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HomeMy WebLinkAbout2013-10-22 Workshop & Regular Meeting PacketY{OUR}iiOMETOW2V CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP October 22, 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 22, 2013, at the Anna City Hall Administration Building, located at II 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 potential business prospect. (Jessica Perkins) 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), collection of sales tax; discussion regarding employee insurance payments. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of utility easement. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other 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. 10-22-13 CC Workshop Meeting Agenda.doc Posted 10-18-13 incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); retail business prospects. 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. 5. Consider/Discuss/Action on any items listed on posted agenda for October 22, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 6. 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 18, 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 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. 10-22-13 CC Workshop Meeting Agenda.doc 2 Posted 1048-13 CITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS e GITY OF AIVNA, TEXAS Council Meeting: October 22, 2013 Account Code #: Item No. 3 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Budgeted Amount: Exhibits: Yes X No AGENDA SUBJECT: Briefing/Discussion regarding potential business prospect. (Jessica Perkins) SUMMARY: Staff was introduced to MyCourseRoom.com acouple weeks ago and there is interest from the business to locate in Anna. MyCourseRoom.com is an established online continuing education and training program. The owner/founded Mubina Gillani will be present during the Council workshop and will share about the business and their interest in locating in Anna. MyCourseRoom.com recently added new training programs and is ready to add several staff members. They anticipate adding approximately 20 staff members in the next 12-15 months. STAFF RECOMMENDATION: n/a Y{OUR} IiOR+iETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING October 22, 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 223 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 Cite Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 mninzrtes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 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 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. 10-22-13 CC Regular Meeting Agenda.doc I Posted 10-18-13 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by laiv. 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 September 24, 2013 Regular Meeting. b. Approve City Council Minutes for October 8, 2013 Regular Meeting. c. Approve City Council Minutes for October 15, 2013 Special Meeting. d. Adopt an Ordinance approving the 2013 Tax Roll for the City of Anna. (Clayton Fulton) 6. Consider/Discuss/Action regarding a Resolution authorizing the execution of a Development Agreement with Paula J. Powell. (City Manager) 7. Consider/Discuss/Action regarding a Resolution authorizing approval of an Inter -local Agreement with the City of Melissa to purchase a portion of Anna's minimum take -or -pay obligation under the GTUA/City of Anna potable water contract. (Clayton Fulton) 8. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the North and West Wells Surface Water Supply Line Project. (Rob Woods) 9. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the Slayter Creek Wastewater Interceptor Project. (Rob Woods) 10. 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); collection of sales tax; discussion regarding employee insurance payments, b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of utility easement. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of 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. 10-22-13 CC Regular Meeting Agenda.doc 2 Posted 10-18-13 Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); retail business prospects. 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. 11. Consider/Discuss/Action on any items listed on posted agenda for October 22, 2013 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 12. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. October 18, 2013. i Natha Wilkison, City Secretary 1. The Council tnay 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. 10-22-13 CC Regular Meeting Agenda.doc 3 Posted 10-18-13 Y{QUR} gOMETOW N Council Meeting: October 22 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: 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: 10-17-13 Exhibits: ❑Yes ❑ No y. y{OUR}gOMETOWN Council Meeting: October 22, 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: 10-17-13 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. Y{OUft}gOMETOWN Council Meeting: October 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-17-13 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 up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: Y{pUR}gOMETOWN Council Meeting: October 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-17-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not Including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Meeting: October 22I 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (a _ d) Ciry Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-17-13 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 September 24, 2013 Regular Meeting. b. Approve City Council Minutes for October 8, 2013 Regular Meeting. c. Approve City Council Minutes for October 15, 2013 Special Meeting. d. Adopt an Ordinance approving the 2013 Tax Roll for the City of Anna. (Clayton Fulton) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP September 24, 2013 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., September 24, 2013, at the Anna City Hall Administration Building, located at lll N. Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Pro Tem John Hopewell called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem John Hopewell and Council Members Chad Barnes, Nathan Bryan and Dick Dowd were present. Mayor Mike Crist and Council Members James to Cook and Lauren Lovato were absent. Council did not enter closed session at this time. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071)o b. discuss or deliberate personnel matters: City Secretary Annual Review. (Tex. 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. 4. Consider/Discuss/Action on any items listed on posted agenda for September 24, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. ON A, MANNE1 •C 1 09-24-13 CC Workshop Meeting Minutes.doc 1 09-24-13 5. Adjourn. Council Member Bryan made the motion to adjourn at 0:32 pm. Council Member Barnes seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary John Hopewell, Mayor Pro Tem 09-24-13 CC Workshop Meeting Minutes.doc 2 09-24-13 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING September 24, 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., September 24, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Pro Tem John Hopewell called the meeting to order at 7:30 pm. Council Member Lovato was present for the regular meeting. 2. Invocation and Pledge of Allegiance. Mayor Pro Tem Hopewell gave the invocation. 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. Ken Wilmering spoke on concerns regarding the City's water supply. Teresa Wilmering spoke on concerns regarding the City's water supply. Royale Adams spoke on concerns of semi4rucks on CR 367. 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. Chief Jenks mentioned National Night Out, October 1, 2013 and mentioned Glow Fest coming up October 26, 2013. 09-24-13 CC Regular Meeting Minutes.doc 1 09-24-13 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for September 10, 2013 Regular Meeting. b. Approve Resolution regarding "Lakeview Estates" preliminary plat. (Maurice Schwanke) c. Approve Resolution regarding "Gateway Addition" preliminary plat. (Maurice Schwanke) d. Approve site plan and landscape plan for "CVS". (Maurice Schwanke) e. Approve a Resolution regarding the approval of a Special Event Permit and authorize to execute an Agreement with the Greater Anna Chamber of Commerce for "Glow Fest". (Maurice Schwanke) f. Approve authorization to solicit bids for the Slayter Creek Interceptor Sewer Project. (Rob Woods) g. Approve authorization to solicit bids for North and West Wells Surface Water Supply Line Project. (Rob Woods) h. Approve Resolution authorizing the purchase of emergency" generator. (Rob Woods) i. Approve Resolution authorizing City Manager to execute contract for the construction of a Gazebo at Slayter Creek Park. (Rob Woods) j. Approve Ordinance Authorizing Supplement to the Anna City Code of Ordinances to include all previously adopted amendments. Mayor Pro Tem Hopewell made the motion to break out item 5(i) and approve the remaining consent items. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Mayor Pro Tem Hopewell made the motion to approve item 5 (i) the resolution authorizing the City Manager to execute a contract for the construction of a gazebo at Slayter Creels Park, subject to the City Attorney adding a provision to the agreement requiring a payment bond and a one-year maintenance bond. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 1► 1 6. A Proclamation recognizing the 30t1i Annual National Night Out 2013. (Chief Jenlcs) 09-24-13 CC Regular Meeting Minutes.doc 2 09-24-13 Chief Jenks presented the item to council. 7. a) Public Hearing: To consider public comments on a request to amend the existing Planned Development Single Family Residential (Ordinance No. 133-2004) PD zoning. The owner is requesting changes to the PD zoning by allowing a mixture of 6,000 sq. ft. and 7,200 sq. ft. lots throughout the request without changing the overall density. This proposal is within Tract B (7,200 sq. ft. lots) and Tract C (6,000 sq. ft. lots) of the original ordinance. The subject property is located east of West Crossing Boulevard and north of Hackberry Drive. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Mayor Pro Tern Hopewell opened the public hearing at 7:42 pm. Richard Hovas spoke in favor of the item. Mayor Pro Tem Hopewell closed the public hearing at 7:43 pm. b) Consider/Discuss/Action adopting an ordinance to amend the existing Planned Development SFR zoning to allow a mixture of 6,000 sq. ft. and 7,200 sq. ft. lots throughout the request without changing the overall density. This proposal is within Tract B (7,200 sq. ft. lots) and Tract C (6,000 sq. ft. lots) of the original ordinance. The subject property is located east of West Crossing Boulevard and north of Hackberry Drive. (Maurice Schwanke) Council Member Bryan made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. ConsiderlDiscuss/Action regarding a Resolution approving "West Crossing Phase IV" prenary plat. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Council Member Lovato made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council did not enter closed session at this time. 9. 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 09-24-13 CC Regular Meeting Minutes.doc 3 09-24-13 with Chapter 551 of the Government Code (Tex. Gov't Code §551.071)* b. 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. 10. Consider/Discuss/Action on any items listed on posted agenda for September 24, 2013 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Mayor Pro Tem Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. Adjourn. Council Member Barnes made the motion to adjourn at 7:45 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Mike Crist, Mayor 09-24-13 CC Regular Meeting Minutes.doc 4 09-24-13 MINUTES OF 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 met 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. Mayor Pro Tem John Hopewell called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem John Hopewell and Council Members James T. Coolc, Lauren Lovato, Chad Barnes, Nathan Bryan and Dick Dowd were present. Mayor Mike Crist was absent. 3. Briefing/Discussion regarding Centennial Celebration. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and introduced Sara Cox with the Greater Anna Chamber of Commerce. Ms. Cox briefed council on the Centennial Celebration regarding the celebration being coordinated with the Christmas Parade. 4. Briefing/Discussion regarding NTMWD wastewater system membership (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Bryan made the motion to enter closed session at 6:48 pm. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); contract with Redden Concrete. ]0-08-13 CC Workshop Meeting Minutes.doc 1 10-08-13 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. Council Member Bryan made the motion to return to open session at 7:10 in. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 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. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 7. Adjourn. Council Member Bryan made the motion to adjourn at 7:11 pm. Mayor Pro Tem Hopewell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Mike Crist, Mayor 10-08-13 CC Workshop Meeting Minutes.doc 2 10-08-13 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING October 8, 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., October 8, 2013, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a �^eco�^d 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 DO) Secretary before the meeting starts. 1. Call to Order. Mayor Pro Tem John Hopewell called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Pro Tem Hopewell gave the invocation. 3. Citizen comments. Citizens are allowed 3 minartes to speak. The Council is unable to respond to or discuss any issues that are brought 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 COmnllftllty Interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules, an honoriny 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. Flu shot clinic October 10, 2013 3:00 pm to 7:00 pm. 10-08-13 CC Regular Meeting Minutes.doc 1 10-OS-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) Council Member Coolc made the motion to approve the consent items. Council Member Barnes seconded the motion. Motion passes. 6. A Proclamation recognizing National Fire Prevention Weelc. (Chief Gothard) Chief Gothard presented the item to council. 7. Presentation recognizing Anna Fire Department volunteers and employees. (Chief Gothard) Chief Gothard presented the item to council. 8. Presentation regarding the City's ISO Rating. (Chief Gothard) Chief Gothard presented the item to council and introduced Mr. Jesse Williams, Deputy State Fire Marshal/.MC Oversight Officer, Mr. Williams presented a plaque for achieving the Class 2 rating. 9. Consider/Discuss/Action regarding a Resolution amending the concept plan for Natural Springs Pa, . (Maurice Schwan lce) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mr. Schwanlce introduced Troy Colombo who is requesting the bat house be located at Natural Springs Park as an Eagle Scout Project. Council Member Bryan made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 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) City Manager, Philip Sanders presented the item to council Mayor Pro Tern Hopewell opened the public hearing at 7:57 pm. There was no public comment. Mayor Pro Tem Hopewell closed the public hearing at 7:58 pm. 10-08-13 CC Regular Meeting Minutes.doc 2 10-08-13 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) Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 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 Schwanlce) Maurice Schwanlce, Director of Planning and Development presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Dowd seconded the motion. Motion passes. NAY 0 ABSTAIN 0 Council did not enter into 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); 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. 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. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. 10-08-13 CC Regular Meeting Minutes.doc 3 10-08-13 AYE 6 NAY 0 ABSTAIN 0 14. Adjourn, Council Member Cook made the motion to adjourn at 8:02 pm. Mayor Pro Tem Hopewell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 10-08-13 CC Regular Meeting Minntes.doc 4 10-08-13 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL SPECIAL MEETING October 159 2013 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Special Session at 6:30 p.m., October 15, 2013, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll call and Establishment of Quorum. Mayor Milce Crist and Council Members Lauren Lovato, Nathan Bryan and Dick Dowd were present. Council Members James T. Cook, John Hopewell and Chad Barnes were absent. Council Member Bryan made the motion to enter closed session at 6:37 pm. Mayor Crist seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate personnel matters: City Secretary Position. (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 Member Bryan made the motion to return to open session. Council Member Lovato seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 4. Adjourn. Council Member Bryan made the motion to adjourn at 7:00 pm. Council Member Dowd seconded the motion. Motion passes. NAY 0 1► 1 10-15-13 CC Special Meeting Minutes.doc 1 10-15-13 ATTEST: Natha Willcison, City Secretary APPROVED: Mike Cr1St, Mayor 10-IS-13 CC Special Meeting Minutes.doc 2 10-15-13 n Y{OUR.} HOMETOW N Council Meeting: October 22, 2013 Account Code #: Budgeted Amount, Item No. 5 (CI City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Exhibits: 0 Yes ❑ No AGENDA SUBJECT: Adopt an Ordinance approving the 2013 Tax Roll for the City of Anna. SUMMARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. Texas Property Tax Code, section 26.09, requires cities to pass an ordinance approving the 2013 Tax Roll. RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance approving the 2013 Tax Roll for the City of Anna. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE APPROVING THE 2013 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2013 Tax Roll for the City of Anna, Texas (the "City") to the City Council of the City of Anna, Texas (the "City Council") for approval; and WHEREAS, the City Council is required by statute (Texas Property Tax Code Section 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has review the 2013 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, now therefore; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT. Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Tax Roll Approved. The 2012 appraisal roll is accepted as constituting the 2013 tax roll for the City and said tCIA roll is hereby approved by the City Council. PASSED by the City Council of the City of Anna, Texas, this 22"d day of October, 2013. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist Page 1 of 1 10-22-2013 September 30, 2013 Mike Crist, Mayor City of Anna P. O. Box 776, Anna, TX 75409 Dear Mayor Crist, Attached is the 2013 Tax Roll Summary for the City of Anna. Submission of the 2013 Tax Roll to your governing body for approval, in accordance with Texas Property Tax Code, Section 26.09, will constitute the 2013 Tax Roll for City of Anna. Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience. While this is a formality in the Texas Property Tax Code, we do want to fulfill the requirements of the law and do appreciate your cooperation. If you have any questions, please let me know. Sincerely, r ICenneth L. Mann Fax Assessor Collector Cc: Philip Sanders, City Manager Clayton Fulton, Finance Director Run Date: September 26, 2013 Collin County Page 8 of 72 2013 TAX ROLL SUMMARY Amount NUMBER OF ACCOUNTS MARKET VALUES ROLLCODE: MOBILE HOME Improvement $348,744 Improvement Non -Home Site $89,183 ROLLCODE: PERSONAL Personal $21,674,172 ROLLCODE: REAL Aqriculture $791509,221 Improvement $247,338,219 Improvement Non -Home Site $37,613,578 Land $101,808,152 Land Aq Land $1,149,808 Land Non -Home Site $433880,100 TOTAL MARKET VALUE $533,411,177 DEFERRALS Aq $79,5099221 TOTAL DEFERRALS $791509,221 EXEMPTIONS Cap Adjustment $1,315,115 Disabled Veteran $21002,603 Energy $25,195 Nominal Value $1,879 Other Exemption $131462,513 Over 65 $8,860,720 TOTAL EXEMPTIONS $25,668,025 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $105,177,246 TOTAL MARKET VALUE $533,411,177 TAXABLE VALUE $428,233,931 ROLLCODE: MOBILE HOME Levy $21828.65 ROLLCODE: PERSONAL Levy $140,925457 ROLLCODE: REAL Levy $2,641,188480 TOTAL LEVY $2,784,943*02 LEVY LOST DUE TO FROZEN $0,00 07 - ANNA CITY Count 4,699 215 223 52 1 11 177 303 111 276 4,312 TaxRollSummary.rpt Revised September 26, 2013 Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report X{OUR}IiOMETOWN Council Meeting: October 22, 2013 Account Code # Amount: AGENDA SUBJECT: Consider/Discuss/Action Development Agreement with Paula Powell. Staff Contact: City Manages• Exhibits: X Yes ❑ No regarding a Resolution approving a SUMMARY: The City has negotiated a Development Agreement with Paula Powell regarding the future development property located in the City's extraterritorial jurisdiction. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA AND PAULA J POWELL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the y") and Paula J. Powell (the "Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government Code Development Agreement (the "Agreement"); and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") 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. The Agreement is not valid unless properly executed by the City Manager. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22"d day of October 2011 APPROVED: ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 y{OUR.}gOMETOWN Council Meeting: October 22 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 10/17/13 Exhibits: Cif Yes ❑ No AGENDA SUBJECT: Approve a Resolution authorizing approval of an Inter -local Agreement with the City of Melissa to purchase a portion of Anna's minimum take -or - pay obligation under the GTUA/City of Anna potable water contract. SUMMARY: As a member of the Collin Grayson Municipal Alliance (Cities of Anna, Melissa, an Alstyne, and Howe), each city has a minimum take or pay (MT/P) agreement with the Greater Texoma Utility Authority and the North Texas Municipal Water District for 59,312,500 gallons of ground water annually at a cost of $1.75 per thousand gallons. Should any member City exceed the MT/P, excess water use will be billed at $0.40 per thousand gallons; however, the MT/P will increase for that member city in the ensuing water year causing an increase in water costs for that city. For the water year ended July 31St, 2013 the City of Melissa exceeded their MT/P by 52,965,500 gallons. The other member cities did not exceed their MT/P amount. In order for the City of Melissa to avoid an increase in their MT/P for the 2014 water year, it has been recommended that the City of Melissa purchase the excess capacity from the other three member cities for the 2013 water year. The remaining members may sell 17 655 166.6 gallons each to Melissa at a rate of $1.075 per thousand gallons (rate is determined by averaging the MT/P rate of $1.75 and the excess water rate of $0.40). If approved, the City of Melissa will thus pay the City of Anna $18,979.30. An agreement to sell excess water to Melissa for the 2013 water year will not have any effect upon the 2014 water year or upon Anna's MT/P volume or obligations. RECCOMENDATION: Approve the resolution authorizing the ILA with the City of Melissa. CITY OF ANNA, TEXAS Formatted: Font: Bold RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS RELATED TO AN INTER -LOCAL AGREEEMNT BETWEEN THE CITIES OF ANNA AND MELISSA UNDER WHICH THE CITY OF ANNA AGREES TO TRANSFER A PORTION OF ITS CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF MELISSA IN EXCHANGE FOR AN AGREED PAYMENT FROM MELISSA AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENT WHEREAS, the City of Anna has previously authorized and executed agreements with Formatted: Font: Bold the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the City of Anna has chosen to not accept delivery of water through the end Formatted: Font: Bold of the 2013 water year (ended July 31, 2013) and desires to transfer a portion of its obligated minimum take or pay for said 2013 water year to the City of Melissa for consideration detailed in an interlocal agreement pertaining to said water year, said agreement being entitled INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MELISSA, TEXAS / Formatted: Font: Bold AND THE CITY OF ANNA, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF ANNA'S MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA-CITY OF ANNA POTABLE WATER SUPPLY CONTRACT ; and WHEREAS, the City of Melissa_has indicated interest in purchasing a portion of the City . Formatted: Font: Bold of Anna's minimum take or pay for the water year ended July 31, 2013 as explained in a memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated October 2013 by Don Paschal, consultant to said cities, which comment [cmi]: Check the Gate on memorandum is attached to said Interlocal agreement as Exhibit A•> and Don Paschas1's memo ctthe :version 1 receivedis'dated October 2, 2013. WHEREAS, it is acknowledged that similar agreements are contemplated between the Formatted: Font: Bold City of Melissa and the other CGMA-GTUA cities (including Howe and Van Alstyne). �10W, THEREFORE, BE IT RESOLVED by the City Council of the City of /' Formatted: Font: Bold that: tSECTION I: The City Council of the Cif of Anna authorizes the execution by the City /Formatted: Font: Bold Manager of the attached Interlocal agreement with the City of Melissa for the terms detailed therein providing for the following: A. Transferring a portion of Anna's GTUA required minimum take or pay to Melissa. B. Invoicing Melissa for the agreed portion of the 2013 water year minimum take or pay. C. Accepting Payment from Melissa. as provided for in the attached Interlocal agreement. ,SECTION 2: It is specifically provided that the participating cities shall have the right to verify � Formatted: Font: Bold quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of seconded by the above resolution was approved by the City Council of the City of Anna at its meeting held this day of , 2013, by the following vote: AYE City Secretary, City of Anna (SEAL) NAY ABSTAIN Mayor, City of Anna INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MELISSA, TEXAS AND THE CITY OF ANNA, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF ANNA'S MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA-CITY OF ANNA POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT (this "Agreement") is made and entered by and between the CITY OF MELISSA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Melissa", and CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation hereinafter referred to as "Anna", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Melissa and Anna are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Melissa and Anna to enter into interlocal agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority ("GTUA") for the planning, construction, funding, and operations of a surface water supply system to collectively serve Melissa and Anna, as well as the City of Van Alstyne, Texas ("Van Alstyne") and the City of Howe, Texas ("Howe") (each municipality referenced herein either by name or as "Participating City"), which agreement specifies the obligations of each Participating City; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply provg that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2012-2013 ended July 31, 2013 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the City of Melissa actually received delivery of water and which water delivery equaled the Melissa MT-P; and WHEREAS, Melissa has a predecessor agreement with NTMWD for delivery of water through a separate water delivery point, which delivery point has a separate and distinct MT-P, which exceeded the MT-P entitling Melissa to said excess water purchase (over MT-P) at a significantly discounted purchase rate; and WHEREAS, Anna desires to sell a portion of its unused MT-P and Melissa desires to purchase a portion of Anna's unused minimum MT-P as defined in this Agreement thus allowing Anna to recover a portion of the purchased but unused MT-P for the stated water year; and MT-P Transfer agreement for 2013 water year —Melissa/Anna -Page 1 WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the October 2, 2013 memorandum attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, MELISSA and ANNA, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: TERM This Agreement shall apply to the NTMWD water year ended July 315 2013 and shall be executed and consummated in full between November 1, 2013 and December 31, 2013 and shall not apply to subsequent water volumes or water years unless by amendment to this Agreement. II. GENERAL SCOPE OF AGREEMENT Anna shall transfer 17,655,166.E gallons (17,655.166 one thousand gallon increments) of MT-P water to Melissa for the water year ended July 31, 2013 and Melissa shall remit to Anna a payment for said transfer of MT-P at the rate of $1.075 per thousand gallons totaling in the sum of $18,797.30 as payment in full for said portion of Anna's MT-P. Following execution of this Agreement, Anna shall submit to Melissa an invoice for the transfer of the described MT-P for the above stated sum and Melissa shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before December 31, 2013. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of Melissa and Anna approve this Agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. Anna, following approval of this Agreement by Melissa, shall submit to Melissa an invoice for the referenced 17,655,166.6 gallons of MT-P water in the amount of $18,797.30. 3. Melissa shall remit to Anna the above stated payment for the transferred MT-P within fifteen (15) working days of the receipt of the Anna invoice. 4. If either party wishes to verify the metered quantities of water or the portion of the minimum take or pay to which this Agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. TERMINATION The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Melissa MT-P Transfer agreement fot• 1013 water year — Melissa/Anna -Page 2 and Anna herein recognize that the continuation of any future contract after the termination of this Agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this Agreement, or should either City fail to execute this Agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Melissa and Anna, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, costs, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Melissa and Anna agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer 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. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held 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 the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days' written notice. X. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County,, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. MT-P Transfer agreement for 2013 water year —Melissa/Anna -Page 3 It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either city. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer agreement for 2013 water year —Melissa/Anna -Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. Date: APPROVED AS TO FORM: CITY ATTORNEY Date: CITY OF MELISSA9 TEXAS By: Jason Little City Manager CITY OF ANNA, TEXAS By: Philip Sanders City Manager APPROVED AS TO FORM CITY ATTORNEY MT-P Transfer agreement for 2013 water year —Melissa/Anna. -Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2013, by , Home Rule City, on behalf of said municipality. STATE OF TEXAS § COUNTY OF COLLIN § of the City of Melissa , Texas, a Texas Notary Public, State of Texas This instrument was acknowledged before me on the day of , 20133 by , , of the City of Anna, Texas, a Texas Home Rule City, on behalf of said municipality. Notary Public, State of Texas MT-P Transfer agreement for 2013 water year —Melissa/Anna -Page 6 Exhibit A Attach copy of October 2, 2013 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City MT-P Transfer agreement for 2013 water year —Melissa/Anna -Page 7 DONALD E. PASCHAL, J Rn 904 Parkwood Court McKinney, TX 75070 Tel. & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers Subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City Date: October 2, 2013 The City of Melissa has used water in excess of their required GTUA-CGMA minimum take or pay (MT/P) through the North Texas Municipal Water District (NTMWD) agreement for the water year ended July 31, 2013. Based on the precedent initiated in 2010 and continued through 2012, a member City may acquire a portion of the MT/P from other CGMA member Cities at an agreed price. If there were no other source of water, the price would be the standard CGMA-GTUA price based on the MT/P. In the case of Melissa, however, they could intentionally curtail consumption from their previously existing supply meter with NTMWD (original NTMWD meter) and shift consumption to the GTUA-CGMA meter. This action kept the original meter from ratcheting up to a significantly higher MT/P and provided the other CGMA Cities an opportunity to recoup a portion of the MT/P water cost paid during the water year. Melissa proposes to purchase the extra water taken (over Melissa's MT/P) from the CGMA-GTUA System at the average price between that which they would have paid if taken from the original NTMWD meter and the GTUA-NTMWD rate. The details of the proposed transaction are provided below; the explanation and process are intended to be as simple as possible. The basic concept is that the other three CGMA Cities (Anna, Van Alstyne, and Howe) sell an equal portion of their MT/P to Melisa at the price / cost of that water as detailed below; this summary is an update of the same document from last year. Background: • CGMA City MT/P: The base MT/P water purchase (minimum contract provision that the GTUA- CGMA system has with NTMWD for water) is a total of 237,250,000 gallons of water annually (MT/P amount) which represents 237,250 one -thousand gallon increments (K gals). Each CGMA City is responsible for 59,312.5 K gals plus pumping and related cost). Once all four CGMA Cities reach the MT/P, excess water is charged to that respective City at the cost then in effect for volumes (plus proportionate pumping and related costs) over the 59,312,500 gallons. • For the recently ended water year, only Melissa has taken water except for minor maintenance and chlorination water requirements. The other three Cities have held off taking the water relying instead on their ground water supplies (the transmission system is fully complete and functional so Cities may begin taking as desired; it is noted Anna is now taking water but did not during the water year). • Melissa actually takes /receives water from two points of delivery: one being the original Melissa connection with McKinney to receive water from NTMWD which dates back about 25 years and the second being the GTUA — CGMA transmission system. Each of these connections is separately metered; the original meter has a MT/P like the GTUA system. For the recently ended water year, the Melissa original meter consumption was 211,360,000 gallons (which was less than taken through the original meter in 2012). Melissa actual use from the GTUA — CGMA meter was 112,278,000 gallons or 112,278 K gallons which was 52,965,500 gallons over their MT/P. Stated in water billing terms (1000 gallon increments), this represents 52,965.5 K gallons (1000 gallons). • Melissa proposes to purchase the water in excess of the CGMA MT/P from the other three CGMA Cities. Melissa could have purchased more excess water from their original meter at $0.40 / K gals (the 2013 excess water rate); the standard rate for the recently ended water year (2012) was $1.75 / K gals (same water rate as GTUA — CGMA contract rate, which was the NTMWD customer rate). • As in 2012, Melissa could saved some costs by maximizing the consumption from the original line since that consumption would have been at the excess water rate which would represent savings in water purchase costs by paying the excess water rate applicable to the original meter. However, such action would have resulted in a very large increase in the MT/P for the original meter, Melissa believed that moderation for that meter was more prudent in the long term, thus opening the opportunity for the other three CGMA Cities to sell a portion of their MT/P from the GTUA-CGMA meter to Melissa. Thus, this allows Melissa to keep a lower MT/P on the original meter for future years while helping to use a portion of the other CGMA Cities MT/P and reimbursing the other three CGMA Cities a small portion of their MT/P. • The cost calculations for the above described MT/P transaction that was agreed to in 2012 by the CGMA Member Cities was $0.99 / MGD, which was determined by averaging the MT/P water cost with the NTMWD customer city rate. This rate was a compromise between their normal CGMA Member City rate and the NTMWD Customer City Excess Water Rate as illustrated below: 2012 data Entities CGMA MT/P water / 1000 GPD Melissa Excess Water Average rates $1.54 $0.44 $0.99 • It was noted in 2011 that this methodology could be used until all cities begin using the contract Additionally, it actually encourages a City with another option to use a portion of the CGMA Cities MT/P by allowing that City to preserve other sources of water or to keep the other MT/P lower, at least up to the time that all the CGMA Cities are using their MT/P. Applying this same principal to the 2013 water year results in the following calculation: 2013 Proposed Purchase / Sell rate Entities CGMA MT/P water 11000 GPD Melissa Excess Water Average rates $1.75 $0.40 $1.075 Implementation Results: • Melissa will agree to purchase from each of the other three CGMA Cities (Anna, Van Alstyne, and Howe) one-third of the volume over Melissa MT/P which was a total overage of 52,965,500 gallons. That volume divided by three results in 17,655,166.E gallons that each of the other three CGMA Cities can sell to Melissa; broken into 1000 gallon increments the amount is 3 17,655.166 K gallons per City (Anna, Van Alstyne, and Howe). • Anna, Van Alstyne, and Howe can agree to sell the above noted total of 52,965,500 gallons of water to Melissa at the agreed rate; each of these three cities share of the sale of 17,655,166.6 gallons or 17,655.166 K gallons. At the 2013 calculated rate (see table) of $1.075 / K gals, Melissa will thus pay to each of the three cities the amount of $18,979.30 (rounded to nearest penny). Process /Steps: 1. GTUA has verified the volumes from NTMWD billings; the above is believed to be the final calculations of water purchased by meter. 2. Each of the three selling Cities will adopt a Resolution authorizing an inter -local agreement to sell the above noted MT/P to Melissa at the agreed rate. 3. Melissa will adopt a Resolution authorizing an inter -local agreement to purchase the above noted MT/P from the three respective Cities at the agreed rate. 4. An inter -local agreement will be attached to each of the Resolutions noted in items 2 & 3 detailing the provisions of the sale / purchase between the selling CGMA Cities (Anna, Van Alstyne, and Howe) and the purchasing City (Melissa). 5. Following approval of Resolutions and execution of the inter -local agreements, Melissa will be able to pay the respective city for the agreed purchase. This can be completed as early in the 2014 fiscal year as the respective cities complete authorization of the stipulated Resolutions and Interlocal Agreements. . 6. Consultant will be pleased to draft the respective Resolutions based on the same or similar Resolutions adopted in 2012. 7. It is suggested that this document be attached as a reference document to the inter -local agreement to help clarify the concept and to serve as a future reference. X{OUR}HOMETOWN Council Meeting: October 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Robert Woods Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the North Well and West Well Surface Water Supply Project. SUMMARY: Staff received approval for the advertising covering the construction of North Well and West Well Surface Water Supply project at the September 24, 2013 council meeting. A Request for Bidders was advertised on September 26 and October 3, 2013. Bids on the construction plans for this project were opened on October 10, 2013, The City received six bids the lowest qualified bid was from Dickerson Construction Company Inc. in the amount of $680,795.75. Upon review and tabulation from the consulting engineer and staff, Dickerson Construction Company Inc. was selected. The low bid received covering the North Well and West Well Surface Water Supply Project is $680,795.75. RECOMMENDATION: The city's consulting engineer on this project has checked references provided in the bid, and has found that Dickerson Construction Company Inc. has a record of satisfactorily completing projects similar to this project, and they appear to have the necessary equipment and appropriate financial means to properly pursue this work. Staff recommends approval of the attached Resolution which awards the construction contract to Dickerson Construction. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANIMA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH DICKERSON CONSTRUCTION COMPANY INC. FOR THE NORTH WELL AND WEST WELL SURFACE WATER SUPPLY PROJECT. WHEREAS, on September 24, 2013 the City Council of the of the City of Anna, Texas (the City Council) authorized the Staff to solicit competitive bids for the Project; and, WHEREAS, the City, having solicited competitive bids in accordance with State law, opened said bids on October 10, 2013; and, WHEREAS, Dickerson Construction Company Inc., is the apparent low bidder having submitted a bid of $680,795.75; and, WHEREAS, the City Council desires to award the Project bid to and execute a contract with Dickerson Construction Company Inc. for construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Contract. The City Council hereby approves the Contract for the North Well and West Well Surface Water Supply Project, and authorizes, ratifies and approves the City Manager's execution of same subject to final legal review and approval by the City Attorney, The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22"d day of October 2013. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 4614390 10HN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.B. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.S. Mr. Philip Sanders City Manager City of Anna 111 North Powell Parkway Anna, Texas 75049 Re: North &West Wells Surface Water Supply Line Project Dear Mr. Sanders: Phone (214) 361-7900 October 18, 2013 We have checked the bids received at 2;00 p.m., Thursday, October 10, 2013, for the North &West Wells Surface Water Supply. Dickerson Construction Co., Inc. of Celina, Texas submitted the low bid in the amount of $6$0,795.75. We have reviewed their statement of qualifications and references provided and find that Dickerson Construction Co., Inc. has a record of satisfactorily completing similar projects. Accordingly, based on this information, we recommend that the City accept the bid from Dickerson Construction Co., Inc. and award them a contract in the amount of $680,795.75, We are available to discuss our recommendation further at your convenience. Sincerely , t 'raig M. Kerkhoff, P.E. Enclosures cc: Ms. Natha Wilkison Mr. Robert Woods, P.E. Texas American Public lf'orlcs• Association 2012 Awardee Environmental Project of the Year $2 Million — Fyke Road Lift Station Replacement j:lclericaAanna�2612-145 surface water implementationlo6cw we�Lv surface wsNelt�TsVcUccommendation.docx Texas Firm F526 �w xiouR,}xorKExowrr Council Meeting: October 22, 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: Robert Woods Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the Slayter Creels Interceptor Sewer Main Project. SUMMARY: Bids on the construction plans for this project were opened on October 10, 2013. The City received six bids the lowest qualified bid was from Dickerson Construction Company Inc. in the amount of $661,432.00. Staff received approval for the advertising covering the construction of Slayter Creels Interceptor at the September 24, 2013 council meeting. A Request for Bidders was advertised on September 26 and October 3, 2013 and staff received six (6) responses. There were minimal errors in two of the bidders' bids however this had no change on the order of bidders. Upon review and tabulation from the consulting engineer and staff, Dickerson Construction Company Inc. was selected. The low bid received covering the Slayter Creels Interceptor Sewer Main Project is $661432.00. RECOMMENDATION: The city's consulting engineer on this project has checked references provided in the bid, and has found that Dickerson Construction Company has a record of satisfactorily completing projects similar to this project, and they appear to have the necessary equipment and appropriate financial means to properly pursue this work. Staff recommends approval of the attached Resolution which awards the construction contract to Dickerson Construction Company Inc. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH DICKERSON CONSTRUCTION COMPANY INC. FOR THE SLAYTER CREEK INTERCEPTOR SEWER MAIN PROJECT . WHEREAS, on September 24, 2013 the City Council of the of the City of Anna, Texas (the City Council) authorized the Staff to solicit competitive bids for the Project; and, WHEREAS, the City, having solicited competitive bids in accordance with State law, opened said bids on October 10, 2013; and, WHEREAS, Dickerson Construction Company Inc., is the apparent low bidder having submitted a bid of $661,432,00; and, WHEREAS, the City Council desires to award the Project bid to and execute a contract with Dickerson Construction Company Inc. for construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Contract. The City Council hereby approves the Contract for the Slayter Creek Interceptor Sewer Main Project, and authorizes, raes Cl" approves the City Managerto execution of same PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22"d day of October 2013. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKIIOFPI P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR„ P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P,E, Mr. Philip Sanders City Manager City of Anna 111 North Powell Parkway Anna, Texas 75049 Dallas, Texas 75243 Fax (214) 461-3390 Phone (214) 361-7900 Rc: Slaytcr Creek Interceptor Sewer Project Dear Mr. Sanders: October 18, 2013 We have checked the bids received at 3:00 p.m., Thursday, October 10, 2013, for the Slayter Creek Interceptor Sewer project. Dickerson Construction Co., Inc. of Celina, Texas submitted the low bid in the amount of $661,432.00: Base Bid ............................................ $642,832.00 Additive Alternate No. 1 18 600.00 $6615432.00 We have reviewed their statement of qualifications and references provided and find that Dickerson Construction Co., Inc. has a record of satisfactorily completing similar projects. Accordingly, based on this information, we recommend that the City accept the bid from Dickerson Construction Co., Inc, and award them a contract for the Base Bid plus the Additive Alternate in the amount of $661,432.00. We are available to discuss our recommendation fiu°then at your convenience, Sincerely 'raig M. Kcrkhoff, RE, Enclosures cc: Ms. Natha Wilkison Mr, Robert Woods, P.E. Texas Amefdcare Puhlrc Works Asrociatinn 2012 Atvardee Eravironntental Project of the Year $2 Million — Fyke Road Lift Station Replacement j:lcleticallnnna12012-144 slaytcr creek interceptor seweAlelmrslkUecommentionstayter.dnex T�.ras Firm F52G Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 8, 2013 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 10-17-13 Budgeted Amount: N/A 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). collection of sales tax; discussion regarding employee insurance payments, b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of utility easement, c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); retail business prospects. 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. Y{OUR} HOMETOWN Council Meeting: October 22I 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-17-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for October 22, 2013 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: r Council Meeting:_October 22.2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-17-13 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.