.
5. ConsiderlDiscuss/Action regarding approving the minutes from March 7,
After pointing out a typo in the opening paragraph, 1-913 to " 20'13," Duane
Hayes made a motion to accept the minutes. Alonzo Tutson seconded the
motion. Motion passed.
6. Discussion regarding the fiscal year budget.
An amended budget dated 3113/2013, was included in the meeting packet.
Jessica Perkins reviewed the changes made by staff.
I. The Corporation may vote fllld/Or act upon each of OrthC 1lCmS IlSied 111 1hIS agenda.
2. 'rhe CorEx�ration reserves the right to retire into executive session concerning any oi'the items listed on this agenda,
whenever it is considered nccessa)y and legally justified under the Open ivteeting Act.
3. Persons with a disability who want to attend this meeting %vlio may need assistance should contact the office orthe
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
0516-2013 Special CDC Minutes.doc 1
7. Adjourn.
Duane Hayes made a motion to adjourn the meeting. Alonzo Tutson seconded
the motion. Motion carried and the meeting adjourned at 5:38 p.m.
APPROVED:
John Houcek
Vice -President of CDC
Secretary of
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any ofthe items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-16-2013 Special CDC Minutes.doc 2
effit"BERIM
f tT N( 1_CiP;,it`t`�T
Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00
p.m., on June 7, 2013, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
John Houcek, Vice -President, called the meeting to order at 5:08 p.m., and after
roll call and the establishment of a quorum, the following items were presented to
the Directors for their consideration.
2. Rol{ Call and Establishment of Quorum.
Directors in attendance were: Connje Stump, Alonzo Tucson, John Houcek and
Sherilyn Godfrey.
Directors absence were: Sarah Jones and Duane Hayes.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
Clark McCoy, Esq., attorney for CDC.
3. Invocations and Pledge.
John Houcek gave the invocation and led the Board members in the Pledge of
Allegiance.
4. Consider/Discuss/Action regarding accepting Sarah Jones and Jason
Focht's resignations from the Board.
Jessica Perkins presented the resignations of Sarah Jones and Jason Focht,
Sherilyn Godfrey made a motion to accept the resignation of the above -
referenced individuals. Alonzo Tutson seconded the motion. Motion passed.
I. 'nc� Corporation may vote and/ar act upon each ofthe items listed in this agenda.
2. The CorE�oration reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary turd legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
06-07-2013 Special CDC Minutes.doc 1
5. Consider/Discuss/Action regarding appointing a president for the CDC
Board.
In light of Jason Focht's resignation, a new president for the CDC needs to be
elected. The floor was opened for nominations. John Houcek nominated himself
for the position. And since there were no other nominations, the floor was
closed. Connie Stump made a motion to elect John Houcek for this position.
Alonzo Tutson seconded the motion. Motion passed.
6. Discussion and update on phase 11 Slayter Creek Park.
The splash pad will not be open for the July 4'� celebration because the concrete
has just been poured and it needs to cure. A fence will be installed around the
splash pad and playground as a safety measure. Other improvements will be
made within the coming months as the Phase 11 project unfolds.
7. Consider/Discuss/Action regarding approving the minutes from May 16,
2013.
8. Consider/Discuss/Action regarding fiscal year 2013-2014 budget.
A proposed budget was provided in the meeting packet. Jessica Perkins
estimates that the CDC will receive approx. $250,000 from sales tax proceeds.
Sherilyn Godfrey made a motion to accept the budget as presented. Alonzo
Tutson seconded the motion. Motion passed.
9. Adjourn.
Connie Stump made a motion to adjourn the meeting. Alonzo Tutson seconded
the motion. Motion carried and the meeting adjourned at 5:30 p.m.
APPROVED:
John Houcek
President of CDC
1. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
06-07-2013 Special CDC Minutes.doc 2
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: n/a
Item No. 6-c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Budgeted Amount: n/a Exhibits: �C Yes ❑ No
CONSENT AGENDA SUBJECT: Review EDC Minutes fot• May 16, 2013 and June 7,
2013. (Jessica Perkins)
SUMMARY: The EDC minutes are attached for your review.
STAFF RECOMMENDATION: n/a.
Thursday, nnay 16, 20'i3
u.ONI? OriJT10[
Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.,
on May 16, 2013, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Connie Stump, President, called the meeting to order at 5:00 p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Connie Stump, Duane Hayes, Alonzo Tutson,
and Jason Focht.
Directors absence were: Sarah Jones, John Houcek, and Sherilyn Godfrey.
A quorum was declared present and the floor was open for business.
Others in attendance were: Mac Hendricks, a guest; Jessica Perkins, Chief
Administrative Officer; and Clark McCoy, Esq., attorney for CDC.
3. Introduction and presentation by Mac Hendricks about land for safe in
Anna.
Mr. Hendricks was an invited guest who asked to speak to the Board with respect
to seventy-five (75) acres of family -owned land that is situated in the middle of
Anna. Mr. Hendricks was aware at the time of his presentation that the EDC
board does not have any funds available to purchase the land, but wanted the
City of Anna to be aware of the property and have the first opportunity to
purchase it.
4. Discussion and update regarding Nimbix agreement, location, and official
grand opening.
Nimbix was able to come to terms with Mr. Smith regarding the building on 4tn
street. Nimbix moved in a few weeks ago and is hosting an official grand
opening May 30, 2013.
1. The Corporation may vote andlor act upon each of the items listed in this agenda.
2. 'fhe Corporation reserves the right to retire into executive session cnncarning tuty of the items listed on this agenda,
Fihenevcr it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-16-2013 Special EDC Minutes.doc 1
5. Discussion and update regarding the Realtor Tour.
Approx. forty (40) realtors attended the luncheon at the Hurricane Country Club
and a tour of Anna before or after the luncheon. An article was placed in the local
newspaper that included Jessica Perkins' picture. The staff has received many
compliments.
6. Consider/Discuss/Action regarding passing a resolution to approve
expenses to construct bollards in front of the gas meter at 312 N. Powell
Parkway.
Jessica Perkins spoke to this matter. After the discussion, Jason Focht made a
motion to adopt the resolution approving the expenditure of funds to construct
bollards in front of the gas meter at 312 N. Powell, and authorizing the CAO to
charge the EDC's contract services account, in the amount, not to exceed,
$1,000.00. Alonzo Tutson seconded the motion. Motion passed.
7. Consider/Discuss/Action regarding passing a resolution to approve travel
expenses for the 2013 Texas City Management Annual Convention from
June 20th thru 23rdM
Jessica Perkins was asked by the City Manager to attend and speak at the
Annual Texas City Management Association that is being held in San Marcus,
Texas.
After a brief discussion regarding the costs associated with the travel and
accommodations necessary to attend, a motion was made by Jason Focht to
adopt the resolution and authorize Jessica Perkins to attend the conference in
San Marcus, Texas, for the purpose of promoting the economic development in
the City of Anna as well as to make purchases for necessary expenses on behalf
of the EDC. Alonzo Tutson seconded the motion. Motion passed.
8. Consider and discussion improvements to exterior light and the faucet at
312 N. Powell Parkway.
Our tenant, Image Vision, has brought two issues to the attention of staff. The
first issue concerns the parking lot that is very dark at night due to the lack of
lighting. The second issue concerns the faucet in the kitchenette sink that does
not have a regular faucet head. Presently, the tenant only has an ADA compliant
faucet for filling the mop bucket and water shoot out everywhere. The tenant
would like a regular faucet head to be installed to better control the water and
lights along the north side of the building for safety and security. The board
directed staff to gather quotes for these items and present at a later date.
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
05.16.2013 Special EDC Minutes.doc 2
9. Consider/Discuss/Action regarding approving the minutes from March it
2013.
After pointing out a typo in the opening paragraph, to " 2013, Jason Focht
made a motion to accept the minutes as written. Alonzo Tutson seconded the
motion.
10. Adjourn.
Duane Hayes made a motion to adjourn the meeting. Alonzo Tutson seconded
the motion. Motion carried and the meeting adjourned at 5:31 p.m.
Constance Ann Stump
President of EDC
Sherilyn C
Secretary
1. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-16-2013 Special EOC Minutes.doc 3
=�jrLAM - � • rY 4 1 Lei- •- -•-A Lei
Friday, June 7, 20�3
,a�rxr�r
Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.,
on June 7, 2013, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Connie Stump, President, called the meeting to order at 5:30 p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Connie Stump, Alonzo Tucson, John Houcek and
Sherilyn Godfrey.
Directors absence were: Sarah Jones and Duane Hayes.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
Clark McCoy, Esq., attorney for EDC.
3. Consider/Discuss/Action regarding accepting Sarah Jones and Jason
1=a%O ' resignation from the Board.
Jessica Perkins presented the resignations of Sarah Jones and Jason Focht.
John Houcek made a motion to accept the resignations of the above -referenced
individuals. Alonzo Tucson seconded the motion. Motion passed.
4. Consider and discuss erecting a brick kiosk style directional sign in the
downtown.
Staff has met with restaurant owners in the downtown area to discuss erecting a
brick, monument style directional sign. Restaurant owners on 4th street are
particularly interested. Staff is suggesting that the EDC pay to erect the structure
and then charge a fee for the businesses to have a directional panel on the sign.
Staff will begin to collect cost estimates for design and construction. Staffs best
guess for the cost is approx. $5000 to $7000.
1. 'rhe Corporation may vote andlor act upon each of the items listed in this agenda.
2. The Corporation rserves the right to refire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Infecting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary Felt 72 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
06-07-2013 Special EDC Minutes.doc 1
5. Consider/Discuss/Action regarding approving the minutes from May 161
2013.
Tabled.
6. Discussion regarding the fiscal year budget.
A proposed budget was provided in the meeting packet. Jessica Perkins
estimated that the city will receive approx. $250,000 from sales tax revenues.
John Houcek made a motion to accept the budget as presented. Alonzo Tutson
seconded the motion. Motion passed.
7. Adjourn.
Shetilyn Godfrey made a motion to adjourn the meeting. Alonzo Tutson
seconded the motion. Motion carried and the meeting adjourned at 5:42 p.m.
APPROVED:
Constance Ann Stump
President of EDC
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
06-07-2013 Special EDC Minutes.doc 2
Item No.6-d
City Secretary's use only
City of Anna
City Council Agenda
an Report
Council Meeting: August 13, 2013 Staff Contact: Maurice Schwanke
Account Code #: N/A Date Prepared: 08/06/13
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Resolution approving a ILA for Environmental Services with
Collin County,
SUMMARY: The City has been contracting out to Collin County our environmental
review and inspection services of all of our health related issues. These inspections
include HOA swimming pools, restaurants, school cafeterias, day care food preparations,
and any other place where food is being prepared such as festivals and inside
convenience stores. Additionally they review food preparation facility plans prior to and
during construction to insure health regulation compliance. The City received reports
throughout the year on each inspection made. The 2014 contract amount is $7,488.00
which is an increase of $624 from the 2013 rate. The rate is based on the population
estimates for the City. The attached resolution approves the Interlocal agreement with the
County.
RECOMMENDED ACTION: Approval of Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN
COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to perform
governmental functions and services under the terms of the Act; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has approved the
Interlocal Agreement between Collin County and the City of Anna ("Agreement") concerning
the provision of Environmental Services; and
WHEREAS, the City Council has determined that the Agreement with Collin County, Texas
(the "County") will benefit the residents of both the County and the City of Anna, Texas (the
"City"); and
WHEREAS, the City Council has determined that it is in the best interest of the City and its
citizens to authorize, ratify and approve the City Manager's execution of said Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2.
The City of Anna City Council hereby approves the Agreement, attached hereto as EXHIBIT
1, incorporated herein for all purposes and authorizes the City Manager to execute same on
its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t"day of
August, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
City Secretary
PAGE 1 OF 1
COLLIN COUNTY
July 12, 2013
City of Anna
Attn: City Secretary
111 N. Powell Pkwy
P.O. Box 776
Anna, TX 75409
Re: Interlocal Agreementfor Environmental Services
To Whom It May Concern:
Office of the Purchasing Agent
2300 Bloomdale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
Please find the enclosed Interlocal Agreement for Environmental Services for the period beginning
October 1, 2013 and continuing through and including September 30, 2014.
The charge for environmental services performed by the County for FY2014 will be $7,488.00. This
amount is determined by the most recent North Texas Council of Governments population
projection of 9,360 citizens x $.80 per inhabitant.
Please sign the enclosed Interlocal Agreement and return all copies to the Collin County Purchasing
Department no later than August 16, 2013.
Upon completion, one (1) fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at (972) 548-4103 or Metro (972)
424-1460, ext. 4103.
Sincerely,
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c: file
INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES
THIS AGREEMENT is entered into on the day of by and between the City of Anna
("MUNICIPALITY") and Collin County ("COUNTY"), local governments of the State of Texas.
WITNESSETH
WHEREAS, The County operates Collin County Development Services, which is a local health department
established pursuant to the Local Public Health Reorganization Act, Chapter 121, Texas Health and
Safety Code ("The Act"); and
WHEREAS, Collin County Development Services performs public health functions that the County is
authorized to perform including, but not limited to, environmental services to protect and promote
public health; and
WHEREAS, The Municipality desires to obtain certain environmental services from the County to be
performed for Municipality's residents to their health and welfare; and
WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes
Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the
"Constitution") specifically authorizes counties and other political subdivisions comprised or located
within the county, to contract with one another for the performance of governmental functions and/or
services required or authorized by the Constitution, or the laws of this State, under the terms and
conditions prescribed in the Act; and
WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set
out herein, are governmental functions and/or services contemplated by the terms of the Act and are
functions and/or services which each of the parties hereto have independent authority to pursue,
notwithstanding this Agreement; and
WHEREAS, both the county and the political subdivision named herein are desirous of entering into this
Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective
governing bodies approving this Agreement which are attached hereto and made a part hereof.
NOW, THEREFOR, This AGREEMENT is hereby made and entered into by and between Collin County,
Texas, a political subdivision of the State of Texas, and the City of Anna, a political subdivision of the
State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this
Agreement consists of the mutual covenants contained herein, as well as any monetary consideration,
which may be stated herein. This agreement is as follows, to wit:
I. DEFINITIONS
1.1 Environmental Services: The term "Environmental Services" means Services provided by Collin
County Development Services. These services shall include, but are not limited to:
A. inspections of day care facilities
B. inspections of restaurants, schools and other food service facilities
C. inspections of public swimming pools
D. inspections of hotels and motels
E, inspections of bed and breakfast establishments
F. investigating any other environmental health complaints
G. investigating complaints related to the activities listed in A-E above
1.2 Inspection: The term "Inspection" means an on -site examination to determine whether the
facility being inspected is in compliance with the Municipality's Standards.
1.3 Municipality Standards: The term "Municipality Standards" means state and local ordinances
and regulations that have been adopted by the Municipality which are applicable to the facility being
I
nspected.
II. TERM
2.1 Term: The term of this Agreement shall commence on the 1st day of October, 2013, and shall
continue in full force and effect for a period of one (1) year. At the County's option, and with
approval by the Municipality, the Agreement may be renewed for five (5) additional one (1) year
periods,
2.2 Termination: Either party may terminate this Agreement by giving ninety (90) days written
notice to the other party.
III. SERVICES
3.1 Services to be Provided: The County agrees to provide to the Municipality's residents, on behalf
of the Municipality, the Environmental Service or services required for the enforcement of state
ordinances and regulations.
3.2 Time of Performance: The County agrees to perform the services required by the Municipality
under this Agreement, within three (3) working days of receipt of any complaint or request by
the Municipality. Provided however, the Municipality may request emergency inspections at
their sole discretion and the County agrees to inspect accordingly. The applicant must request of
the Municipality an inspection as defined in accordance with the City of Anna Food Service
and/or Retail Food Store Ordinance as it exists or may be amended.
3.3 Notification to Municipality The County agrees to notify the Municipality in writing on report
forms provided by the Municipality of the results of the County's inspection within five (5j
working days of the inspection.
IV. NONEXCLUSIVITY OF SERVICE PROVISIONS
The parties agree that the County may contract to perform services similar or identical to those
specified on this Agreement for such additional governmental or public entities as the County, in its sole
discretion sees fit.
V. COMPENSATION
5,1 Basic Charge: The Municipality shall pay the County a yearly Basic Charge calculated as $.80
per each inhabitant of the Municipality as determined by the most recent North Texas Council of
Government population projections for the services to be performed under this Agreement.
This amount shall be due each year regardless of the amount of services performed by the
County. The Basic Charge shall be paid by the Municipality each year in four (4) equal
quarterly installments. The first installment shall be due on October 1, 2013. The remaining
installments shall be due at three (3) month intervals from the date of execution of this
Agreement and when the County submits an invoice to the City for the amount due.
5,1.1 Initial Charge: The initial charge for services beginning October 1, 2013 and continuing
through and including September 30, 2013 shall be $7,488.00 payable to Collin County in
quarterly installments. This figure represents a population number of 9,360 inhabitants X $.80
per inhabitant.
5,1.2 Future Charges: Future charges shall be submitted to the Municipality in the form of a
contract amendment and will detail the population number used to formulate the charge for
services,
5,2 Inspection Charge: In addition to the Basic Charge set out in Section 5.1, an Inspection Charge
in an amount determined by the Collin County Commissioners' Court shall be collected by the
County from the person receiving the services for each inspection performed by the County
under the terms of this Agreement. The County shall bill the person receiving the service for the
Inspection Charge. The Municipality shall be exempt from all charges made pursuant to this
section.
5.3 Source of Payment: The Municipality agrees that payments which it is required to make under
this Agreement shall be made out of the Municipality's current revenues,
5.4 Issuance of Permits; The Municipality and County agree that requests for services under this
Agreement shall be made by the business or property owners. Complaints received by the
Municipality shall also be referred to the County for services. The Municipality may further
request inspections on its own initiative.
VI. CIVIL LIABILITY
Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of
the County, except as herein provided. The parties agree that the County shall be acting as an
independent contractor for the Municipality in performing services contemplated by this Agreement.
The County shall hold the Municipality free and harmless from any obligation, costs, claims, judgments,
attorney's fees, attachments, and other such liabilities arising from or growing out of the services
rendered to the Municipality pursuant to the terms of this Agreement or in any way connected with the
rendering of said services, except when the same shall arise because of the willful misconduct or
negligence of the Municipality.
VII. AMENDMENT
This Agreement shall not be amended or moed other than in written agreement signed by the
parties.
VIII. CONTROLLING LAW
This Agreement shall be deemed to be made under, governed by, and construed in accordance with the
laws of the State of Texas. Venue shall be in Collin County, Texas.
IX. NOTICES
10.1 Form of Notice: Unless otherwise specified, all communications provided for in this Agreement
shall be in writing and shall be deemed delivered, whether actually received or not, seventy-two (72)
hours after deposit in the United States mail, first class, registered or certified, return receipt requested,
with proper postage prepaid or immediately when delivered in person.
10.2 Addresses: All communication provided for in this Agreement shall be addressed as follows:
(A) If to the County, to:
Collin County Development Services
4690 Community Ave, Ste. 200
McKinney, Texas 75071
(B) If to Municipality, to:
City of Anna
111 N. Powell Parkway
PO Box 776
Anna, TX 75409-0776
Or such person at such address as may from time to time be specified in a notice given as provided in
this Section 10. In addition, Notice of Termination of this Agreement by the Municipality shall be
provided by the Municipality to the County Judge of Collin County as follows:
The Honorable Keith Self
Collin County Judge
Jack Hatchell Administration Building
2300 Bloomdale Rd, Ste, 4192
McKinney, Texas 75071
X. CAPTIONS
The heading to the various sections of the Agreement have been inserted for convenient reference only
and shall not modify, define, limit, or expand the express provision of this Agreement
XI. OBLIGATION OF CONDITION
All obligations of each party under this Agreement are conditions to further performance of the other
party's continued performance of its obligation under the Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterparts, each which shall be deemed an original for all
purposes.
X111. SOVEREIGN IMMUNITY
The parties agree that no party has waived its sovereign immunity by entering into and performing their
respective obligations under this Agreement.
XIV. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT
The County and the Municipality have the exclusive right to bring suit to enforce this Agreement, and no
other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement.
XV, PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior
understanding of written or oral agreements between the parties requesting the services to be provided
under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
"COUNTY"
COLLIN COUNTY, TEXAS
BY:
TITLE:
DATE:
Attested by:
"MUNICIPALITY"
CITY OF ANNA, TEXAS
TITLE:
DATE:
Attested by:
Title: Title:
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 6-e
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 08/06/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve the Nelson Concrete Development Plat.
SUMMARY: The Nelson Concrete Development is located outside the City Limits in
the Extra Territorial Jurisdiction adjacent to the Collin County Outer Loop. A major
thoroughfare shown on the City's Comprehensive Plan is planned to traverse the site as
shown on the development plat. It is anticipated that this thoroughfare will either cross
the outer loop above or below grade. This accounts for why the thoroughfare does not
cross perpendicular to the Outer Loop.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the development plat unanimously at their meeting August 5,
2013.
RECOMMENDED ACTION: Approval
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Council Meeting: August 13, 2013
Account Code #:
N/A
Item No. 64
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 08/06/13
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution abandoning a utility easement on Lot 3,
Block A, Anna Market Center. (Maurice Schwanke)
SUMMARY: The City of Anna purchased part of the South Grayson Water Supply
Corporation several years ago. Many of the lines that were purchased were originally
constructed on tracts with blanket easements. Virtually, what this means is wherever the
water line exists is where the easement is. In the Anna Market Center area (within the
McDonalds Property) such documentation exists for an old water line that is not in use.
McDonalds has contacted the City with the desire to have this encumbrance removed
from the property. The line that is in use is a 12 inch line contained in a specific
easement that has been dedicated to the City by plat. As such the blanket easement is not
require and should be released by the City.
RECOMMENDED ACTION: Approval of the Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE PARTIAL RELEASE OF A WATER PIPELINE BLANKET
EASEMENT WITHIN LOT 3, BLOCK A OF THE ANNA MARKET CENTER FINAL PLAT
WHEREAS, from time to time water lines are abandoned or relocated into new easements
and old easements may become unnecessary; and
WHEREAS, a water line within Lot A, Block B of the Anna Market Center Plat is no longer in
use and has been abandoned and a new water line constructed in a different location placed
in a dedicated easement; and
WHEREAS, the City Council has determined that it is in the best interest of the City and its
citizens to release the blanket easement and authorize the City Manager's execution of said
Release;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2.
The City of Anna City Council hereby approves the Release, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same on its
behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t"day of
August, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
City Secretary
PAGE 1 OF 1
PARTIAL RELEASE OF WATER PIPELINE EASEMENT AND RIGHT OF WAY
State of Texas §
County of Collin §
KNOW ALL MEN BY THESE PRESENTS, that the City of Anna, Texas, ("City") forever
discharges and releases all interest in the easement and right of way described as: a water
pipeline easement and right of way recorded in Volume 709, Page 898 of the deed records of
Collin County ("Discharged Easement"); provided, however, that the City's discharge and
release of its interest in the Discharged Easement shall be solely for the portion of the
Discharged Easement that is located on and across a 1.184 acre tract of land in Collin County,
Texas, being further described as Lot 3, Block A on the Final Plat for Anna Market Center (the
'Property"), said final plat having been recorded in the deed records of Collin County on June
181 2008, bearing instrument no. 20080618010002250 (the "Final Plat").
PROVIDED, HOWEVER, THE CITY RESERVES AND LEAVES UNDISTURBED AND DOES
NOT DISCHARGE OR RELEASE any easements, rights of way, or other interests it may hold
with respect to the Property to the extent such easements, rights of way and/or other interests
are depicted in the above -referenced Final Plat. The City shall further retain in perpetuity all
rights relating to any and all easements, rights of way, ownership and control over public
improvements, and/or other interests the City may hold with respect to the Property that are
separate and apart from the Discharged Easement.
IN WITNESS WHEREOF, the City of Anna or its authorized representative has executed this
instrument this day of , 2013.
City of Anna's Address:
P.O. Box 776
Anna, TX 75409
City of Anna, by Philip Sanders
This instrument was acknowledged and signed by PHILIP SANDERS, who is known to me, for
the purposes recited above before the undersigned on the day of
2013.
Notary Seal
Notary Public, State of Texas
i
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No.. 6—g
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 08/06/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing
Change Order No. 6 to the contract with Parkscape Construction for the Slayter Creek
Park Phase II Project.
SUMMARY: This change order is for the changing from sprig 419 Bermuda planting for
the ball fields and multi -purpose fields to sod 419 Bermuda. The change is in an effort to
conserve water over the grow in period of the grass. Additionally, a part of this change
order includes the loss of harvested sprigs that were not planted due to the timing of our
water break that curtailed all watering in the City until such time water service was
restored. Also included is one additional ramp and a bollard install. The total cost of this
change order is $110,498.50.
Attached is a detailed spreadsheet with costs of the various elements. As a summary
change order It was the original reduction in Lite 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. Change order number 4 added additional concrete trails to
make logical connections to the splash pad, parking lot, tennis court, three picnic table
pads, additional high fencing, and an improved low water crossing. Change order
number 5 added grass sod adjacent to all the trails.
RECOMMENDED ACTION: Approval of the Change Order.
CITY OF ANNA, TEXAS
1117CWI►WIR war
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. 6 TO THE CONTRACT WITH PARKSCAPE CONSTRUCTION INC,
FOR SLAYTER CREEK PARK PHASE 11.
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 the need to use sod
instead of sprigs on the sports fields at Slayter Creek Park, a trail ramp, bollard install and the
cost of these changes (Change Order No. 6) will be $110,498.50, and;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Change Order No. 6.
The City Council hereby approves Change Order 6 with Parkscape Construction Inc.,
attached hereto as Exhibit 1 and Exhibit 2 respectively; and authorizes, ratifies and
approves the City Manager's execution of same. The City Manager is hereby authorized to
execute all documents and to take all other actions necessary to finalize, act under, and
enforce the Change Orders.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of August, 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
I III 1 is
A I ■, 'M:
Date of -7/1812013
Effective
Date* 711812013
Owner.of
Projects. Creek. 11
Contract changes are approved as follows.
Description !- •- from T419 sprigs
to T419 sod.
Reason for Change Order: Request from owner due to water
main break, water
availability, • establishment
Table detailing the description of the changes.
CONTRACTAttachments:
Contract Amount including Add/Alternates:
PreviousOriginal
Net Increase from
II962566II
Contract Price Prior to this Change Order:
100
Net Increase/DecreaseIncrease/Decrease of .- Order:
i - •: i
- A Ii• . -.I B 0.- • •-
••
i City of Anna, TX Parkscape Construction, Inc.
City of Anna, Texas
No.
Description of Scope Change
Cost
I
Credit 419 Sprigs for Ball Fields
($ 18,598.86)
I B
Add 419 Sod for Bat) Melds
$ 124,878.06
2
Grass Delivered/Not Installed
$ 3,399.30
3
Handicap Ramps Additional
$ 685*00
_
4
Bollard Install
$ 135.00
TOTAL
$ 110,498.50
Item No. 6-h
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X_Yes _ No
AGENDA SUBJECT: Approval of amendments to the Anna Economic Development
Corporation 2013 Budget. (Jessica Perkins)
SUMMARY: As we come to the end of the fiscal year, staff found one miscalculation in
the current budget. Staff is also requesting to add two projects to this year's budget — 1.
Downtown directional sign 2. Outdoor lights at 312 N Powell. Staff requests to move
funds from the Legal Line item into the Capital Line Item to cover the costs of the
agreement with Nimbix (miscalculation on the remaining funds needed for the fiscal year
of $2300) and to add fiends for two projects -- add outdoor lights at 312 N Powell and
erect the downtown directional sign.
This is just a transfer of funds. It will not increase the total budget for the fiscal year.
STAFF RECOMMENDATION: Staff recommends you approve.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AUTHORIZING AND APPROVING THE ANNA ECONOMIC DEVELOPMENT
CORPORATIONS' REQUEST FOR A BUDGET AMMENDMENT
WHEREAS, the City of Anna intends to allow and approve a budget amendment to the
Anna EDC's current 2012-2013 fiscal year budget;
WHEREAS, the City Council of the City of Anna has determined that the reallocation of
funds is the best use of the EDC's funds;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Amend Budget
The City Council of the City of Anna hereby approves the Anna EDC's budget
amendment request.
PASSED AND APPROVED by the City Council of the City of Anna this day of
. 2013
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT EDC 90-826E 826
CORPORATION
DETAILS
ORIGINAL
PROPOSED
LINE ITEMS
BUDGET
AMENDMENT#1
AMENDMENT&
2012-2013
2013
6208
OFFICE SUPPLIES
- $1,250
$1,250
$1250
6209
OTHER SUPPLIES -MISC.
$1500
$1,500
$1,500
6210
CLOTHING SUPPLIES
$300
$300
$300
6212
POSTAGE
$75
$75
$75
SUPPLIES
$3,125
$3,125
$3,125
6703
CONTRACT SERVICES
$71,350
$71,350
77850
6711
TRAVEL EXPENSE
$7,500
$7,500
$7,500
6721
EDUCATION & TRAINING
$4,200
$4,200
$4,200
6722
INSURANCE- PROPERTY & LIABILITY
$800
$800
$800
6735
PROMOTION EXPENSE
$25,000
$25,000
$25,000
6753
LEGAL EXPENSE
$13,500
$13,500
4500
6761
DUES, PUBLICATIONS, PERMITS & LICENSES
$1,175
$1,175
$1,175
6782
CITY UTILITIES WATER/SEWER/TRASH
$1,000
$1,000
$1,000
6783
TELEPHONES - PAGERS
$0
$0
$0
6789
DEBT -SERVICE PRINCIPAL
$63,449
$63,449
63449
6790
INTEREST EXPENSE
$26,563
$26,563
$26,563
6799
OTHER SERVICES - MISC.
$0
$0
$0
SERVICES
$214,537
$214,537
212037
6931 LAND &IMPROVEMENTS
6941 OTHER CAPITAL EXPENDITURES
CAPITAL EXPENDITURES
TOTAL 826
$O
$34,000
$34,000 ``$114,0001
$251,662 $331,662
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code 4. n/a
Budgeted Amount: n/a
Item No. 6-i
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Exhibits: _X_Yes No
AGENDA SUBJECT: Approval of amendments to the Anna Community Development
Corporation 2013 Budget. (Jessica Perkins)
SUMMARY: As we come to the end of the fiscal, staff found two areas of
miscalculation in the current budget. Staff requests to move funds from the Legal Line
item into the contract line item and debt service line items. The debt service was a
miscalculation and there were additional contract services needed related to our audit and
filing of the 990 form.
This is just a transfer of funds. It will not increase the total budget for the fiscal year.
STAFF RECOMMENDATION: Staff recommends you approve.
CITY OF NNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AUTHORIZING AND APPROVING THE ANNA COMMUNITY DEVELOPMENT
CORPORATIONS' REQUEST FOR A BUDGET AMMENDMENT
WHEREAS, the City of Anna intends to allow and approve a budget amendment to the
Anna CDC's current 2012-2013 fiscal year budget;
WHEREAS, the City Council of the City of Anna has determined that the reallocation of
funds is the best use of the CDC's funds;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Amend Budget
The City Council of the City of Anna hereby approves the Anna CDC's budget
amendment request.
PASSED AND APPROVED by the City Council of the City of Anna this
, 2013
IGT�Z�111 ��ii
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
day of
City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
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y{OUR} ROMETOWN
Council Meeting: August 135 2012
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT
I_1
Item No. 7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 8/08/2013
Exhibits: ❑Yes ❑No
Public Hearing for City Council to hear public comment on the
proposed FY 2013-2014 Budget.
SUMMARY: The City Charter requires a public hearing be conducted prior to the adoption of
the budget. Today, August 13, 2013, at 7#30 p.m. has been named as the date and time for the
official public hearing on the budget.
Y{OIIR? ROMETOWN
Council Meeting: 08/13/2013
Account Code #: N/A
Budgeted Amount:
Item No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 08/08/2013
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Proposed Tax Rate for
2013-2014 Fiscal Year.
SUMMARY: Each year after properties are appraised by the Collin Central
Appraisal District the Collin County Tax Office calculates both the effective tax
rate and the rollback tax rate for the City of Anna as part of the service to collect
taxes for the City. The following definitions are provided from the "2013 Truth in
Taxation Guide" available from the Texas Comptrollers Office:
Effective tax rate The effective tax rate is a calculated rate that would provide
the taxing unit with about the same amount of revenue it received in the year
before on properties taxed in both years. If property values rise, the effective
tax rate will go down and vice versa.
Rollback tax rate. The rollback rate provides the taxing unit with about the
same amount of tax revenue it spent the previous year for day-to-day
operations, plus an extra 8 percent increase for those operations, in addition to
sufficient funds to pay debts in the coming year. If a taxing unit adopts a tax
rate higher than the rollback rate, voters in the taxing unit can circulate a
petition calling for an election to limit the size of the tax increase.
This year the effective tax rate for the City is calculated at $0.606872 per $100
valuation of property. This rate will produce approximately the same amount of
revenue from properties taxed in both years as was collected last year when the tax
rate was $0.650332 per $100 valuation. The effective tax rate is lower than the current
rate because the value of properties taxed in both years has increased.
The_ proposed budget is supported by a tax rate identical to the current rate
of $0.650332. Since the current tax rate recommended to fund the proposed
Item No. 8
City Secretary's use only
budget exceeds the effective rate, the Council must vote to propose a "tax
increase" at this meeting and set the times and places for the two required public
hearings. The council must vote on a specific tax rate that is the highest rate that can
be adopted after the required public hearings. The Council can adopt any rate
lower than the rate voted on tonight, but not higher. The City must publish two
' 1 /4 page advertisements in the City's newspaper and a quorum of the Council
must be present to hold the two public hearings before the tax rate can be adopted
which will occur after the budget is adopted.
The Rollback rate this year is $0.654708 per $100 valuation of property. If the
Council adopts a tax rate above the Rollback rate the citizens can petition for a
roll back election to lower the rate adopted to the Rollback rate and that would
delay collection of taxes or require a refund to be paid to each taxpayer.
This year each $0.01 increase in the tax rate generates approximately $43,086
in property taxes.
RECOMMENDED ACTION: Staff recommends that the Council votes to adopt a tax
rate no higher than the current rate of $0.650332 cents per $100 valuation.
CITY OF NNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE MAXIMUM TAX RATE
THE COUNCIL MAY ADOPT FOR THE 2013 TAX YEAR
WHEREAS, The Constitution for the State of Texas (the "State") sets out the general
requirements for truth4 taxation provisions requiring political subdivisions of the State to
inform citizens in their jurisdiction of changes in the property tax rate;
WHEREAS, The City of Anna, Texas (the "City") is a political subdivision of the State and is
therefore subject to laws of the State;
WHEREAS, Section 7.19 of the City Home Rule Charter (the "Charter") states the City has
power to levy, assess, and collect taxes of every character and type for any municipal
purpose not prohibited by state of federal law;
WHEREAS, The City Council (the "Council") wishes to establish a maximum tax rate it may
adopt;
WHEREAS, The Council wishes not to exceed the current tax rate;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Proposal of a maximum tax rate by the City of Anna
The City Council hereby proposes that the maximum tax rate to adopted by the City shall not
exceed the current rate of $0.650332 per $100 of valuation.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of
August, 2013.
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 8/8/12
Exhibits: ❑Yes Q No
AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution setting the date
and time for a Public Heating on the proposed FY 2013-2014 City of Anna Tax Rate.
SUMMARY: Staff recommends that 7:30 p.m. on August 27, 2013 at the Anna City
Hall be named as the setting, date, and time for the first public hearing on the tax rate and
6:30 p.m. on September 3, 2013 at the Anna City Hall as the setting, date, and time for
the second public hearing on the tax rate.
RECOMMENDATION: Staff recommends that the Council approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE DATE AND PLACE
OF A PUBLIC HEARINGS ON THE 2013 AD VALOREM TAX RATE
WHEREAS, Texas Tax Code § 26.05(d) states that the governing body of a taxing unit
may not adopt a tax rate that exceeds the lower of the effective rate and rollback rate
until the governing body of the taxing unit has held two public hearings on the proposed
tax rate
WHEREAS, the City Council has voted to propose maximum ad valorem tax rate of
$0.650332
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Date of Public Hearing and Publication of Notice
The Council hereby sets August 27, 2013 at 7:30 p.m. and September 3, 2013 at 6:30
p.m. as the dates and times for the public hearings on the 2013 Tax Rate, said hearings
to be held in the City Council Chambers of the Municipal Building located at 111 Na
Powell Parkway in Anna, Texas. The Council further directs that notice of the time and
place of the public hearings be published in the official newspaper of the City as
required in Section 7.05 of the Charter and in accordance with the State of Texas Tax
Code.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th
day of August, 2012.
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
Res. PAGE 1 OF 1 08-13-13
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: 10-551-6910
Budgeted Amount: $15,500
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Clayton Fulton
Exhibits: ❑x Yes ❑No
AGENDA SUBJECT: Consider/Discuss/Action approving an Ordinance authorizing a
budget amendment for the expenditure of Police Seizure Funds
SUMMARY: The Police Department seizes monies and properties as contraband
pursuant to Article 59 of the Texas Code of Criminal Procedure. The monies have been
placed into a special fiend as required under Article 59 to be used solely for law
enforcement purposes including the purchase of items used by Officers in direct law
enforcement duties. The PD can use any forfeited property, such as vehicles, until such
time as the Chief of Police decides that the item should be sold at auction. Upon being
sold at auction, the proceeds from that auction (minus any auction fees) are to be placed
into the same special fund.
Before expenditures are made from the special fined, a budget for the expenditure of the
proceeds has to be submitted to the Council. That is what is happening at this meeting.
STAFF RECOMMENDATION: Approve the Ordinance.
CITY OF ANNA
C�I�7IU_1i'[�3�i•[�a
AN ORDINANCE AMENDING ORDINANCE NO. 592-2012 ADOPTING THE BUDGET
FOR THE 2012-2013 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on September 4, 2012, the City Council of the City of Anna, Texas ("City
Council"), after a duly noticed public hearing as required under Texas Local Gov't Code
§102.106, and in accordance with applicable provisions of the City of Anna, Texas
Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and
expenditures for the 2012-2013 fiscal year; and
WHEREAS, the City is authorized to make this budget amendment by majority vote of
the City Council under Section 7.09 of the Charter; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
City of Anna, by authority of Article 59 of the Texas Code of Criminal Procedure,
maintains a special fund for forfeited contraband monies from cases filed by the Police
Department; and
WHEREAS, those funds are to be used solely for law enforcement purposes; and
WHEREAS, the proceeds awarded by the Court under Article 59 may be spent by the
agency after a budget has been presented to the City Council even though this budget
need not be detailed to the point that the security of an investigation be placed in
danger; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
SECTION 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this ordinance for all purposes and are
adopted as a part of the judgment and findings of the City Council with respect to the
budget amendments described herein.
SECTION 2. The City Council of the City officially finds, determines, and declares that
the City of Anna 2012-2013 fiscal year budget is hereby amended with respect to its
General Fund (Fund No. 10), as set forth in the original budget adopted under
Ordinance No. 592-2012 by replacing the information regarding said funds with the
information relating to said funds set forth in the attached Exhibit A, incorporated herein
for all purposes.
SECTION 4. upon adoption and execution of this ordinance, the City Secretary is
directed to attach same and its exhibits to the original City of Anna 2012-2013 fiscal
year budget in all places where said budget is filed as of public record or posted for
public inspection.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance shall be held to be invalidthe remainder of this ordinance and the ,
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this ordinance would have been
enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this ordinance is adopted was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at such meeting, including
this ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 13�d day of
August, 2013.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison
Mayor, Mike Crist
I_w
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #:_
Budgeted Amount.
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Gothard
Exhibits: � Yes ❑No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an
Agreement with Collin County for the Provision of Firefighting and Fire Protection
Services,
SUMMARY: Collin County utilizes, through agreement, the Anna Fire Department for
all of the Firefighting and Fire Protection service needs that arise in the unincorporated
area of Collin County that are within the response area of the Anna Fire Department.
This Resolution authorizes the City to enter into agreement with Collin County to provide
Firefighting and Fire Protection Services to the unincorporated areas of Collin County
that are inside the designated response area of the Anna Fire Department. The agreement
shall be effective October 1, 2013 and shall continue for an initial term of one year.
The Agreement formalizes what has previously been an informal operational agreement
between the City and Collin County.
STAFF RECOMMENDATION: Approve the agreement for the Provision of
Firefighting and Fire P><•otection Se><•vices.
CITY OF ANNA, TEXAS
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AGREEMENT WITH
COLLIN COUNTY FOR THE PROVISION OF FIREFIGHTING AND FIRE PROTECTION
SERVICES
WHEREAS, Collin County (the "County") is a duly organized political subdivision of the State
of Texas engaged in the administration of county government and related services for the
benefit of the residents of Collin County, Texas; and
WHEREAS, the City of Anna, Texas (the "City") is a municipal corporation, duly organized
and operating under the laws of the State of Texas and engaged in the provision of fire
protection and firefighting services and related services; and
WHEREAS, the City is the owner and operator of certain fire protection vehicles, fire
suppression equipment and other equipment designed for the extinguishing of fire and
prevention of damage to property and injury to persons from fire and works with or employs
trained personnel whose duties are related to the use of such vehicles and equipment; and
WHEREAS, the County desires to obtain firefighting and fire protection services from the City
for the benefit of an area of the county that is located outside the corporate limits of the City;
and
WHEREAS, the County and the City mutually desire that the City should continue to provide
firefighting and fire protection services to the citizens of the City's assigned fire district that is
located outside the City's corporate limits; 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 and Authorization of Agreement.
The City Council of the City of Anna, Texas hereby approves the Agreement for the
Provision of Firefighting and Fire Protection Services attached hereto as Exhibit 1, and
authorizes, ratifies and approves the City Manager's execution of same. The City Manager
is hereby authorized to execute all documents and to take all other actions necessary to
finalize, act under and enforce the Agreement.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED by the City Council of the City of Anna, Texas, on this 13'" day of August 2013,
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
CITY OF ANNA §
COUNTY OF COLLIN §
AGREEMENT FOR THE PROVISION OF FIREFIGHTING AND FIRE PROTECTION
SERVICES
Pursuant to the authority granted by Texas Local Government Code, Chapter 352, Collin
County, Texas, a political subdivision of the State of Texas (hereinafter referred to as
"COUNTY") and the City of Anna, Texas (hereinafter referred to as "AGENCY"), (and jointly
referred to as "Parties") in consideration of the premises and mutual promises contained herein,
agree as follows:
DC4 II III IG
WHEREAS, the COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit
of the residents of Collin County, Texas; and
WHEREAS, AGENCY is a municipal corporation or nonprofit corporation, duly
organized and operating under the laws of the State of Texas and engaged in the provision of
fire protection and firefighting services and related services; and
WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles,
fire suppression equipment and other equipment designed for the extinguishing of fire and
prevention of damage to property and injury to persons from fire and works with or
employs trained personnel whose duties are related to the use of such vehicles and
equipment; and
WHEREAS, COUNTY desires to obtain firefighting and fire protection services from
AGENCY for the benefit of an area of the county that is located outside the municipalities in
the County; and
WHEREAS, COUNTY and AGENCY mutually desire that AGENCY should
continue to provide firefighting and fire protection services to the citizens of AGENCY'S
assigned fire district that is located outside the municipalities in the County; and
NOW, THEREFORE, in consideration of the above recitals, the mutual promises that
follow and other good and valuable consideration, the receipt and legal sufficiency of which are
hereby acknowledged, the Parties do hereby agree as follows:
I. Incorporation of Recitals. The above recitals, having been found by the Parties to be
true and correct in all respects are incorporated into this Agreement by reference.
II. Obligations and Responsibilities of AGENCY
Page 1 of 5
2.1 AGENCY shall provide firefighting services, fire protection services, and related
services within its fire district as assigned by Collin County and agreed to by AGENCY.
A map of the fire district assigned to AGENCY by Collin County is appended hereto as
"Exhibit A" and is incorporated with this Agreement for all purposes.
2.2 AGENCY shall maintain records of response to emergency calls, including but
not limited to date, time, location of emergency, type of emergency, time to respond, and
results. AGENCY shall provide up-to-date response data to COUNTY within 30 days of
request by COUNTY.
2.3 AGENCY agrees to respond to the Collin County Fire Marshall requests for
information and will use best efforts to work with the Collin County Fire Marshall to
cooperate and coordinate firefighting and fire protection activities.
2.4 If AGENCY is a nonprofit corporation, AGENCY agrees to maintain its corporate
status in good standing with all federal, state, and local rules and regulations applicable to
a non-profit corporation. AGENCY shall notify COUNTY if its corporate authority is
canceled, terminated, or otherwise lapses.
2.5 AGENCY warrants and promises that it will respond to emergency calls with
appropriate equipment and sufficient trained personnel as needed to appropriately address
the emergency situation. AGENCY further warrants and promises that it will mandate
appropriate training of all personnel and ensure proper certification of all firefighter staff.
2.6 AGENCY warrants and promises that it shall maintain general liability insurance
in amounts as are reasonable and customary for firefighting agencies similar to
AGENCY. AGENCY shall provide proof of liability insurance to COUNTY at the
beginning of each term of this Agreement and upon request by Collin County.
III. Obligations and Responsibilities of COUNTY.
3.1 COUNTY shall pay a yearly fee to AGENCY according to the following
formulas: (1) $750,000 divided by the total number of persons living in COUNTY's
unincorporated areas, as computed by the COUNTY's GIS Department, multiplied by the
specific population of the unincorporated area of the AGENCY's fire district as assigned
by Collin County; and (2) $200,000 divided by the total square miles of COUNTY's
unincorporated area multiplied by the total square miles of the unincorporated area of the
AGENCY's fire district as assigned by Collin County.
3.2 COUNTY shall pay the yearly fee calculated Linder the formula stated in
paragraph 3.1 in semi-annual installments to AGENCY. The first payment to be paid
within a reasonable time after COUNTY has approved said fees in COUNTY's yearly
budget adopted in September of each year, and the second installment to be paid six
months after the first payment to AGENCY. In accordance with Texas Local
Government Code chapter 352, such payments will be made from COUNTY's general
fund and all payments referenced under this Agreement shall be paid from current funds.
Page 2 of 5
IV.
V.
3.3 COUNTY will recalculate the payment formula stated in paragraph 3.1 each year
during the term of this Agreement, including each renewal term. The formula stated in
paragraph 3.1 is not a guarantee of any specific payment and AGENCY acknowledges
that any payments are subject to budgeted appropriations approved by COUNTY's
governing board.
Effective Date, Term and Termination.
4.1 The effective date of this Agreement shall be the 1st day of October, 2013,
("Effective Date"), regardless of when this Agreement is executed by the Parties'
authorized representatives.
4.2 The term of this Agreement shall begin on the Effective Date, and shall continue
for an initial term of one year. This Agreement shall automatically renew for successive
one year terms unless the Agreement is terminated or cancelled by either Party as
provided by this Agreement.
4.3 Either Party may terminate this Agreement, with or without cause, before the end
of the then current term by providing the other Party with thirty (30) days written notice
of termination. In the event of termination under this section, COUNTY and AGENCY
agree to pay for or reimburse the other Party for overpayment or under payment to the
termination date.
4.4 No appropriation. Notwithstanding paragraph 4.3, if sufficient fiords are not
appropriated by COUNTY to fiend this Agreement in any fiscal year an event of no
appropriation shall be deemed to have occurred and the Agreement shall automatically
terminate upon the last date of the term of the Agreement for which funds budgeted for
this Agreement have been appropriated. In no event shall COUNTY be obligated to
make any payments under this Agreement beyond the then current fiscal year of
COUNTY for which fiends have been appropriated to satisfy its payment obligations
under this Agreement.
Miscellaneous
5.1 Notices. Any notice required under this Agreement shall be sent to the
following:
To COUNTY:
Collin County, Texas
Attn: County Judge, Keith Self
2300 Bloomdale Rd.
McKinney, TX 75071
To AGENCY
City of Am1a
Attno City Manager
305 South Powell
Anna, TX 75049
5.2 Authority and Enforceability. The Parties represent and warrant that this
Agreement has been approved and or adopted by the Parties' authorized representatives
Page 3 of 5
and that the individual executing this Agreement on behalf of each Party has been duly
authorized to do so. Each Party acknowledges and agrees that this Agreement is binding
upon such Party and enforceable against such Party in accordance with its terms and
conditions.
5.3 Entire Agreement; Severability. This Agreement contains the entire agreement
between the Parties and this Agreement supersedes any prior oral or written
understandings and agreements. This Agreement shall not be modified or amended
except in writing signed by the Parties. The invalidity, in whole or in part, of any
paragraph of this Agreement shall not affect the validity of the remainder of the
Agreement or paragraph.
5.4 Governing Law. This Agreement shall be governed by the laws of Texas. Any
litigation in any way relating to this Agreement shall be brought in State court in Collin
County, Texas.
5.5 Non Waiver. Any failure by a Party to insist upon strict performance by another
Party of any material provision of this Agreement shall not be deemed a waiver thereof,
and the Party shall have the right at any time thereafter to insist upon strict performance
of any and all provisions of this Agreement. No provision of this Agreement may be
waived except by writing signed by the Party waiving such provision. Any waiver shall
be limited to the specific purposes for which it is given. No waiver by any Party of any
term or condition of this Agreement shall be deemed or construed to be a waiver of any
other term or condition or subsequent waiver of the same term or condition.
5.6 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and
may only be enforced by, the Parties. —No other person or entity shall have any right,
title, or interest under this Agreement or otherwise be deemed to be a third -party
beneficiary of this Agreement.
5.7 Counterparts. This Agreement Mn be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
5.8 Further Documents. Each Party shall, upon request of the other Party, execute
and deliver such fiu•ther documents and perform such fin•ther acts as may reasonably be
requested to effectuate the terms of this Agreement and achieve the intent of the Parties.
5.9 Dispute Resolution. The Parties agree to use alternative dispute resolution,
including mediation to resolve any conflicts which may arise under this Agreement.
5.10 Authority. The undersigned officers of the Parties by executing said document,
acknowledge that they and/or their respective governing bodies have reviewed and
approved this Agreement in full compliance with their respective bylaws, policies and the
laws of the State of Texas. The persons executing this Agreement represent and warrant
Page 4 of 5
they possess the requisite authority to do so on behalf of the persons and entities set forth
below.
In WITNESS WHEREOF; the parties hereto have executed this Agreement in multiple
counterparts, each of which shall be deemed an original on the dates reflected below.
COUNTY
Collin County, Texas
County Judge, Keith Self
Acting on behalf and by Authority
Of the Collin County Commissioners
I
ATTEST:
Stacey Kemp, County Cleric
Page 5 of 5
AGENCY
City of Anna, Texas
City Manager, Philip Sanders
Title
Date
ATTEST:
City Secretary, Natha Wilkison
EXHIBIT A
MAP OF AGENCY FIRE DISTRICT
Council Meeting: August 13, 2013
Account Code #: N/A
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 08/06/13
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a
Subdivision Improvement Agreement for Oak Hollow, Phase 6.
SUMMARY: Oak Hollow Phase 6 located along Taylor Blvd. (County Road Number
367) is currently being rough graded. The adopted procedure for development requires
that developers extend utility lines across their frontages so that subsequent developments
can tie into the system. An eight inch water line would be required to fulfill this
obligation for the Oak Hollow Development. The distance for this line is 744 linear feet.
According to our water master plan that is under development our real need is to have
this line be 12 inches instead of 8 inches. The line would tie into an existing 12 inch
water line that exists to the east. The Developer is willing to do this upgrade if the City is
willing to pay the difference by allowing for an offset in required water improvement fees
required for this development. The attached exhibit shows the cost breakdown between a
12 inch and 8 inch line. The difference is $14,453.78.
RECOMMENDED ACTION: Approval of the Resolution.
CITY OF NNA, 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 A
SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES.
WHEREAS, it is in the best interest of the City and Private Developers in order to provide for
orderly development to make subdivision improvement agreements; and
WHEREAS, during the course of construction City Staff has identified a need to upgrade a
water line, and;
WHEREAS, the difference in cost of water line between 8 inch and 12 inch for a distance of
744 linear feet should not exceed $14,453.78, 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 Subdivision improvement agreement
The City Council hereby authorizes the City Manager's to execute all documents in regard
to the Subdivision Improvement Agreement,
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day
of August, 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement (this "Agreement") is entered into between the City
of Anna, Texas, a home -rule municipality (the "City") and LGI Homes — Oak Hollow Phase 6, LLC,
a Delaware Company ("Owner"). The term "Owner" includes all owners of the Property, and
each of the owners of the Property are jointly and severally bound to the obligations of the
"Owner" under this Agreement.
WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the
"Parties," or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement, and shall supersede any previous
agreement between the Parties and City Regulations only to the extent that any such
agreements or City Regulations directly conflict with the terms of this Agreement; and
WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the
"Property") in Collin County, Texas, which is composed of approximately 28.7 acres of land
located entirely within the corporate limits of the City of Anna and is more particularly and
separately or jointly described in the attached Exhibit A; and,
WHEREAS, the City has previously approved an agreement related to the Development of the
Property (the "Facilities Agreement") attached hereto as Exhibit Be and,
WHEREAS, the City and Owner desire to amend said Facilities Agreement as it relates to the
Property and certain Water Facilities to be constructed by Owner and certain Water Capital
Improvement Fees to be paid to the City; and,
WHEREAS, Owner represents and warrants to the City that at least insofar as relates to the
Property, Owner has acquired through purchase, assignment, or otherwise all of the rights,
benefits, and obligations of "Developer" as set forth in Section 10 of the Facilities Agreement
and that with respect to said Facilities Agreement as relates to the Property, only Owner and no
other person or entity is: (1) entitled to all of the rights and benefits thereto; and (2) bound to
perform all of the obligations arising thereunder; and,
WHEREAS, the foregoing paragraph is a material representation and warranty by Owner
without which the City would not have entered into this Agreement; and,
WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are
primarily for the benefit of the Property; and,
WHEREAS, Owner understands and acknowledges that acceptance of this Agreement is not an
exaction or a concession demanded by the City but rather is an undertaking of Owner's
voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit
Owner's development of the Property;
SUBDIVISION IMPROVEMENT AGREEMENT Page 1 1
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Agreement and said recitals constitute representations by Owner and
the City.
SECTION 2 DEFINITIONS
City Code means The Anna City Code of Ordinances.
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and
other policies duly adopted by the City.
Development means the new residential development on the Property that is the subject of
this Agreement.
Public Improvements) means the Water Facilities.
Water Capital Improvement Fees means the development fees described in Section 1(a) of the
Facilities Agreement; to the extent such fees relate to or are applicable to Development of the
Property.
Water Facilities means the CR 367 Water Line to be constructed by Owner as described and
depicted in Exhibit C, attached hereto, and in accordance with design/construction plans to be
approved by the City.
SECTION 3 GENERAL PROVISIONS
(a) Facilities Agreement Amended. The Parties agree that the Facilities Agreement attached
hereto as Exhibit B is hereby amended to the extent necessary to incorporate in the
Facilities Agreement the Parties' obligations in Section 4 of this Agreement. To the extent of
any conflict between this Agreement and the Facilities Agreement, this Agreement shall
govern.
(b) Performance Bond, Payment Bond and Other Security. For each construction contract for
any part of the Water Facilities, Owner or Owner's contractor must execute a performance
bond in favor of the City and a payment bond for the construction and work covered by
those contracts, which bonds shall be in accordance with Texas Government Code, Chapter
2253 and applicable City Regulations. For each construction contract for any part of the
Water Facilities, Owner or Owner's contractor further must execute a Maintenance Bond in
accordance with applicable City Regulations that guarantee the costs of any repairs which
SUBDIVISION IMPROVEMENT AGREEMENT Page 12
may become necessary to any part of the construction work performed in connection with
the Water Facilities, arising from defective workmanship or materials used therein, for a full
period of two years from the date of final acceptance of the Water Facilities constructed
under such contract.
(c) Acceptance of Public Improvements and Withholding of Services. It shall not be a breach or
violation of the Agreement if the City withholds City services of any type that it is obligated
to provide under this Agreement or otherwise obligated to provide until the required Water
Facilities are properly constructed according to the approved engineering plans and City
Regulations, and until such Water Facilities are dedicated to and accepted by the City. From
and after the inspection and acceptance by the City of the Water Facilities, such
improvements and dedications shall be owned by the City. Owner's sole remedy for
nonperformance of this Agreement by the City shall be to seek specific performance of the
terms of this Agreement. This Agreement does not waive any rights or immunities
otherwise existing under law unless expressly set forth herein and the Parties understand
and agree that this Agreement is not one for the provision of goods or services to the City
by Owner or any other person.
(d) Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or
representative, of any plans, designs or specifications submitted by Owner pursuant to this
Agreement or pursuant to City Regulations shall not constitute or be deemed to be a
release of the responsibility and liability of Owner, his engineer, employees, officers or
agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability
by the City for any defect in the design and specifications prepared by Owner's engineer, his
officers, agents, servants or employees, it being the intent of the parties that approval by
the City's engineer signifies the City's approval on only the general design concept of the
improvements to be constructed.
(e) Insurance. Owner or its contractors) shall acquire and maintain, during the period of time
when any of the Public Improvements are under construction (and until the full and final
completion of the Public Improvements and acceptance thereof by the City: (a) workers
compensation insurance in the amount required by law; and (b) commercial general liability
insurance including personal injury liability, premises operations liability, and contractual
liability, covering, but not limited to, the liability assumed under any indemnification
provisions of this Agreement, with limits of liability for bodily injury, death and property
damage of not less than $1,000,000.00, whichever is greater. Coverage must be on an "per
occurrence" basis. Such insurance shall also cover any and all claims which might arise out
of the Public Improvement construction contracts, whether by Owner, a contractor,
subcontractor, material man, or otherwise. All such insurance shall: (i) be issued by a carrier
which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in
the State of Texas; and (ii) name the City as an additional insured and contain a waiver of
subrogation endorsement in favor of the City. Upon the execution of Public Improvement
SUBDIVISION IMPROVEMENT AGREEMENT Page � 3
construction contracts, Owner shall provide to the City certificates of insurance evidencing
such insurance coverage together with the declaration of such policies, along with the
endorsement naming the City as an additional insured. Each such policy shall provide that,
at least 30 days prior to the cancellation, non -renewal or modification of the same, the City
shall receive written notice of such cancellation, non -renewal or modification.
(f) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND
DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF
ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL
ACTS OR OMISSIONS OF OWNER, ITS AGENTS, SERVANTS, CONTRACTORS,
SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN,
CONSTRUCTION OR INSTALLATION OF THE PUBLIC IMPROVEMENTS, INCLUDING BUT NOT
LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE
TERM OF THIS AGREEMENT, THE OWNER FURTHER COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR
SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THIS AGREEMENT TO THE EXTENT SUCH CLAIMS OR SUITS: (1) ARISE IN ANY
WAY FROM THE CITY'S RELIANCE ON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; OR
(2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH OWNERSHIP OF THE PROPERTY OR ASSIGNMENT OF THE FACILITIES
AGREEMENT.
(g) Relationship of Parties. At no time shall the city have any control over or charge of the
Owner's design, construction or installation of any of the public improvements that are the
subject of this agreement, nor the means, methods, techniques, sequences or procedures
utilized for said design, construction or installation. There is no joint enterprise between the
City and Owner.
SECTION 4 WATER FACILITIES
(a) Owner Obligations. Within two (2) years of the Effective Date, Owner agrees to complete in
a good and workmanlike manner construction of the Water Facilities. If Owner fails to fully
complete construction of the Water Facilities in said manner within two years of the
Effective Date of this Agreement, then the City's obligations under Section 4(b) shall
terminate and Owner shall not be entitled to the credit described therein.
(b) City Obligations. City agrees that the Water Capital Improvement Fees owed to the City by
Owner when the final plat of the subdivision of the Property is recorded, as described in
SUBDIVISION IMPROVEMENT AGREEMENT Page � 4
Section 1(a) of the Facilities Agreement, shall be partially credited in the amount of
$14,45338.
SECTION 5 EFFECTIVE DATE
The Effective Date of this Agreement is the date that the last of the Parties' signatures to
this Agreement is fully and properly affixed to this Agreement and acknowledged by a
public notary. The City's duties and obligations hereunder shall not arise unless and until
the City Council has duly adopted this Agreement and Owner has duly executed same.
SECTION 6 SUCCESSORS AND ASSIGNS
a) All obligations and covenants of Owner under this Agreement shall constitute covenants
running with the land, and shall bind Owner and each successive owner of all of any
portion of the Property; provided, however, the terms of this Agreement shall (i) not be
binding on the owner of any residence that is purchased by such owner from a
homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any
mortgagee who finances or refinances residences constructed on the Property.
b) Without limiting the generality of the foregoing, and except as otherwise provided in
this paragraph, Owner has the right (from time to time upon delivery of 21 days' prior
written note to the City) to assign this Agreement, in whole or in part, and including any
obligation, right, title, or interest of Owner under this Agreement, to any person or
entity (an "Assignee") that is or will become an owner of any portion of the Property or
that is an entity that is controlled by or under common control with Owner.
Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in
part, to Cl" Assignee if the City, after action by the City Council (which action shall be
considered by the City in good faith based upon financial and performance criteria, and
which action shall not be unreasonably withheld, conditioned or delayed), notifies
Owner within 14 days of receipt of the written notice required by this Section 6(b) that
such Assignee fails to satisfy the City's financial and performance criteria. If the City
provides such notice to Owner then the Parties, within 14 days of such notice, shall
mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such
mediator shall be paid equally by the Parties. The mediator's determination shall be
binding on the Parties. If a Party refuses to mediate, then the decision of the Party
willing to mediate shall be binding.
c) Each assignment shall be in writing executed by Owner and the Assignee and shall
obligate the Assignee to be bound by this Agreement to the extent this Agreement
applies or relates to the obligations, rights, title, or interests being assigned. From and
after such assignment, the City agrees to look solely to the Assignee for the
performance of all obligations assigned to the Assignee and agrees that Owner shall be
released from subsequently performing the assigned obligations and from any liability
that results from the Assignee's failure to perform the assigned obligations, provided,
SUBDIVISION IMPROVEMENT AGREEMENT Page 15
however, Owner shall not be released until the City receives an executed copy of such
assignment. Further, no assignment by Owner shall release Owner from any liability
that resulted from an act or omission by Owner that occurred prior to the effective date
of the assignment unless the City approves the release in writing. Owner shall maintain
written records of all assignments made by Owner to Assignees, including a copy of each
executed assignment and the Assignee's Notice information as required by this
Agreement, and, upon written request from any Party or Assignee, shall provide a copy
of such records to the requesting person or entity.
SECTION 7 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the parties hereto, and each party hereby certifies to the other that
any necessary resolutions or other act extending such authority have been duly passed and
are now in full force and effect.
(b) Notice. All notices, demands or other communications required or provided hereunder shall
be in writing and shall be deemed to have been given on the earlier to occur of actual
receipt or three (3) days after the same are deposited in the United States mail, certified or
registered, postage prepaid, return receipt requested, addressed to the parties at the
addresses set forth below or at such other addresses as such parties may designate by
written notice to the other parties in accordance with this notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Owner: LGI Homes -Oak Hollow Phase 6, LLC
1450 Lake Robbins Drive
Suite 430
The Woodlands, Texas 77380
(c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties
and cannot be varied or terminated except as set forth in this Agreement, or by written
agreement of the Parties amending the terms of this Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
SUBDIVISION IMPROVEMENT AGREEMENT Page � 6
(e) SeyerabllltY• If any clause, paragraph, section or portion of this Agreement shall be found to
be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement
shall remain in full force and effect and the parties shall be deemed to have contracted as if
said clause, section, paragraph or portion had not been in the Agreement inally.
(f) Representation. Each signatory representing this Agreement has been read by the party for
which this Agreement is executed and that such Party has had an opportunity to confer with
its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either
Party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such Party's right thereafter to enforce and compel strict compliance
of the Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties
hereto. The language of all parts of this Agreement shall be construed as a whole according
to its fair meaning, and any presumption or principle that the language herein is to be
construed against any Party shall not apply. Headings in this Agreement are for the
convenience of the Parties and are not intended to be used in construing this document.
(j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and
Owner and is not intended to and shall not confer any rights or benefits on any third party
not a signatory hereto.
(k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner
and to any successor owner/developer of the property, may be recorded in the Collin
County property records, and runs with the land.
(I) Counterparts. This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
SUBDIVISION IMPROVEMENT AGREEMENT Page � 7
LGI Homes — Oak Hollow Phase 6, LLC,
a Delaware limited liability company
By: LGI-GTIS Holdings IV, LLC,
a Delaware limited liability company,
its sole Manager
By: LGI Homes Group, LLC,
a Texas limited liability company,
its Managing Member
By:
Eric T. Lipar, its Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the :day of 2013,
personally appeared Eric T. Lipar, known to me (or proved to me) to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the same
in his capacity as Manager of LGI Homes Group, LLC, in its capacity as Managing Member of LGI-
GTIS Holdings IV, LLC, in its capacity as sole Manager of LGI Homes — Oak Hollow Phase 6, LLC.
Notary Public, State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT Page � 8
CITY OF ANNA
By:
Philip Sanders, City Manager
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of ,2013,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna.
Notary Public, State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT Page � 9
ATTACHMENTS
Exhibit A I (legal description and survey drawing)
Exhibit B —Facilities Agreement
Exhibit C —Water Facilities
SUBDIVISION IMPROVEMENT AGREEMENT Page � 10
LEGAL DESCRIPTION
BEING a tract of land situated in the Thomas Rattan Survey, Abstract No. 782, and in the
Henry Smith Survey, Abstract No. 823, both in Collin County, Texas and being a portion of
that tract of land described in a Deed to ANNA 96 JOINT VENTURE, as recorded in Document Nc
2006000692110 of the Deed Records of Collin County, Texas, said tract being more
particularly described by metes and bounds as follows:
COMMENCING at an iron rod found at the southwest corner of Lot 12, Block B, Oak Hollow Estat(
Phose 5, an addition to the City of Anna, Collin County, Texas as recorded in Cabinet P,
Page 966, of the Plot Records of Collin County, Texas, said point being in the easterly line
of Common Area No. 1 as shown on said Plat;
THENCE N19"18'55E (previously recorded as N20^32'11"E) along the easterly line of said
Common Area No. 1 and the west line of said Lot 12, 55.61 feet to on iron rod found for the
northwest corner of Lot 12 and being the northeasterly corner of said Common Area No. 1;
THENCE S89�52'34"W (previously recorded as N89" 36'40"W) along the north line of said
Common Area No. 1 76.03 feet to a 5/8 inch iron rod with cap stomped "PELOTON" set for the
northwest corner of said Common Area No. 1, and being the northeast corner of said ANNA 96
JOINT VENTURE tract and being called for as being in the approximate centerline of a creek
on said Plat of Oak Hollow Estates, and being the POINT OF BEGINNING;
THENCE along the west line of said Common Area No. 1, and along the east line of said ANNA
96 JOINT VENTURE tract and along the approximate centerline of said creek as called for in
said Plat of Oak Hollow Estates the following bearings and distance all of which have been
rotated 01"13'16" counter clockwise from the bearings previously recorded on said Plat:
S
25�11'43"E,
29.76
feet;
S
05"48'16"W,
21,01
feet;
S
W24'34"W,
65,39
feet;
S
40%8'40"W,
23,60
feet;
S
02^4712912E,
13.38
feet;
S
52^31'10"E,
15.75
feet;
5
22^46'16"E,
16.47
feet;
5
27"18'24"W,
29,10
feet;
S
55"41'16"W,
74,80
feet;
S
32^02'03"W,
51,03
feet;
S
13"43'27"W,
33,11
feet;
S
00�05'05"W,
49,65
feet;
S
10^0675817E,
37,36
feet;
S
28"06'46"E3
32,36
feet;
S
24"44'06"W,
50.46
feet;
S
67�03146"W,
29,94
feet;
N
63�42'25"W3
21.77
feet;
N
W11'59"W,
22,59
feet;
N
83�50102"W,
32.85
feet;
S
60^51'43"W,
33.08
feet;
S
29�05'35"W,
46,53
feet;
S
03^51'24"W,
78,37
feet;
S
32�43'38"E,
62,73
feet;
S
09" 52'59"W,
9,55
feet;
S
54" 28'37"W,
39.37
feet;
S
12�48'12"W,
11,60
feet;
S
14�59'14"E,
30,51
feet;
S
17" 36'47"W,
8.08
feet;
S
60^19'05"W,
21,40
feet;
S
37"45'30"W,
25,87
feet;
S
00�10'51
"E,
27.18
feet;
S
58"37'07"E3
49.14
feet;
S
23^50'38"E,
37,65
feet;
S
10^00'39"W,
67,63
feet;
S
78"37'40"W,
31,34
feet;
S 72 23'02"W,
36.27 feet;
S 57"43'49"W,
47.69 feet;
S 30"'22700"W,
13.51 feet;
S 02"20'48"E,
30.79 feet;
S 32�31151"W,
89.98 feet;
S 27�32'45"E,
30.67 feet;
S 78�52'38"E,
64.81 feet;
S 10"50'51"El
49.23 feet;
S 02�49'20"W,
45.99 feet;
S 53" 35'05"W,
50.95 feet;
S 05�22'51"E,
11.76 feet;
S 22�13'57"W,
61.32 feet;
S 08�56'29"E,
15.57 feet;
S 38�57'15"E,
20.59 feet;
S 11"l1'26"E2
12.07 feet;
S 19�44'48"W,
88.47 feet;
S 00�09106"E3
50.55 feet;
S 32�49'04"E3
62.23 feet;
S 22�47'31"E,
18.74 feet;
and S 01�15'32"E, 19.35 feet
to a PK nail set in the
approximate center
line of
County Road No. 367;
THENCE along the said
approximate
center line of County Road No. 367 the
following courses and
distances:
S 88"54'10"W3
27.20 feet to
a PK nail set;
S 88"59'10"W,
646,60 feet to a PK nail set;
THENCE, leaving the said approximate
center line of County Road No. 367
and across said ANNA 96 JOINT VENTURE
tract the following
courses
and distances:
N01^13203"W1
797.25 feet to
a 5/8 inch iron rod with
cap stamped
"PELOTON" set;
S88�46'57"W,
10.18 feet to a
5/8 inch iron rod with
cap stamped
"PELOTON" set;
N01"13'03"W2
145.00 feet to
a 5/8 inch iron rod with
cap stamped
"PELOTON" set;
S88�46'57"W,
42.16 feet to a 5/8 inch iron rod with
cap stamped
"PELOTON" set;
N01"l3'03"W,
290.00 feet to
a 5/8 inch iron rod with
cap stamped
"PELOTON" set;
N88�46'56"E3
4.10 feet to a
5/8 inch iron rod with cap
stamped "PELOTON"
set;
N01�13'03"W,
145,00 feet to
a 5/8 inch iron rod with
cap stamped
"PELOTON" set;
S8V46'57"W,
1,61 feet to a
5/8 inch iron rod with cap stamped "PELOTON"
set;
THENCE N01�13'03"W, 146.16 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set
in the said north line of said ANNA 96 JOINT VENTURE tract;
THENCE 1\188�45'26"E, along said north line and generally along said fence line (previously
recorded as N89"59'E) 2.91 feet to an iron rod found;
THENCE N88�36'22"E, along said north line and generally along said fence line (previously
recorded as N89^33'E, 263.27') 263.68 feet to an iron rod found for the southwest corner
of Lot 64, Block T, Oak Hollow Estates, Phase 4, as recorded in Volume 2006, Page 586 of
the Plat Records of Collin County, Texas;
THENCE N88"52'33'E, (previously recorded as N89'36'E, 354.47') 354.38 feet along said
north line and along the south line of said Oak Hollow Estates to a 5/8 inch iron rod with cap
stamped "PELOTON' set for the southwest corner of Lot 1, Block U, Oak Hollow Estates,
Phase 3, as recorded in Cabinet P, Page 252, Plat Records Collin County, Texas;
THENCE N 89"05'22"E, (previously recorded as N89'57'E, 352.85') along said north line and
along the south line of said Oak Hollow Estates, Phase 3, 352.40 feet to and iron rod found;
THENCE N00"41'30"E, (previously recorded as N00"54'E) 30.29 feet along said north line and
along the south line of said plat to an iron rod found;
Thence N89 52'34"E, 135.87 feet (previously recorded as S89"25'E) along said north line and
the south line of said plat to the POINT OF BEGINNING, and containing 1,250,228 square
feet, or 28.701 acres of land, more or less.
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HOMETOWN
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 08/06/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action approving a Final Plat for Oak Hollow
Phase 6.
SUMMARY: Oak Hollow Phase 6 final plat contains 28.7 acres of land and 118
residential lots and 2 open space tracts. The open space tracts will be maintained by the
Oak Hollow Home Owners Association. The construction plans for Oak Hollow Phase 6
have been reviewed and approved by the City's Engineer. A Subdivision Improvement
Agreement concerning an upgrade to a water line has been proposed. Any approval of
this plat should be subject to the Agreement being formalized.
Informational Comment:
All fees according to the adopted facilities agreement on this tract are due prior to the
filing of the plat with the County.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the final plat unanimously at their meeting August 5, 2013.
RECOMMENDED ACTION: Approval
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CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013
Account Code #: 6735
Budgeted Amount: $20 500
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Exhibits: �t Yes � No
CONSENT AGENDA SUBJECT: Consider/Discuss/Action regarding passing a
resolution approving an annual sponsorship agreement between the CDC and the Greater
Anna Chamber of Commerce (Jessica Perkins)
SUMMARY: The EDC and CDC have historically supported the annual events of the
GACC. For the past three years the Corporations have entered into a fiscal year
agreement for sponsorship. The annual agreement has allowed for better planning and
budgeting.
The GACC hosts 5 annual events a year: Glow Fest, Christmas Parade, Awards Banquet,
Golf Tournament, and July 4tl' Celebration. A couple years ago the corporations decided
to change up the funding to better match the strategies of each corporation. The CDC
Corporation has previously funded the GACC at $20,500 per year. The breakdown of
sponsorship being requested by the CDC per event is below:
Glow Fest — $7500
Christmas Parade
Annual Banquet — $500
Golf Tournament — $3000
July 4tn Fireworks - $7000
This past year the GACC gathered the following information at each event:
Glow Fest — 4000 attendees
Christmas Parade — 33 parade participant groups
Annual Banquet — 235 attendees
Golf Tournament — 18 teams
July 4tl' Fireworks — 2000 attendees
The CDC has approved the FY 2013-2014 agreement with the Chamber that is attached
for your review.
STAFF RECOMMENDATION: Staff recommends you approve the agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATIONS'
2013=2014 FISCAL YEAR SPONSORSHIP AGREEENT WITH THE GREATER
ANNA CHAMBER OF COMMERCE.
WHEREAS, the Anna CDC have historically supported the annual events of the GACC,
and;
WHEREAS, for the past few years the Anna CDC has entered into a fiscal year
agreement to sponsor said events in exchange for certain promotional benefits provided
by the GACC, and;
WHEREAS, the annual agreements have allowed for better planning and budgeting by
the Anna CDC;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Sponsorship Agreements
The City Council of the City of Anna hereby approves the AGREEMENT FOR
SPONSORSHIP COMMITMENT FOR THE 2013-2014 FISCAL YEAR between the
CDC and the GACC attached hereto as EXHIBIT 1, incorporated herein for all
purposes.
PASSED AND APPROVED by the City Council of the City of Anna this
2013
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made
by and between the Anna Community Development Corporation ("CDC"), and then f
Greater AnnaChamberChamber of Commerce, Inc. ("GACC") and entered into on this
day of r , 20
During the CDC's 2010-2014 fiscal year, the CDC hereby promises to make certain
payments to the GACC to sponsor certain GACC events that GACC promises will
promote the CDC and the growth and the development of the City. The amount of
each payment is specified under this Agreement for each corresponding GACC event.
Each payment is to be provided to the GACC prior to each event, but is contingent
upon GACC providing a letter of intent to organize and hold the corresponding event
and meet the corresponding benchmarks set forth herein, as well as to adequately
promote the CDC and the City.
Far purposes of this Agreement, the following meanings shall apply:
(a) City shall mean the City of Anna, Texas.
(b) GDC shall mean the Anna Community Development Corporation, a Texas
nonprofit corporation.
(c} GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas
nonprofit corporation.
{d) Sponsor shall mean a person or corporation that pays or provides something of
value to the GACC in connection with a GACC event in exchange for GACC
providing promotional marketing or any other benefits associated with the GACC
event.
(e) Sponsorship Benefits shall mean at least that amount of sponsorship
designationI advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, public relations benefits
and all other benefits listed in this Agreement and/or otherwise available that
would promote the CDC to an extent equal to or greater than any other Sponsor
of the GACC event in question. In other words, Sponsorship Benefits shall
provide the CDC with at least "equal billing" compared with any other Sponsor
and shall provide the highest level of promotional or other benefits made
available or provided to any other Sponsor, regardless of the amounts paid by
the CDC as compared with other Sponsor Designation includes and shall mean:
(1) the CDC shall be named as a Sponsor of the GACC event, that the CDC
may use the same designation in all GACC-approved advertising,
merchandising and promotions, and
(2) the CDC shall have first right of refusal as a Sponsor of any subsequent
events arising out of any of the GACC events in future years.
Section 3. General Requirements
3.01 Letter of Intent
The GACC agrees to provide to the CDC a letter of intent prior to each event and prior
I
o the CDC's payment to GACC of any funds for such event. The letter of intent will be
drafted on a standard form attached as "Exhibit A", and incorporated herein as if set
forth in full. The letter of intent shall include a promise by the GACC to organize and
hold the specific event setting forth its purpose and goals including the benchmark
provisions set forth in this Agreement and shall constitute further binding contractual
responsibilities of the GACC to attain those benchmarks and adequately promote the
CDC. The letter of intent for any given event may set forth a different amount
requested to be paid by the CDC than the amount estimated for such event as set
forth in Section 4 of this Agreement.
3.02 Sponsorship Benefits
The GACC agrees to furnish all materials, equipment, tools and other items necessary
to provide Sponsorship Benefits to the CDC, and, in addition, all Sponsor
Designations, advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, and all other public relations
and promotional benefits as further described in this Agreement under each specific
event.
Advertising in print and broadcast media includes the CDC's identification as Sponsor
on all print advertising secured promoting the GACC event. All such advertising shall
reference the CDC as: The City of Anna Community Development Corporation.
Marketing materials and opportunities, onsite signage and marketing, and public
relations benefits will be provided for under each specific event in this Agreement.
Section 4. GACC Events
The GACC and CDC anticipate CDC sponsorship of the following events and provides
speck terms of compensation, Sponsorship Benefits, goals and benchmarks to
gauge promotional impact:
4.01 Glowf®st 2013
Name/Purpose: Glowfest 2093, Community Fall Festival
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 2 OF 9
Date, Time, Location of Event: All Day on Saturday, October 26, 2013 at Slater Greek
Park (and surrounding private property)
Deadline for GACC to provide letter of intent to CDC: Monday, September 23, 2013
Estimated Compensation amount: $7,500.00
Due Date of Paymenfi: Monday, October 14, 2013
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: GDC Logo on
pre -event banners; CDC Logo on registration form; listed as "Platinum Level" sponsor
in newspaper advertisement and article
Promotional Benchmark Requirements: GACC will provide approximate headcount of
attendees' and geographic locations where attendees reside.
Name/Purpose: 2093 Christmas Parade and Winter Wonderfest -Community Festival
and Parade
Date, Time, Location of Event: All Day on Saturday, December 14, 2013, parade
route
Deadline for GACC to provide letter of intent to CDC: Monday, November 11, 2013
Estimated Compensation amount: �2,50000
Due Date of Payment: Monday, November 25, 2013
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on
pre -event banners; CDC Logo on registration forms; listed as sponsor in newspaper
advertisement and article
Promotional Benchmark Requirements; GACC will provide a count or list of float
participation.
ird
Name/Purpose: 2014 Annual Banquet -Awards and appreciation banquet as well as
a promotional event for current and prospective businesses in our community.
Date, Time, Location of Event: 5:00pm—11:OOpm Saturday, March 1, 2014, Collin
County Adventure Camp in Anna, TX
Deadline for GACC to provide letter of intent to CDC: Monday, January 27, 2014
Estimated Gompensation amount: $50000
Due Date of Payment: Monday, February 17, 2014
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: One table at
the banquet; full -page advertisement placed on back of program; advertisement during
event including signage and in PowerPoint presentation
Promotional Benchmark Requirements: GACC will provide list of attendees
Name/Purpose: 2094 Golf Toumamen , Networking event for current GACC members
as well as a promotion to prospective new members and businesses
Date, Time, Location of Event: All Day on Monday, April 21, 2014, Hurricane Creek
Country Club
Deadline for GACC to provide letter of intent to CDC: Monday, March 17, 2014
Estimated Compensation amount: $3,000.90
Due Date of Payment: Monday, March 31, 2014
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on
postcard distributed throughout Anna, Van Alstyne, Melissa, Sherman & McKinney,
Recognition as Title Sponsor in Program and on signage the day of the event,
opportunity to display promotional material, signage placed on various holes
Promotional Benchmark Requirements: GACC will provide a list of players
Name/Purpose: 2094 Anna Fireworks Evenf, Community Festival
Date, Time, Location of Event: 5:OOpm —Conclusion of Fireworks, Friday, July 4,
2014 at Slater Creek Park and Anna ISD Football Stadium
Deadline for GACC to provide letter of intent to CDC: Monday, June 2, 2014
Estimated Compensation amount: $7,000.00
Due Date of Payment: Monday, June 16, 2014
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on
pre -event banners; CDC Logo on registration form; listed as sponsor in newspaper
advertisement and article
Promotional Benchmark Requirements: GACC will provide and estimated number of
attendees
Section 5. Compensation
In consideration of the performance of GACC's obligations under this Agreement,
including the provision of Sponsorship Benefits described herein, the CDC agrees to
pay the GACC the total amount of compensation of ($20,500) during the CDC's fiscal
year 2013-2014, subject to the conditions set forth in this Agreement. Before the CDC
shall have any obligation to make any payment to GACC with respect to any given
event described in Section 4 of this Agreement, the GACC must timely provide the
CDC with a letter of intent —signed by a GACC representative authorized to
contractually bind the GACC-as described in Section 3.01 of this Agreement and the
GACC must submit said letter of intent to the CDC before the applicable deadline for
such event as set forth in Section 4 of this Agreement. The total ($20,500) amount of
compensation shall be made in five separate payments with the amount of each
payment being determined by the CDC by electing one of the two following options
per GACC event: (1) the estimated compensation amount set forth in Section 4 of this
Agreement; or (2) a different amount requested by GACC that is set forth in the letter
of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A.
If the CDC decides to honor any GACC request for a different amount than what is set
forth in Section 4 of this Agreement, the CDC shall thereafter have discretion to alter
the amount of payments it makes with respect to any remaining events so that its
overall compensation paid to the Chamber under this Agreement does not exceed
$20,500 during the CDC's 2013=2014 fiscal year. The GACC shall provide the CDC
with a written receipt.
Section 6. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any
other costs required for any of the GACC events and to fulfill this Agreement. The
GACC shall take all reasonable steps necessary to ensure that all state, federal, and
local permitting and licensing requirements are met at all times during all GACC
events. The GACC must comply with all federal and state laws, and local ordinances
while organizing and participating in the GACC events.
Section 7. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the CDC has no right of control,
supervision, or direction over any work performed by the GACC relating in any way to
the GACC's undertaking of any of its events (the "Work"), including but not limited to
its employees, agents, contractors, or its subcontractors, nor does the CDC have any
control, supervision or direction of the means, methods, sequences, procedures, and
techniques utilized to complete any of the Work. There shall be no joint control over
the Work. The GACC agrees to fully defend, indemnify and hold harmless the
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE S OF 9
CDC from any claim, proceeding, cause of action, judgment, penalty, or any
other cost or expense arising or growing out of, associated or in connection
with the Work. The indemnification includes, but is not limited to, attorney fees
incurred by the CDC in defending itself or in enforcing this Agreement. By
entering into this Agreement, GACC waives all rights and remedies in law or in equity
except to seek enforcement of specific performance, without any right to
reimbursement of costs or attorney fees, of the obligations under this Agreement. This
provision is not intended to and does not waive any of the CDC's governmental
immunities, including immunity from suit and liability.
Section 8. Insurance
GACC shall procure and maintain for the duration of this Agreement insurance against
claims for injuries to persons or damages to property, which may arise from or in
conjunction with the performance of the Work or in any way related to the GACC's
undertakings performed in connection with the GACC events, including but not limited
to coverage for GACC, its agents, representatives, employees, contractors, or
subcontractors. The form and limits of such insurance, together with the underwriter
thereof in each case, must be acceptable to the CDC but regardless of such
acceptance it shall be the responsibility of the GACC to maintain adequate insurance
coverage at all times. Failure of the GACC to maintain adequate coverage shall not
relieve the GACC of any contractual responsibility or obligation. Each policy shall
provide that there will be no alteration or modification which reduces coverage in any
way prior to 30 days written notice being given to the CDC. A copy of each policy, or
at the CDC's discretion, a certificate of insurance, shall be filed with the CDC
Secretary.
Section 9. Default
9.0'I Events of Default
The occurrence, at any time during the term of the Agreement, of any one or more of
the following events, shall constitute an Event of Default under this Agreement:
(a) the failure of GACC to timely provide the CDC with a properly executed letter of
intent in accordance with the terms of this Agreement prior to each event;
(b) the failure of the GACC event to occur on the scheduled date, or —if the event
cannot occur on the originally scheduled date due to inclement weather —the failure of
the GACC event to be rescheduled and occur in accordance with Section 18 of this
Agreement;
(c) the failure of GACC to provide the CDC with all Sponsorship Benefits enumerated
in this Agreement for each event;
(d) the failure of GACC to meet each promotional benchmark requirement;
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 6 OF 9
(e) the failure of the CDC to pay the GACC according to the compensation terms of
each event when such payment may become due; and
(f) the Ma to or GACC's breach or violation of any of the material terms, covenants,
representations or warranties contained herein or GACC's failure to perform any
material obligation contained herein.
9.02 Uncured Events of Default
Upon the occurrence of an Event of Default by CDC that can be cured by the
immediate payment of money to GACC, CDC shall have 10 calendar days from
receipt of written notice from GACC of an occurrence of such Event of Default to cure
same before GACC may exercise any of its remedies as set forth in this Agreement.
Upon the occurrence of an Event of Default by GACC that does not include the failure
to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10
calendar days from receipt of written notice from CDC of an occurrence of such Event
of Default to cure same, or, if same cannot be effectively cured within 10 calendar
days and fully and effectively provide CDC with the Sponsorship Benefits, the default
may be cured by refunding CDC's entire sponsorship fee, unless such Event of
Default creates or contributes to an emergency situation in which injury to persons or
property reasonably appears imminent, in which case CDC is immediately entitled to
exercise or seek all rights available to it at law or in equity. If with respect to any given
event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a
deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full
refund of any amounts paid by the CDC to GACC for such event.
Section 10. Amendment; Termination
This Agreement may not be amended except pursuant to a written instrument signed
by both parties. This Agreement shall terminate once both parties shall have
completed performance of their respective obligations hereunder.
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013.2014 PAGE T OF 9
Section 11. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via
postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed
below:
CDC
CDC President
Anna Community Development Corporation
101 N. Powell Parkway
Anna, Texas 75409
GACC
GACC Director
Greater Anna Chamber of Commerce
P.O. Box 1256
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the address
information listed in this section.
Section 12. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the CDC
under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 13. Entire Agreement
This Agreement represents the entire and integrated Agreement between CDC and
GACC and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
i
sgned by both parties.
Section 14. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas or in the United States District Court for the Eastern District of Texas, Sherman
Division.
Section 1S. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and effect
of the law, such decisions shall not affect the remaining portions of this Agreement.
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 8 OF 9
Section 16. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the event
A any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute. Time is of
the essence with respect to the deadlines set forth in this Agreement.
Section 17. Force Majeure
If a party is prevented or delayed from performing any of its obligations hereunder due
to a natural or manmade event or condition not caused by such party and beyond
such party's reasonable control, then such party's performance of those obligations
shall be suspended until such time as the event or condition no longer prevents or
delays performance. If any event or condition results in the creation of amounts of
refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be
bound to conclude, terms and conditions for collection of those excess amounts.
Section 18. Inclement Weather
If the GACC cannot reasonably proceed with an event due to inclement weather, then
the GACC shall reschedule the event so that it occurs in reasonably close temporal
proximity to the original date scheduled for the event. A failure to so reschedule and
hold the event is a material breach of this Agreement.
Section 19. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of the
rights Cl"d duties under the terms of this Agreement without the prior written approval of
the CDC.
Section 20. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance
of such Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, CDC and GACC have executed this Agreement.
Greg Anna Chamber of Commerce CDC President
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 8 OF 8
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
, L U=
CITY OF ANNA, TEXAS
Council Meeting: August 13, 2013 Staff Contact: Jessica Perkins
Account Code #: 6735
Budgeted Amount: $19 500 Exhibits: X Yes ❑ No
CONSENT AGENDA SUBJECT: Consider/Discuss/Action regarding passing a
resolution approving an annual sponsorship agreement between the EDC and the Greater
Anna Chamber of Commerce (Jessica Perkins)
SUMMARY: The EDC and CDC have historically supported the annual events of the
GACC. For the past three years the Corporations have entered into a fiscal year
agreement for sponsorship. The annual agreement has allowed for better planning and
budgeting.
The GACC hosts 5 annual events a year: Glow Fest, Christmas Parade, Awards Banquet,
Golf Tournament, and July 4tl' Celebration. A couple years ago the corporations decided
to change up the funding to better match the strategies of each corporation. The EDC
Corporation has previously funded the GACC at $19,500 per year. The breakdown of
sponsorship being requested by the EDC per event is below:
Glow Fest — $7500
Annual Banquet — $5000
July 4th Fireworks - $7000
This past year the GACC gathered the following information at each event:
Glow Fest — 4000 attendees
Annual Banquet — 235 attendees
July 0' Fireworks — 2000 attendees
The EDC has approved the FY 2013-2014 agreement with the Chamber that is attached
for your review.
STAFF RECOMMENDATION: Staff recommends you approve the agreement.
Mir ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATIONS' 2013-
2014 FISCAL YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA
CHAMBER OF COMMERCE.
WHEREAS, the Anna EDC have historically supported the annual events of the GACC,
and;
WHEREAS, for the past few years the Anna EDC has entered into a fiscal year
agreement to sponsor said events in exchange for certain promotional benefits provided
by the GACC, and;
WHEREAS, the annual agreements have allowed for better planning and budgeting by
the Anna EDC;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT.
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Sponsorship Agreements
The City Council of the City of Anna hereby approves the AGREEMENT FOR
SPONSORSHIP COMMITMENT FOR THE 2012-2013 FISCAL YEAR between the
::DC and the GACC attached hereto as EXHIBIT 1, incorporated herein for all
purposes.
PASSED AND APPROVED by the City Council of the City of Anna this day of
. 2013
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made
by and between the Anna Economic Development Corporation ("EDC"), ar d the Greater
A na Chamber of Commerce, Inc. ("GACC") and entered into on this / day of
20�.
During the EDC's 2013-2014 fiscal year, the EDC hereby promises to make certain
payments to the GACC to sponsor certain GACC events that GACC promises will
promote the EDC and the growth and the development of the City. The amount of
each payment is specified under this Agreement for each corresponding GACC event.
Each payment is to be provided to the GACC prior to each event, but is contingent
upon GACC providing a letter of intent to organize and hold the corresponding event
and meet the corresponding benchmarks set forth herein, as well as to adequately
promote the EDC and the City.
For purposes of this Agreement, the following meanings shall apply:
(a) City shall mean the City of Anna, Texas.
(b) EDC shall mean the Anna Economic Development Corporation, a Texas
nonprofit corporation.
(c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas
nonprofit corporation.
(d) Sponsor shall mean a person or corporation that pays or provides something of
value to the GACC in connection with a GACC event in exchange for GACC
providing promotional marketing or any other benefits associated with the GACC
event.
(e) Sponsorship Benefits shall mean at least that amount of sponsorship
designationI advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, public relations benefits
and all other benefits listed in this Agreement and/or otherwise available that
would promote the EDC to an extent equal to or greater than any other Sponsor
of the GACC event in question. In other words, Sponsorship Benefits shall
provide the EDC with at least "equal billing" compared with any other Sponsor
and shall provide the highest level of promotional or other benefits made
available or provided to any other Sponsor, regardless of the amounts paid by
the EDC as compared with other Sponsor Designation includes and shall mean:
(1) the EDC shall be named as a Sponsor of the GACC event, that the EDC
may use the same designation in all GACC-approved advertising,
merchandising and promotions, and
(2} the EDC shall have first right of refusal as a Sponsor of any subsequent
events arising out of any of the GACC events in future years.
Section 3. General Requirements
The GACC agrees to provide to the EDC a letter of intent prior to each event and prior
to the payment to GACC of any EDC funds for such event. The letter of intent will be
drafted on a standard form attached as "Exhibit A", and incorporated herein as if set
forth in full. The letter of intent shall include a promise by the GACC to organize and
hold the specific event setting forth its purpose and goals including the benchmark
provisions set forth in this Agreement and shall constitute further binding contractual
responsibilities of the GACC to attain those benchmarks and adequately promote the
EDC. The letter of intent for any given event may set forth a different amount
requested to be paid by the EDC than the amount estimated for such event as set
forth in Section 4 of this Agreement.
3.02 Sponsorship Benefits
The GACC agrees to furnish all materials, equipment, tools and other items necessary
to provide Sponsorship Benefits to the EDC, and, in addition, all Sponsor
Designations, advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, and all other public relations
and promotional benefits as further described in this Agreement under each specific
event.
Advertising in print and broadcast media includes the EDC's ident�cation as Sponsor
on all print advertising secured promoting the GACC event. All such advertising shall
reference the EDC as: The City of Anna Economic Development Corporation.
Marketing materials and opportunities, onsite signage and marketing, and public
relations benefits will be provided for under each specific event in this Agreement.
Section 4. GACC Events
The GACC and EDC anticipate EDC sponsorship of the following events and provides
specific terms of compensation, Sponsorship Benefits, goals and benchmarks to
gauge promotional impact:
4.01 Glowfest 2013
Name/Purpose: Glowfesf 2013, Community Fall Festival
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 2 OF 8
Date, Time, Location of Event: All Day on Saturday, October 26, 2013 at Slater Creek
Park (and surrounding private property)
Deadline for GACC to provide letter of intent to EDC: Monday, September 23, 2013
Estimated Compensation amount: $7,500.00
Due Date of Payment: Monday, October 14, 2013
Sponsorship Obligations of GACC in addition to Spansorship Benefits: EDC Logo on
pre -event banners; EDC Logo on registration form; listed as "Platinum Level" sponsor
in newspaper advertisement and article
Promotional Benchmark Requirements: GACC will provide approximate headcount of
attendees' as well geographic locations from where attendees reside.
Blame/Purpose: 2014 Annual Banquet -Awards and appreciation banquet as well as
a promotional event for current and prospective businesses in our community.
Date, Time, Location of Event: 5:OOpm —
County Adventure Camp in Anna, TX
11:OOpm Saturday, March 1, 2014, Catlin
Deadline for GACC to provide letter of intent to EDC: Monday, January 27, 2014
Estimated Compensation amount: $5,00000
Due Date of Payment: Monday, February 17, 2014
Spansorship Obligations of GACC in addition to Sponsorship Benefits: One table at
the banquet; full -page advertisement placed on back of program; advertisement during
event including signage and in PowerPoint presentation
Promotional Benchmark Requirements: GACC will provide list of attendees
Jul
Name/Purpose: 2094 Anna Fireworks Event, Community Festival
Date, Time, Location of Event: 8pm —Conclusion of Fireworks, Friday, July 4, 2014 at
Slater Creek Park and Anna ISD Football Stadium
Deadline for GACC to provide letter of intent to EDC: Monday, June 2, 2014
Estimated Compensation amount: $7,000.00
Due Date of Payment: Monday, June 16, 2014
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: EDC Logo on
pre -event banners, EDC Logo on registration form, listed as sponsor in newspaper
advertisement and article
Promotional Benchmark Requirements: GACC will provide and estimated number of
attendees
Section 5. Compensation
In consideration of the performance of GACC's obligations under this Agreement,
including the provision of Sponsorship Benefits described herein, the EDC agrees to
pay the GACC the total amount of compensation of ($19,500) during the EDC's fiscal
year 2013-2014, subject to the conditions set forth in this Agreement. Before the EDC
shall have any obligation to make any payment to GACC with respect to any given
event described in Section 4 of this Agreement, the GACC must timely provide the
EDC with a letter of intent —signed by a GACC representative authorized to
contractually bind the GACC—as described in Section 3.01 of this Agreement and the
GACC must submit said letter of intent to the EDC before the applicable deadline for
such event as set forth in Section 4 of this Agreement. The total ($19,500) amount of
compensation shall be made in three separate payments with the amount of each
payment being determined by the EDC by electing one of the two following options per
GACC event: (1) the estimated compensation amount set forth in Section 4 of this
Agreement; or (2) a different amount requested by GACC that is set forth in the letter
of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A.
If the EDC decides to honor any GACC request for a different amount than what is set
forth in Section 4 of this Agreement, the EDC shall thereafter have discretion to alter
the amount of payments it makes with respect to any remaining events so that its
overall compensation paid to the Chamber under this Agreement does not exceed
($19,500) during the EDC's 2013-2014 fiscal year. The GACC shall provide the EDC
with a written receipt.
Section 6. Lic®uses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any
other costs required for any of the GACC events and to fulfill this Agreement. The
GACC shall take all reasonable steps necessary to ensure that all state, federal, and
local permitting and licensing requirements are met at all times during all GACC
events. The GACC must comply with all federal and state laws, and local ordinances
while organizing and participating in the GACC events.
Section ?. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the EDC has no right of control,
supervision, or direction over any work performed by the GACC relating in any way to
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 4 OF 8
the GACC's undertaking of any of its events (the "Work"), including but not limited to
its employees, agents, contractors, or its subcontractors, nor does the EDC have any
control, supervision or direction of the means, methods, sequences, procedures, and
techniques utilized to complete any the Work. There shall be no joint control over the
Work. The GACC agrees to fully defend, indemnify and hold harmless the EDC
from any claim, proceeding, cause of action, judgment, penalty, or any other
cost or expense arising or growing out of, associated or in connection with the
Work. The indemnification includes, but is not limited to, attorney fees incurred
by the EDC in defending itself or in enforcing this Agreement By entering into
this Agreement, GACC waives all rights and remedies in law or in equity except to
seek enforcement of specific performance, without any right to reimbursement of costs
or attorney fees, of the obligations under this Agreement. This provision is not
intended to and does not waive any of the EDC's governmental immunities, including
immunity from suit and liability.
Section 8. Insurance
GACC shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
conjunction with the performance of the Work or in any way related to the GACC's
undertakings performed in connection with the GACC events, including but not limited
to coverage for GACC, its agents, representatives, employees, contractors, or
subcontractors. The form and limits of such insurance, together with the underwriter
thereof in each case, must be acceptable to the EDC but regardless of such
acceptance it shall be the responsibility of the GACC to maintain adequate insurance
coverage at all times. Failure of the GACC to maintain adequate coverage shall not
relieve the GACC of any contractual responsibility or obligation. Each policy shall
provide that there will be no alteration or modification which reduces coverage in any
way prior to 30 days written notice being given to the EDC. A copy of each policy, or at
the EDC's discretion, a certificate of insurance, shall be filed with the EDC Secretary.
Section 9. Default
9.0'I Events of Default
The occurrence, at any time during the term of the Agreement, of any one or more of
the following events, shall constitute an Event of Default under this Agreement:
(a) the failure of GACC to timely provide the EDC with a properly executed letter of
intent in accordance with the terms of this Agreement prior to each event;
(b) the failure of the GACC event to occur on the scheduled date, or —if the event
cannot occur on the originally scheduled date due to inclement weather —the failure of
the GACC event to be rescheduled and occur in accordance with Section 18 of this
Agreement;
AGREEMENT FOR SPONSORSHIP COMMCTMENT FOR 2013-2014 PAGE S OF 8
(c) the failure of GACC to provide the EDC with all Sponsorship Benefits enumerated
in this Agreement for each event;
(d) the failure of GACC to meet each promotional benchmark requirement;
(e) the failure of the EDC to pay the GACC according to the compensation terms of
each event when such payment may become due; and
(f) the EDC's or GACC's breach or violation of any of the material terms, covenants,
representations or warranties contained herein or GACC's failure to perform any
material obligation contained herein.
9.02 Uncured Ev®nts of Default
Upon the occurrence of an Event of Default by EDC that can be cured by the
immediate payment of money to GACC, EDC shall have 10 calendar days from
receipt of written notice from GACC of an occurrence of such Event of Default to cure
same before GACC may exercise any of its remedies as set forth in this Agreement.
Upon the occurrence of an Event of Default by GACC that does not include the failure
to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10
calendar days from receipt of written notice from EDC of an occurrence of such Event
of Default to cure same, or, if same cannot be effectively cured within 10 calendar
days and fully and effectively provide EDC with the Sponsorship Benefits, the default
may be cured by refunding EDC's entire sponsorship fee, unless such Event of
Default creates or contributes to an emergency situation in which injury to persons or
property reasonably appears imminent, in which case EDC is immediately entitled to
exercise or seek all rights available to it at law or in equity. If with respect to any given
event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a
deadline or a failure described in Section 9.01(b), the EDC shall be entitled to a full
refund of any amounts paid by the EDC to GACC for such event.
Section 10. Amendment; Termination
This Agreement may not be amended except pursuant to a written instrument signed
by both parties. This Agreement shall terminate once both parties shall have
completed performance of their respective obligations hereunder.
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 6 OF 8
Section 11. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via
postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed
below:
EDC
EDC President
Anna Economic Development Corporation
101 N. Powell Parkway
Anna, Texas 75409
GACC
GACC Director
Greater Anna Chamber of Commerce
P. I Box 1256
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the address
information listed in this section.
Section 12. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the EDC
under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 13. Entire Agreement
This Agreement represents the entire and integrated Agreement between EDC and
GACC and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both parties.
Section 14. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas or in the United States District Court for the Eastern District of Texas, Sherman
Division.
Section 15. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and effect
of the law, such decisions shall not affect the remaining portions of this Agreement.
AGREEMENT FOR SPONSORSWIP COMMITMENT FOR 2013-2014 PAGE 7 OF 8
This Agreement is the result of negotiation between the parties, and shall, in the event
'A any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute. Time is of
the essence with respect to the deadlines set forth in this Agreement.
If a party is prevented or delayed from performing any of its obligations hereunder due
to a natural or manmade event or condition not caused by such party and beyond
such party's reasonable control, then such party's performance of those obligations
shall be suspended until such time as the event or condition no longer prevents or
delays performance. If any event or condition results in the creation of amounts of
refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be
bound to conclude, terms and conditions for collection of those excess amounts.
If the GACC cannot reasonably proceed with an event due to inclement weather, then
the GACC shall reschedule the event so that it occurs in reasonably close temporal
proximity to the original date scheduled for the event. A failure to so reschedule and
hold the event is a material breach of this Agreement.
Section '19. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of the
rights and duties under the terms of this Agreement without the prior written approval of
the EDC.
Section 20. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance
of such Agreement shall begin as soon thereafter as practicable:
IN WITNESS WHEREOF, EDC and GACC have executed this Agreement.
By:
Anna Chamber of Commerce
EDC President
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 8 OF 8
C_7
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 16
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Cites er
Date Prepared: 8/8/12
Exhibits: QYes No
AGENDA SUBJECT: Consider/Discuss/Action regarding an appointment to serve a
two-year term on the Greater Texoma Utility Authority Board of Directors.
SUMMARY: The Greater Texoma Utility Authority (GTUA) is a local political
subdivision of the State and is governed by a Board of Directors. The Authority is a
special4aw district organized under Article XVI, Section 59, of the Texas constitution
and operates under Chapter 49 of the Texas Water Code. GTUA member cities include:
Denison, Sherman Anna, Bailey, Collinsville, Ector, Gainesville, Gunter, Howe,
Leonard, Muenster, Pottsboro, Tioga, Tom Bean, Valley View, Van Alstyne, Whitesboro,
and Whitewright.
The Authority operates under the provisions of Chapter 49 of the Texas Water Code. The
Authority has no taxing power, but may incur debt by the issuance of bonds supported by
revenues from the operations it finances. The Authority may enter into contracts to
provide services for member cities and others when requested. The Authority provides its
member cities with assistance in financing and construction of water and wastewater
facilities. The Authority may also be requested to provide operations services for water
and wastewater facilities by member cities and others,
The Authority is governed by a Board of Directors appointed by its member cities. Places
1, 2, and 3 are appointed by the City of Denison. Places 45 53 and 6 are appointed by the
City of Sherman. The City of Gainesville appoints a member for Place 7, with Place 8
appointed by the City of Anna. Place 9 is appointed by the general law member cities.
Board members serve two-year terms. Half of the Directors are appointed each year so
that the terms overlap. The Board of Directors is responsible for establishing all policies
of the Authority.
Or.
Dick Dowd has served as the City of Anna's appointee to the Greater Texoma Utility
Authority's Board of Directors since December of 2012. Since Board members may not
be an elected member of the governing body of the city they represent, the Council will
need to appoint someone to replace Mr. Dowd on the GTUA Board. The Board typically
meets on the third Monday of each month at 12:00 noon,
CITY OF NNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE
GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS
WHEREAS, the City of Anna, Texas (the y") is Cl member of the Greater Texoma Utility
Authority ("GTUA" or the "Authority"); and,
WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the
Texas constitution and operates under Chapter 49 of the Texas Water Code; and,
WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and,
WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna,
Texas (the "City Council");
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. Appointment to the GTUA Board of Directors.
The City Council hereby appoints
GTUA Board of Directors,
to serve in Place 8 on the
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of August 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
A MAl I.
July 29, 2013
Mayor Mike Crist
City of Anna
P O Box 776
Anna TX 75409
Dear Mayor Crist:
5100 AIRPORT DRIVE
DENISON, TEXAS 75020-8448
903/7864433
FAX: 903/786.8211
www.gtua.org
D
,X .
In January 2013, Mr. Dick Dowd was appointed by the City of Anna to serve on the Board of Directors of the
Greater Texoma Utility Authority. On July 20, 2013, Mr. Dowd was elected to serve on the Anna City Council.
The requirements to serve on the Board of Directors include not currently serving as an elected official. Mr. Dowd
will no longer be eligible to serve on the Board of Directors once he is sworn in to serve on the Anna City
Council.
The only requirements for Director are (1) the person may not be a Director if he or she is an officer,
employee, or member of the governing body of a municipal corporation, and (2) each Director shall be a
qualified Elector of the city that nominates him or her.
Please place an item on a future ,City Council agenda to provide an appointment for the Greater Texoma
Utility Authority Board of Directors so that the City of Anna can be represented at our meetings.
JWC:cc
cc: Philip Sanders, City of Anna
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 17
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
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).
b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code 9551.072); lease of office space; acquisition of utility easement,
c. discuss or deliberate personnel matters: City Secretary Annual Review.
Gov't Code V.).) 74).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
HOMETOWN
Council Meeting: August 13I 2013
Account Code #: N/A
Budgeted Amount:
Item No. 18
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-1
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Considei•/Discuss/Action on any items listed on posted
agenda for August 13, 2013 Workshop Session or any Closed Session occurring during
this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
1�1
HOMETOWN
Council Meeting: August 13, 2013
Account Code #: N/A
Budgeted Amount: NIA
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 19
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8-8-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.