HomeMy WebLinkAbout2013-10-08 Workshop & Regular Meeting PacketYtOUR} HOMETOWN
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
October 8, 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.,
October 8, 2013, at the Anna City Hall Administration Building, located at I I I N. Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing/Discussion regarding Centennial Celebration. (Jessica Perkins)
4. Briefing/Discussion regarding NTMWD wastewater system membership (City
Manager)
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions,
a. consult with legal counsel regarding pending or contemplated
gation 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);
contract with Redden Concrete.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of utility easement.
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.
l .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-08-13 CC Workshop Meeting Agenda.doc 1 Posted 10-04-13
6. Consider/Discuss/Action on any items listed on posted agenda for October 8,
2013 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
7. Adjourn.
This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5900 p.m., October 4, 2013.
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-08-13 CC Workshop Meeting Agenda.doc 2 Posted 10-04-13
CITY COUNCIL MEETING
SIGN IN SHEET
DATE: C
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Foam. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
�i=
ADDRESS
Item No. 3 WS
City Secretary's use only
y
City of Anna
City Council Agenda
Staff Report
CITY dF AN NA, TEXAS
Council Meeting: October 8, 2013 Staff Contact: Jessica Perkins
Account Code #:
Budgeted Amount: Exhibits: Yes _X_ No
AGENDA SUBJECT: Briefing/Discussion regarding Centennial Celebration. (Jessica
Perkins)
SUMMARY: Local area citizens and business owners are planning a Centennial
Celebration in conjunction with the annual Christmas Parade scheduled for Saturday,
December 14th. Karen Ahrens, co-owner of Daddy Rex's BBQ, is the lead contact for
the Centennial Celebration. Karen along with Sara Cox, GACC President, will be present
to share the plans they have been working on for the Centennial. To date, staff is aware
that the Parade Theme will be the Centennial, the Shirely Museum will be open, there
will be live music and a calve. Below is the logo the group created for the celebration.
4
56._
STAFF RECOMMENDATION: n/a
Item No. 4 WS
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Y{OUR} HOMETOWN
Council Meeting: October 8, 2013 Staff Contact: City Manager
Account Code # NA
Amount: NA Exhibits: X Yes ❑ No
AGENDA SUBJECT: Briefing/Discussion regarding NTMWD wastewater system
membership.
SUMMARY: The Cities of Anna and Melissa are working together on a request to become
members of the NTMWD wastewater system. Attached is a proposed agreement for engineering
services and the scope of services for the proposed study required by NTMWD to process our
request for membership. This is a standard NTMWD engineering services agreement and some
items that have been listed in the agreement will not apply to this study. Once the agreement is
final, NTMWD will transmit, for our approval, hard copies with proposed cost breakdowns for
the study for each city based on wastewater flows into the system from each city over the last six
months.
AGREEMENT FOR ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF COLLIN
This Agreement made, entered into and executed this the day of ,
2013 by and, between the NORTH TEXAS MUNICIPAL WATER DISTRICT of Wylie, Texas,
hereinafter called the "District" acting herein by and through its officers, duly authorized to so act
and Freese and Nichols, Inc., hereinafter called the "Engineer" acting herein, by and through its
representative, duly authorized to so act for and in behalf of said Engineer.
WITNESSETH that whereas the District intends to contract for design services associated with
the Regional Wastewater System and Upper East Fork Interceptor System Membership
Evaluation Study for thr Cities of Melissa and Anna, NTMWD Project No. , such
improvements hereinafter called the "Project."
NOW, THEREFORE, the District and the Engineer in consideration of the mutual covenants and
agreements herein contained do mutually agree as follows;
SECTION t
EMPLOYMENT OF ENGINEER
The District agrees to employ the Engineer, and the Engineer agrees to perform professional
engineering services in connection with the Project as stated in the sections to follow and for
having rendered such services, the District agrees to pay to the Engineer compensation as
stated in the sections to follow.
SECTION II
PERIOt) OF SERVICE
This agreement shall become effective upon execution by the District and the Engineer and shall
remain in force far the period, which may reasonably be required for the design, award of
contract, and construction of the Project, including extra services and any required extensions
approved by the District.
SECTION III
BASIC SERVICES
The Engineer shall render professional services necessary for the development of the project.
The Scope of Services covered by Basic Services for the Project shall be as indicated in
Attachment A.
SECTION IV
SPECIAL SERVICES
Special Services to be performed by the Engineer, if authorized by the District, are indicated in
Attachment A. No special Services are anticipated as part of this study.
Rev (1/13)
SECTION V
AppITIONAt_ SERVICES
Additional services to be performed by the Engineer, if authorized by the District, which are not
included in the above described basic and special services, are described as follows:
1. Field layouts or the furnishing of construction line and grade surveys;
2. Investigations involving detailed consideration of operation, maintenance and overhead
expenses, and the preparation of rate schedules, earnings and expense statements,
feasibility studies, appraisals, evaluations, assessment schedules, and material audits or
inventories required for certification of force account construction performed by the
District;
3. Preparing of applications and supporting documents for governmental grants, loans, or
planning advances and providing data for detailed applications;
4. Providing shop, mill, field or laboratory inspection of materials and equipment;
b. Preparation of any required Operation and Maintenance Manuals or conducting operator
training and preparation of Environmental Impact Assessments or Statements;
6. Appearance before regulatory agencies or courts as an expert witness in any litigation
with third pa es or condemnation proceedings arising from the development or
construction of the Project including the preparation of engineering data and reports for
assistance to the District.
7. Furnishing the services of a full-time Resident Projec# Representative to act as the
District's onsite representative during the construction phase, if requested by the District
under terms and conditions described in Section IX of this agreement.
SECTION VI
COORpINAT10N WITH THE p[STRICT
The Engineer shall hold periodic conferences with the District or its representatives as detailed
in order to obtain full benefit of the District's experience and knowledge of existing needs and
facilities so that the Project as designed will be consistent with the District's current policies and
construction standards. To implement this coordination, the District will make available to the
Engineer for use in designing and constructing the Project existing plans, maps, field notes,
statistics, computations and other data in its possession relative to existing facilities and to the
Project. The Engineer shall coordinate with the Owner in obtaining plans for existing facilities.
Rev (1/13)
SECTION VI!
WRITTEN AUTHORIZATION
All engineering services and work to be performed by the Engineer under this agreement shall
be authorized by the District in writing. Prior to each phase of the basic services as outlined in
Section III of this agreement, the Engineer will submit a proposed work order for District
approval. The work order shall set forth in reasonable detail the scope of the Project and the
engineering services to be provided, including approximate total amount of engineering fees for
additional services, if required, and approximate date of completion of the services authorized.
The written work order for each phase of the basic services shall be acknowledged and
accepted by both the District and the Engineer.
It is specifically understood and agreed that the Engineer sha[I not be authorized or undertake
any work pursuant to this Agreement which such work would require the payment of any charge,
expense or reimbursement without having first had and obtained a work order or specific written
authorization from the District.
SECTION VIII
COMPENSATION
For and in consideration of the services to be rendered by fhe Engineer, the District shall pay the
fees hereinafter set forth.
A. CUMPENSATI�N TERMS:
1."Construction Cost" is defined as the total cost to the District for the execution of the
work on the construction project, excluding the fees or other casts for engineering and
legal services and the cost of land, right -of way, and administrative expenses, but
including the direct cost to the District of all current construction contracts, items of
construction including labor, materials and equipment, required for the completed work
(including extras) and the total value at site of Project of all labor, materials and
equipment purchased or furnished directly by the District for the Project.
2.—"Salary Cost" is defined as the cost of salary of engineers, draftsmen, stenographers,
surveyors, clerks, and laborers for time directly chargeable to the Projec#, plus Social
Security contributions, unemployment, excise and payroll taxes, employment
compensation insurance, retirement benefits, medical and insurance benefits, sick
leave, vacation and holiday pay applicable thereto.
"Sub
-Contract Expense" is defined as that expense for any assignment incurred by the
Engineer in employment of others in outside firms for services in the nature of
foundation borings, testing, and similar services that are not included in the Basic
Services.
4.—"Direct Non -Labor Expense" is defined as that expense for any assignment incurred by
the Engineer for supplies, transportation and equipment, travel, communications,
subsistence and lodging away from home and similar incidentals in connection with that
assignment.
Rev (1/13)
B. BASIC SERVICES:
The Engineer shall be compensated for the work described as Basic Services (Section III).
Work to be performed by the Engineer as part of Basic Services is described in "Scope of
Services, Attachment X. The Basic Services Compensation will not exceed $52,500 without
prior written authorization from the District, and shall be as follows:
1. Where the services of individuals are supplied by the Engineer, as authorized by the
District, payment for these services will be based on the hourly rates per Attachment B.
2. Services for direct non -labor expenses and subcontract expense provided by the
Engineer shall be reimbursed at actual cost.
Partia( payments to the Engineer will be made on the basis of monthly statements rendered to
and approved by the Executive Director of the District; however, under no circumstances shall
any monthly statement for services exceed the value of work performed at the time a statement
is rendered. In no case shall any payments exceed the value of the work actually completed at
the time a statement is rendered.
It is specifically understood and agreed that the Engineer shall not be authorized to undertake
any work pursuant to this Agreement, which would require additional payments by the District of
any charge, expense or reimbursement above the maximum fee without having first obtained
written authorization from the District.
C. SPECIAL SERVICES:
No special services are included in this project.
D. ADDITIONAL SERVICES:
If additional services are required and approved by the District, the Engineer shall be
compensated as follows:
1. Where the services of individuals are supplied by the Engineer, as authorized by the
District, payment for these services will be based on the hourly rates per Attachment B.
2, Services for direct non -labor expenses and subcontract expense provided by the
Engineer shall be reimbursed at actual cast.
3. Compensation for the services of a Resident Project Representative during the
construction phase, if requested by the District, shall be under the terms and conditions
described in Section IX of this Agreement.
E. PARTIAL PAYMENT:
Partial payments to the Engineer may be made from time to time if the circumstances warrant it.
In #his event, payment will be made on the basis of s#atements rendered and approved by the
Executive Director of the District, but in no event shall any statement exceed the value of work
performed.
Rev (1/13)
SECTION IX
RESIDENT PROJECT REPRESENTATIVE
If the DIStrIC# elects to have the Engineer furnish the services of a Resident Project
Representative to act as the District's on4te representative during the construction phase, the
Engineer will furnish these services at salary cost times a multiplier of 2.25, direct non -labor
expenses shall be reimbursed at actual cost times a multiplier of 1.10. If a Resident Project
Representative is required by the District, the services provided by the Engineer shall be as
described in an attachment to the District's written request and authorization entitled, "Duties,
Responsibilities and Limitations of Authority of Resident Project Representative"
SECTION X
REVtS1QN TO PLANS, SPECIFICATIONS AND REPORTS
The Engineer will make, without expense to the District, such amendments #o the draft plans,
specifications and or reports as may be required to meet the authorized scope of services; but if
after a definite plan and or final report has been approved by the District, a decision is
subsequently made by the District which requires additional work by the Engineer, the Engineer
shall be compensated for such extra services and expenses as Additional Services as described
in Section Vill above. If revisions in the report are required by reason of the Engineer's error or
omission, then such revisions will be made by the Engineer without additional compensation.
SECTION XI
OWNERSHIP OF DOCUMENTS
Upon payment in full for completed services, original documents, reports, plans, designs, and
survey notes developed in connection with services performed hereunder belong to and remain
the property of the District in consideration of which it is mutually agreed that the District will use
them solely in connection with the Project, save with the express consent of the Engineer. The
Engineer may retain reproducible copies of such documents.
SECTION XI[
TERMINATION
Either party to this agreement may terminate the agreement by giving to the other party thiriy
(30) days' notice in writing. Upon delivery of such notice by the District to the Engineer, the
Engineer shall immediately, unless the notice directs otherwise, discontinue all services in
connection with the performance of this agreement and should proceed to cancel promptly all
existing orders and contracts insofar as such orders or contacts are chargeable to this
agreement. As soon as practicable after receipt of Notice of Termination, the Engineer shall
submit a statement showing in detail the services performed under this agreement to the date of
termination. The District shall then pay the Engineer promptly that portion of the Basic Services
called for under this Agreement, less such payments on account of the charges as have been
previously made. Copies of all complete or partially completed designs, plans, and specifications
prepared under this agreement shall be delivered to the District when and if this agreement is
terminated.
Rev (1/13)
SECTION XIII
SECTION CAPTIONS
Each Section of this Agreement has been supplied; with a caption to serve only as a guide to the
contents. The caption does not control the meaning of any section or in any way determine its
interpretation or application.
�yxaliLl`1GiP1
SUCCESSORS AND ASSIGNS
This Agreement sha(I be binding upon the parties hereto, and the successors, assigns and
personal representatives of the parties in respect to all covenants of the Agreement. This
Agreement shall not be assignable in whole or in part by the Engineers without the written
consent of the District. Nothing herein shall be construed as creating any personal liability on the
part of any Officer, Director, or agent of the District.
IN WITNESS HEREOF, the North Texas Municipal Water District has caused the present to be
executed in several counterparts by its Executive Director and Freese and Nichols, Inc.by and
through its representative.
NORTH TEXAS MUNICIPAL WATER DISTRICT
BY:
ATTEST:
BY:
JAMES M. PARKS
Executive Director
FREESE AND NICHOLS, 1NC.
BY:
ATTEST:
Rev (1/13)
SCOTT COLS, P.E.
Vice President
ATTACHMENT A
SCOPE OF SERVICES
NORTH TEXAS MUNICIPAL WATER DISTRICT
REGIONAL WASTEWATER SYSTEM AND UPPER EAST FORK
INTERCEPTOR SYSTEM MEMBERSHIP EVALUATION FOR THE CITIES OF
MELISSA AND ANNA
The project will consist of studying the impact on the Upper East Fork Wastewater
Interceptor System hereinafter called the "UEFIS", and the Regional Wastewater System,
"RWWS" if the City of Anna and City of Melissa, become members of the RWWS and
deliver wastewater flow through the UEFIS. The project will also include a feasibility
analysis related to the North Texas Municipal Water District (NTMWD) acquiring the
Throckmorton Creek 48" interceptor and Clemons Creek 21" interceptor. The study area
is generally defined as the current City limits and ETJ of Melissa and Anna. The tasks to
be performed are as follows:
1. Review Available Data: Freese and Nichols, Inc. (FNI) will review and utilize the
2010 GTUA Regional Wastewater Facility Concept Planningfor the Upper East
Fork Basin Final Technical Report performed by FNI and the NTMWD UEFIS
and RWWS contracts.
2. Kickoff Meetinu: FNI will conduct akick-aff meeting with NTMWD, City of
Melissa, and City of Anna staff to present the proposed approach that will be
taken in conducting the Study and to solicit input on the proposed approach to be
taken. FNI will solicit existing and projected population and wastewater flow
information or assumptions the Cities would like to utilize in the Study. During
the kickoff meeting, FNI will summarize the existing RWWS and UEFIS
contracts and the requirements to become a member of the RWWS and UEFIS.
NTMWD will host the meeting.
3. Review and Document Wastewater Projections: FNI will coordinate with
NTMWD and fihe cities to obtain, review, and document population and
wastewater flow projections for the next twenty (20) years. Projections will be
provided for the first five years and in five year increments thereafter for a total of
twenty years. Flows should be identified by basin and pipeline system for City of
Melissa, City of Anna, each pipeline system to be acquired, and the WWTP in
Anna. FNI will utilize data from the GTUA Regional Wastewater Facility
Concept Planning for the Upper East Fork Basin Final Technical Report as a
starting point. FNI will submit draft projections to the cities of Melissa and Anna
and NTMWD, and based on comments received, revise projections as necessary.
FNI will send revised projections to the City and NTMWD for final approval for
use in the Study.
4. Document and Map Existing Infrastructure: FNI will document and evaluate
information on potential infrastructure to be acquired. FNI will prepare mapping
1
showing the Clty limits, E D, and wastewater facilities in the study area,
including:
a. Up to three wastewater interceptors
b. WWTP in City of Anna
c. Location of meters and data
d. Wastewater drainage basins
UEFIS pipelines to the Wilson Creek RWWTP
5. Feasibility Study: FNI will determine the feasibility of each City becoming a
member of the RWWS and UEFIS including:
a. Potential changes to current NTMWD CIP planned plant upgrades and/or
expansions based on projected average daily flow and peak flows
b. Determine and identify benefits of adding additional members to the RWWS
and UEFIS including but not limited to the following:
• Benefits of additional raw water supply in the Regional Water System
• Benefits of additional rate payers in the RWWS
• Additional access points for the City of McKinney
• Protection of water supply
• Any additional benefits
c. Prepare construction cost estimates detailing cost for projected upgrades or
expansions to the UEFIS that may be required to process projected wastewater
flows for the City.
d. Perform financial analysis of acquiring up to three wastewater interceptors
including.
• Document existing debt service and structure
• Calculate minimum contractual take or pay amounts to cover the debt
service and cost of potential impacts to the existing NTMWD CIPs
• Operations and maintenance impacts
b. Draft Report: FNI will summarize findings In a draft report and present one (1)
electronic copy of the draft report to the NTMWD and cities of Melissa and Anna
for review and comment.
7. Review Meeting: FNI will meet with NTMWD, City of Anna, and City of
Melissa staff to discuss results of the study. NTMWD will host the meeting.
8. Final Report: FNI will incorporate comments received from NTMWD, City of
Anna, and City of Melissa and provide fifteen (15) hardcopies and one {1)
electronic copy of the final report to the NTMWD and cities of Melissa and Anna.
The estimated time fio complete the Siudy is approximately six months. Assistance from
NTMWD and the cities in obtaining pertinent data on the existing wastewater systems,
population studies and other existing studies is a portion of this Study.
END QF ATTACHMENT A
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YiOUR} HQMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
October S, 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., October
8, 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 Coarncil Meeting. Please sign the Sign -In -Sheet as a reco�°d of
attendance. If you wish to speak on an open -session agenda item please fill out the
OpinionN"eaker Registration Form
meeting starts.
1. Call to Order.
and turn it in to the City Seci°etary before the
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry,
4. Receive reports from Staff or the City Council about items of community
interest. Items of comnzzrnity interest incllot dea 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 communion event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-08-13 CC Regular Meeting Agenda.doc 1 Posted 10-04-13
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve the "AP Tower TX1009 Development Plat (Maurice
Schwanke)
6. A Proclamation recognizing National Fire Prevention Week. (Chief Gothard)
7. Presentation recognizing Anna Fire Department volunteers and employees.
(Chief Gothard)
8. Presentation regarding the City's ISO Rating. (Chief Gothard)
9. Consider/Discuss/Action regarding a Resolution amending the concept plan
for Natural Springs Park. (Maurice Schwanke)
10. a) Public Hearing: To consider public comments on an Ordinance, approving
a negotiated resolution between the Atmos Cities Steering Committee and
Atmos Energy Corp., Mid -Tex Division regarding the company's 2013 annual
rate review mechanism filing. (City Manager)
b) Consider/Discuss/Action regarding an Ordinance, approving a negotiated
resolution between the Atmos Cities Steering Committee and Atmos Energy
Corp., Mid -Tex Division regarding the company's 2013 annual rate review
mechanism filing (City Manager)
11. Consider/Discuss/Action regarding a Resolution establishing the dates, times,
and places for public hearings for the voluntary annexation of property
generally located east of County Road 286 and West of U.S. 75 containing
approximately 33 acres. (Maurice Schwanke)
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);
contract with Redden Concrete,
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of utility easement.
i. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-08-13 CC Regular Meeting Agenda.doc 2 Posted 10-04-13
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
13. Consider/Discuss/Action on any items listed on posted agenda for October 8,
2013 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
14. Adjourn.
This is to certify that I, Natha Willcison, City Secretary, posted this agenda at
a place readily accessible to the public at the Anna City Hall and on the City
Hall bulletin board at or before 5:00 p.m. October 4, 2013*
Natha Wilkison, City Secretary
l .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.
10-08-13 CC Regular Meeting Agenda.doc 3 Posted 10-04-13
Y{OIIEt} HOMETOW N
Council Meeting: October 8, 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: 10-3-1
Exhibits: ❑Yes ❑ No
Council Meeting: October 8, 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: 10-3-13
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
■
�1
HOMETOWN
Council Meeting: October 8, 2013
Account Code #: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-3�13
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to
speak. The Council is unable to respond to or
up
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
^
other than to make statements of specific
s inquiry or to recite existing policy in
Y{OUA}HOMETOWN
Council Meeting: October 8, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
an Report
Staff Contact: Philip Sanders
Date Prepared: 10-3-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
or° salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the public health and
safety of people in the municipalio� that has arisen after the posting of the agenda.
Council Meeting: October 8, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 Lai
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-3-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
'housekeeping" items required by lain. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve the "AP Tower TX1009" Development Plat (Maurice
Schwanke)
RECOMMENDATION: Staff recommends approval of the consent items.
i
YfOUR}HOMETOWN
Council Meeting: October 8, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 a
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 10/O1/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve the "AP-TX1009" development plat. (Maurice
Schwanke)
SUMMARY: The improvements planned for this site is a telecommunication tower
located outside of the City Limits. A portion of the property, however, is within the City
Limits. No water and sewer utilities are planned for this development and since this
tower is a commercial endeavor within the Cities extra territorial jurisdiction the County
will be issuing the permit for the facility. The development plat meets the standards for
development plats.
PLANNING AND ZONING ACTION:
Zoning Commission will be on October 7t"
Action of this item by the Planning and
RECOMMENDED ACTION: Approval of the Development Plat
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Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: October 8, 2013
Account Code #:_
Budgeted Amount:
AGENDA SUBJECT: Fire Prevention Week Proclamation
Staff Contact: Chief Gothard
Exhibits: ❑Yes ❑ No
SUMMARY: The week of October 6 - 12, 2013 is National Fire Prevention week. The Fire
Department would like to propose a Proclamation declaring this week as Fire Prevention week in
Anna.
This year's theme from the National Fire Protection Association is Prevent Kitchen Fires. The
Fire Department staff will be going to local schools and day cares throughout the week
promoting Fire Safety & prevention.
RECOMMENDATION: N/A
City of Anna Proclamation
WHEREAS, the City of Anna is committed to ensuring the safety and security of all those living in and
visiting our City; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the
locations where people are at greatest risk from fire; and
WHEREAS, home fires killed more than 2,500 people in the United States in 2011, according to the
National Fire Protection Association (NFPA), and fire departments in the United States responded to
370,000 home fires; and
WHEREAS, cooking is the leading cause of home fires in the United States where fire departments
responded to more than 156,000 annually between 2007 and 2011 ; and
WHEREAS, two of every five home fires start in the kitchen; and
WHEREAS, unattended equipment was a factor in one-third of the reported cooking fires; and
WHEREAS, 57% of reported non -fatal home cooking fire injuries occurred when the victims tried to fight
the fire themselves; and
WHEREAS, children under five face a higher risk of non -fire burns associated with cooking than being
burned in a cooking fire
WHEREAS, ANNA'S residents should stay in the kitchen when frying food on the stovetop, keep athree-
foot kid - free zone around cooking areas and keep anything that can catch fire away from stove tops; and
WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and
will therefore be more likely to survive a fire; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and
WHEREAS, ANNA'S first responders are dedicated to reducing the occurrence of home fires and home
fire injuries through prevention and protection education; and
WHEREAS, ANNA'S residents are responsive to public education measures and are able to take
personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, the 2013 Fire Prevention Week theme, "Prevent Kitchen Fires!" effectively serves to remind
us to stay alert and use caution when cooking to reduce the risk of kitchen fires.
THEREFORE, I Mike Crist Mayor of Anna do hereby proclaim October 6-12, 2013, as Fire Prevention
Week throughout this City, and I urge all the people of Anna by checking their kitchens for fire hazards
and using safe cooking practices during Fire Prevention Week 2013, and to support the many public
safety activities and efforts of Anna's fire and emergency services.
Mike Crist
Mayor
Natha Wilkison
City Secretary
Item No. 7
City Secretary use only
City of Anna
City Council Agenda
Council Meeting: October 8, 2013
Account Code #:
Budgeted Amount:
AGENDA SUBJECT: Fire Department Appreciation
Staff Report
Staff Contact: Chief Gothard
Exhibits: Yes No
SUMMARY: The Anna Fire Dept. is a combination department that consists of five paid staff
members, three part time staff and twenty one volunteer firefighters.
The Department responds to over 1020 calls per year, and provides Advanced Life Support
services to the community.
Of the twenty one volunteers; 10 are certified firefighters through the Texas Commission on Fire
Protection, 9 are certified Emergency Medical Technicians, 2 are Emergency Care Attendants,
and 3 are Paramedics.
From January 2013 to September 30, 2013 the members have logged in the following man hours:
15,854 man hours of station time
680 man hours of training.
The members take great pride and ownership in the organization and in the community.
RECOMMENDATION: Present certificate of appreciation to members of the Fire Department.
Item No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
y{OLTg} IIOM�TOWN
Council Meeting: October 8 2013
Account Code #:
Budgeted Amount:
AGENDA SUBJECT: I.S.O. —Class 2 Presentation
Staff Contact: Chief Gothard
Exhibits: X Yes No
SUMMARY: In April the City underwent an LS.O. study. The three areas that were evaluated
were Emergency Communications (Handled by CCSO), Water supply, and Fire Protection.
At the conclusion of the study, the information was graded and the City was graded at a rating of
Class #2.
Mr. Jesse Williams Deputy State Fire Marshal / PPC Oversight Officer will be here to
present the City with a Plaque for achieving the Class 2 ratinE.
Attached you will see that a 2011 study shows in Texas out of 2412 Departments only 132 were
rated at Class 2.
RECOMMENDATION: Accept plaque from Deputy Fire Marshal Jesse Williams
Texas Del p merit of Insurance
State Fire Marshal's Office
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Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: October 8 2013 Staff Contact: Maurice Schwanke
Account Code #: N/A Date Prepared: 10/O1/13_
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution amending the
concept plan for Natural Springs Park. (Maurice Schwanke)
SUMMARY: The City has been approached by Troy Colombo requesting that he be
allowed to place a bat house in Natural Springs Park as part of an Eagle Scout project.
The bat house location is shown on the attached exhibit. The area is located away from
the trails behind a tree line.
PARK BOARD ACTION: At the September 16t1' Park Board meeting it was
recommended that the bat house be allowed to be placed in the park.
RECOMMENDED ACTION: Approval of an amendment to the Natural Springs Parlc.
CITY OF ANNA
RESOLUTION NO.
RESOLUTION APPROVING AN AMENDED CONCEPT PLAN FOR NATURAL
SPRINGS PARK
WHEREAS, on March 25, 2008 the City Council of the City of Anna, Texas (the
"City Council") approved a Concept Plan (the "Plan") for Natural Springs Park
the "Park"); and,
WHEREAS, on February 23, 2010 and January 25, 2011 the City Council
approved a Resolution amending the Plan; and,
WHEREAS, bats and bat habitats are commonly found in and around the City of
Anna, and;
WHEREAS, bats are known to eat large quantity of mosquitos and other flying
insects, and;
WHEREAS, The Parks Advisory Board has recommended that the City Council
amend the Concept Plan for Natural Springs Park by approving the addition of an
artificial bat house;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA THAT
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.
The City Council hereby approves the amended Concept Plan for Natural Springs
Park attached hereto as Exhibit A, and incorporated herein for all purposes.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
8t" day of October, 2013.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
JQ_
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.„.«,.
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_ _ �
Y{OUR} HOMETOW N
Council Meeting: October 8, 2013
Account Code # NA _
Amount: NA
Item No. 10(a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance, approving a
negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp.,
Mid -Tex Division regarding the company's 2013 annual rate review mechanism filing.
SUMMARY: The City of Anna, along with approximately 164 other cities se{ved by Atmos
Energy Mid -Tex Division ("Atmos Mid -Tex" or "Company" ), is a member of the Atmos Cities
Steering Committee ("ACSC"). On or about July 15, 2013, Atmos Mid -Tex filed with the City
an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM")
tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate
review process. This is the first annual RRM filing under the renewed RRM tariff.
The Atmos Mid -Tex RRM filing sought a $22.7 million rate increase system -wide based on an
alleged test -year cost of service revenue deficiency of $25.7 million. The City worked with
ACSC to analyze the schedules and evidence offered by Atmos Mid -Tex to support its request to
increase rates. The Ordinance and attached rate tariffs are the result of negotiations between
ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of
Atmos Mid-Tex's RRM filing.
The Ordinance resolves the Company's RRM filing by authorizing additional revenues to the
Company of $16.6 million system -wide. For purposes of comparison, this negotiated result is
about $11 million less than what ACSC's consultants calculated that Atmos would have been
entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program ("GRIP")
rather than an RRM case. The settlement is expected to increase the average residential
customer's bill by approximately $0.74 per month. An Average Bill Comparison of base rates
has been prepared for residential, commercial, industrial, and transportation customers.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to
resolve the Atmos Mid -Tex 2007 system -wide rate filing at the Railroad Commission. In early
2013, the City adopted a renewed RRM tariff for an additional five years. Atmos Mid-Tex's
July 2013 filing was made pursuant to the renewed RRM tariff.
The RRM tariff and the process implementing that tariff were created collaboratively by ACSC
and Atmos Mid -Tex as an alternative to the legislatively -authorized GRIP surcharge process.
ACSC has opposed GRIP because it constitutes piecemeal ratemalcing, does not allow any
review of the reasonableness of Atmos' expenditures, and does not allow participation by cities
Item No. lea & bL
City Secretary's use only
or recovery of cities' rate case expenses. In contrast, the RRM process has allowed for a more
comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC's
consultants have calculated that had Atmos filed under the GRIP provisions, it would have
received additional revenues from ratepayers in excess of $28 million.
Purpose of the Ordinance:
Rates cannot change without the adoption of rate ordinances by cities. No related matter is
pending at the Railroad Commission. The purpose of the Ordinance is to approve rates (shown
on "Attachment A" to the Ordinance) that reflect the negotiated rate changes pursuant to the
RRM process and to ratify the recommendation of the ACSC Executive Committee.
As a result of the negotiations, ACSC was able to reduce the Company's requested $22.7 million
RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of
new rates that increase Atmos Mid-Tex's revenues effective November 1, 2013.
Reasons Justifying Approval of the Negotiated Resolution:
Consultants working on behalf of ACSC Cities have investigated the support for the Company's
requested rate increase. While the evidence does not support the $22.7 million increase
requested by the Company, ACSC's consultants agree that the Company can justify an increase
in revenues of some lesser amount. The agreement on $16.6 million is a compromise between
the positions of the parties.
The alternative to a resolution of the RRM filing would be a GRIP filing by the Company, based
upon the Railroad Commission's decision in the 2012 rate case. A GRIP filing would entitle the
Company to receive more than $28 million in additional revenues, with ACSC being precluded
from reviewing the reasonableness of the GRIP filing. The ACSC Executive Committee
recommends that ACSC members take action to approve the Ordinance authorizing new rate
tariffs.
No Changes to Residential Customer Charges:
For the first annual filing under the revised RRM tariff, the Company agreed to forgo any change
to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing will not
increase the residential customer charge, and the entirety of the increase to the residential class
will be applied to the commodity (natural gas consumption) component of rates.
Explanation of "Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs ("Attachment A") in all respects and finds
the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note
that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing
tariffs not being changed in any way are not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable ratemaking
costs associated with reviewing and processing the RRM application.
Item No. 10 (a & b)
City Secretary's use only
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any sections) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
7. This section is a "most favored nations" clause. It provides that if the Company
settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities
(including the City) will automatically receive the benefit of those better terms.
8. This section provides for an effective date upon passage.
9. This paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
RECOMMENDATION: The ACSC Executive Committee and ACSC legal counsel
recommend that all ACSC Cities adopt the Ordinance implementing the rate change.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS, APPROVING A NEGOTIATED
RESOLUTION BETWEEN THE ATMOS CITIES
STEERING COMMITTEE AND ATMOS ENERGY CORP.,
MID-TEX DIVISION REGARDING THE COMPANY'S 2013
ANNUAL RATE REVIEW MECHANISM FILING IN ALL
CITIES EXERCISING ORIGINAL JURISDICTION;
DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT
RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT AND FINDING THE RATES
TO BE SET BY THE ATTACHED TARIFFS TO BE JUST
AND REASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES' REASONABLE RATEMAKING
EXPENSES; REPEALING CONFLICTING RESOLUTIONS
OR ORDINANCES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN
EFFECTIVE DATE; PROVIDING A MOST FAVORED
NATIONS CLAUSE; AND REQUIRING DELIVERY OF
THIS ORDINANCE TO THE COMPANY AND THE
STEERING COMMITTEE'S LEGAL COUNSEL.
WHEREAS, the City of Anna, Texas ("City") is a gas utility customer of Atmos Energy
Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an
interest in the rates and charges of Atmos Mid -Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of approximately 164 similarly situated cities served by Atmos Mid -Tex that have
joined together to facilitate the review of and response to natural gas issues affecting rates
charged in the Atmos Mid -Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company's 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review
4166162.1 1
process controlled in a three-year experiment by ACSC Cities as a substitute to the current as
Reliability Infrastructure Program ("GRIP") process instituted by the Legislature; and
WHEREAS, the City tools action in 2008 to approve a Settlement Agreement with Atmos
Mid -Tex resolving the Company's 2007 rate case and authorizing the RRM tariff; and
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff
process for an additional five years; and
WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City
for an additional live years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities'
1•easonable expenses associated with RRM applications; and
WHEREAS, on or about July 15, 2013, the Company filed with the City its first annual
RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates by $22.7
million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex's RRM filing through its
Executive Committee, assisted by ACSC attorneys and consultants, to resolve issues identified
by ACSC in the Company's RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC's counsel and
consultants, recommend that ACSC Cities approve the attached rate tariffs ("Attachment A" to
this Ordinance), which will increase the Company's revenues by $16.6 million; and
WHEREAS, the attached tariffs implementing new rates are consistent with the
negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
4166162.1 2
Section I That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds the existing rates for natural gas service provided
by Atmos Mid -Tex are unreasonable and new tariffs which are attached hereto and incorporated
herein as Attachment A, are just and reasonable and are hereby adopted.
Section 3. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of
the ACSC Cities in processing the Company's RRM application.
Section 4. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 5. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or• clause never• existed.
Section 7. That if ACSC determines any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement approved in any
proceeding addressing the issues raised in Atmos' 2013 RRM filing would be more beneficial to
the ACSC Cities than the terms of the attached tariffs, then the more favorable rates, revenues,
terms and conditions, or benefits shall additionally and automatically accrue to the ACSC Cities,
including the City, without the need for City to take any further• action. If this automatic
adjustment occurs, Atmos Mid -Tex shall promptly thereafter file with the City an amended tariff
documenting the adjustment to rates.
4166162.1 3
Section 8. That this Ordinance shall become effective from and after its passage with
rates authorized by attached tariffs to be effective for bills rendered on or after November 1,
2013.
Section 9. That a copy of this Ordinance shall be sent to Atmos Mid
-Tex, care of Chris
Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle &Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
day of , 2013.
4166162.1 4
Atmos Mid -Tex Tariffs
Effective November 1, 2013
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: 1 R — RESIDENTIAL SALES
APPLICABLE T0: I ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: I Bills Rendered on or after 11/01/2013
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
no
Amount
Customer Charge per Bill
$ 17.70 per month
Rider CEE Surcharge
$ 0.02 per month'
Total Customer Charge
$ 17.72 per month
Commodity Charge — All Ccf
$0.05831 per Ccf
Cost Recovery: Plus an amount for no costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise as calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX,
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
1 Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective Juty 1, 2013.
MIDJEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
C — COMMERCIAL SALES
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 11/01/2013
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
no
Amount
Customer Charge per Bill
$
35.75 per month
Rider CEE Surcharge
$
0.10 per month'
Total Customer Charge
$
35.85 per month
Commodity Charge — All Ccf
$
0.06893 per Ccf
Cost Recovery: Plus an amount for no costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Pius or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Pius an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
1 Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2013.
MIDJEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
I — INDUSTRIAL SALES
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 11/01/2013
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$
620.00
per
month
First 0 MMBtu to 1,500 MMBtu
$
0.2565
per
MMBtu
Next 3,500 MMBtu
$
0.1879
per
MMBtu
All MMBtu over 5,000 MMBtu
$
0.0403
per
MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
MID 1'EX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
I — INDUSTRIAL SALES
ALL CUSTOMERS IN THE MID4EX DIVISION EXCEPT THE CITY OF
APPLICABLE TO:
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 11/01/2013
Agreement
An. Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate 1, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
T—TRANSPORTATION
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
APPLICABLE TO:
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 11/01/2013
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$
620.00
per
month
First 0 MMBtu to 1,500 MMBtu
$
0.2565
per
MMBtu
Next 3,500 MMBtu
$
0.1879
per
MMBtu
All MMBtu over 5,000 MMBtu
$
0.0403
per
MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
unici mpality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, 150% of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in PJatts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
T — TRANSPORTATION
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
APPLICABLE TO:
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 11/01/2013
Curtaiiment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Plaffs Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:
WNA — WEATHER NORMALIZATION ADJUSTMENT
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
APPLICABLE TO:
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 11/01/2013
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Fails.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent
per Ccf by the following formula:
WNAFi = Ri
Where
(HSFi x (NDD-ADD) )
(BLi + (HSFi x ADD) )
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Codf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD - billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA, = WNAFi x qq
Where qq is the relevant sales quantity for the jth customer in ith rate schedule.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER.
WNA — WEATHER NORMALIZATION ADJUSTMENT
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
APPLICABLE TO:
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE.
Bills Rendered on or after 11/01/2013
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 9.97 0.1318 96.50 0.5659
Austin 11.05 0.1262 189.59 0.7195
Dallas 13.13 0.1832 171.84 0.8797
Waco 9.78 0.1262 117.60 0.5774
Wichita 10.99 0.1297 107.70 0.5041
Fails
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division. .
Council Meeting: October 8 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 10/O1/13_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution establishing the
dates, times, and places for public hearings for the annexation of property generally
located east of County Road 286 and west of U. S. 75 containing approximately 33 acres
more or less.
SUMMARY: On December 8tl' of 2010 the City Council accepted and approved a three
year 43.035/212 development agreement with Mixon Realty Company on 33 acres of
Land. Section 5 of the agreement states the following:
"By entering into the agreement shall be deemed to have properly filed
with the City a petition for voluntary annexation, consenting to
voluntary annexation of the Property to be completed upon or after the
end of the Term".
The agreement is attached as information to this report. It is the recommended of the
Staff that the City act on this agreement to ensure protection of land uses adjacent to U.S.
75. Approval of this resolution would establish the public hearing schedule for the
proposed annexation and the staff will send out a notice to the property owner 30 days in
advance of the first public hearing.
RECOMMENDED ACTION: Adopt Resolution to Establish Public Hearing Schedule.
CITY OF ANNA
RESOLUTION NO.
(City Annexation of Property generally located East of County Road 286
and West of U.S 75 containing 33 acres more or less)
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR
PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY.
WHEREAS, in or to better protect the health, safety, and welfare of the citizens of Anna,
the City Council of the City of Anna wishes to consider annexation of certain property
described in Exhibit A; and
WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the
City of Anna, Texas; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section 1.
The City Council of the City of Anna hereby proposes to annex the property Shown in
Exhibit A.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
lSt Public Hearing —November 12, 2013, at 7:30 p.m. at the Community Room, Anna
City all Administration Building, I I I N. Powell Pkwy, Anna, TX
2°d Public Hearing —November 12, 2013, at 7:30 p.m. at the Community Room, Anna
City all Administration Building, 111 N. Powell Pkwy, Anna, TX
PASSED by the following vote of all members of the City Council as present on this the
8t1i day of October, 2013.
AYES
ATTEST:
City Secretary, Natha Wilkison
NAYS
ABSTENTIONS
APPROVED:
Mike Crist, Mayor
CITY OF ANNA, TEXAS
RESOLUTION NO. 201042-04
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND MIXON ENTERPRISE LTD. — MIXON REALTY CO., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE
CITY.
WHEREAS, the City of Anna, Texas (the "City") and Mixon Enterprise Ltd. —Mixon
Realty Co. (the "Owner") desire to enter into a Chapter 43 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Counci!") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The 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 behalf of the City subject to the following:
a) Any changes to the Agreement must be approved by a vote of the City Council at
duly noticed City Council meeting and approved as to form by the City Manager
and the City Attorney.
b) The final Agreement, including any changes thereto, must be signed and
executed by the Owner before December 14, 2010.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8tn
day of December 2010.
ATTEST:
acre . DhskeJ1,Mayor a Wilkison, City Secretary
Res. 2010-12"04 Development Agreement wkh Mbi6{UF {) �dv6��� PAGE 1 OF 1 1240&10
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of
the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly known as a parcel of land in the John Coffman Survey; and as
shown in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code,
Section 2, The
Owner covenants and agrees not to use the
Property for any
use other than
for agriculture,
wildlife management, and/or timber land
consistent with
Chapter 23 of
Page 1
the Texas Tax Code, except for existing single-family residential use of the Property,
during the term of this Agreement.
The Owner covenants and agrees that the Owner will not file any type of subdivision plat
or related development document for the Property with Collin County or the City during
the term of this Agreement.
During the term of this Agreement, the Owner covenants and agrees not to construct, or
allow to be constructed, any buildings on the Property that would require a building
permit if the Property were in the city limits. The Owner also covenants and agrees that
the City's AG —Agricultural District zoning requirements apply to the Property, and that
the Property shall be used only for AG— Agricultural District zoning uses that exist on
that Property at the time of the execution of this Agreement, unless otherwise provided in
this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council. The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though a petition for such annexation had been tendered by the Owner. If
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as an exception to Local Government Code Section 43,052, requiring a
municipality to use certain statutory procedures under an annexation plan. Furthermore,
the Owner hereby waives any and all vested rights and claims that they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
The Owner further agrees that the Owner will not in any manner contest any annexation
of the Property initiated by the City under this Section or any annexation of the Property
completed by the City in accordance with the terms of this Agreement.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code,
the City is authorized to enforce all of the City`s regulations and planning authority that
do not materially interfere with the use of the Property for agriculture, wildlife
management, or timber, in the same manner the regulations are enforced within the City's
boundaries. The City states and specifically reserves its authority pursuant to Chapter 251
of the Texas Local Government Code to exercise eminent domain over property that is
subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. The term of this Agreement (the "Term") is three years from the date that the
City Manager's signature to this Agreement is acknowledged by a public notary. By
entering into this Agreement, the Owner, and all of the Owner's heirs, successors and
assigns shall be deemed to have properly filed with the City a petition for voluntary
annexation, consenting to voluntary annexation of the Property to be completed upon or
after the end of the Term and said deemed petition consenting to voluntary annexation
shall not be subject to withdrawal for a period of one year after the end of the Term.
Upon the expiration of one year after the end of the Term, the Owner shall be considered
to have withdrawn the petition and withdrawn consent to voluntary annexation. This
Agreement shall terminate and be null and void and of no further effect 120 days after
Owner provides written notice of termination to City. Owner, and all of the Owner's
heirs, successors and assigns, consent to voluntary annexation during said 120-day notice
period. Prior to the end of the Term, the City may commence the voluntary annexation of
the Property. In connection with annexation pursuant to this section, the Owners hereby
waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the
Texas Local Government Code that would otherwise exist by virtue of any application,
plan, plat or construction any of the owners may submit or initiate during the time
between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 6. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City at
the following address:
City of Anna
Attn: City Manager
11 I N. Powell Parkway
Anna, Texas 75409
Section
7. This
Agreement shall
run with the Property and be recorded in the real
property
records
of Collin County,
Texas.
Section 8. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 9. This Agreement may be enforced by any Owner or the City by any proceeding
at la�v or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
Page 3
..,_........ �... .... ....w..y.....0 ...,.,..fir,.. ua .. law ...yatuu.g 4IM4;A UUll ha ll ducut LUC
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas.
Section 12. This Agreement may be separately executed in individual couaterparts and,
upon execution, shall constitute one and same instrument.
Section 13. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
ry
Entered into Usgday of . %6 M b < r, , 2010.
of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the/3 day of� 2010, by Philip
Sanders, City Manager, City of Anna, Texas.
Y
' b�"���� , Naths J Wilkison
T
Pub ic, StaL of Texas : i is My Commission Expires
11113*013
OF
Owner 1 t�-fi
Printed Name:
THE STATE OF TEXAS }
COUNTY OF IJgf r✓9 S }
of �..e.�• ZOIO, by
1:��P6a--, BARBARA J BELL
g',�, ;`;' NOTARY PU6l.IC
Stale of Texas
°� Comm. Exp, 09304013
EXHIBIT A
Situated in Collin County, Texas and being part of the Thomas Rattan Survey, Abstract
No. 782 and being a part of the John Coffinan Survey, Abstract No. 197 and being part of
a 104.85 acre tract and all of a 3.5 acre second tract conveyed by Wilburn Lewis Medcalf
and wife Ruby Faye Medcalf to A.W. Powell and wife, Lillian Powell by deed recorded
in Volume 426, page 287 of the deed records of Collin County, Texas and being more
particularly described as follows:
BEGINNING in the South fence line of said 104.85 acre tract and at the Southwest
comer of a 12.226 acre tract conveyed to the State of Texas by deed recorded in Volume
653, page 193 of the deed records of Collin County, Texas, said point also being in the
west right -of --way line of U.S. 75;
THENCE north 17 degrees 01 minutes east a distance of 163.35 feet with the west right-
of-way line of U.S. 75 to a point for comer;
THENCE north 08 degrees 29 minutes east a distance of 999.0 feet with the west right-
of-way line of U.S. 75 to a point for corner;
THENCE north 02 degrees 46 minutes east a distance of 174.67 feet with the west right-
of-way line of U.S. 75 to a point for corner;
THENCE south 89 degrees 35 minutes west a distance of 1,292,0 feet leaving the west
right -of --way of U.S. 75 to a point for corner;
THENCE north 01 degrees OS minutes west a distance of 121.7 feet to a point for corner;
THENCE north 72 degrees 00 minutes west a distance of 41.0 feet to a point for corner
on the east side of C.R. 286;
THENCE south 38 degrees 00 minutes west a distance of 58.0 feet to a point for corner;
THENCE south 31 degrees 07 minutes west a distance of 50.0 feet to a point for comer;
THENCE south 22 degrees 16 minutes west a distance of 50.0 feet to a point for corner;
THENCE south 18 degrees 09 minutes west a distance of 604,75 feet to a point for
corner;
THENCE south 62 degrees 18 minutes east a distance of 1,579.55 feet to the PLACE OF
BEGINNING and containing 33 acres of land more or less.
58.00' S 38d0' W
50.00'S31d7'W-
50.00' S 22d16' W
Mixon LEGAL
IN AREA "D"
41.00' N 72d0' W
121.70'N1d5'W
w
�ws
d'�N
r'z
i
33 ACRES
co
i
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i z
` irn
's�9•� i
SS, 1
ss20'ra%r., i
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POB
Council Meeting: October 8.2013
Account Code #: N/A
Budgeted Amount:
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-3-13
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);
contract with Redden Concrete.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of utility easement.
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.
7�C
IIOMETOWN
Council Meeting: October 8, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-3-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for October 8, 2013 Workshop Session or any Closed Session occurring during
this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Council Meeting :_October 8.2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-3-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.