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2013-11-12 Workshop & Regular Meeting Packet
�.■ 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/Spealcer Registration Fol�n. Please hand the Opinion/Spealcer Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS 't~ittJUt }�t5t�f � 1 At=�Ih1 I'+It�vG>ta>Ibctt• i2, �013 �i.�tl g,m� -- A�arin Cite i-lall Atlaxtitaistt•.ttitr�a Builtliaa�► The City Councjl t�f fh� Cify ofnnta will taa€et in W©�°kslzol� Sessican fat G:3�i }�.rn., Novemb :r 12. 2013, sit the Anna City Hall Administration Building, located tat l 11 N, Powell Parkway (I lwv 5)}, regarding the folloiving items: 1. Call to C�rcica`, 2, doll Call and Estahlishtaacnt of Quorum, 3. I3rit�tatr I�iscttssjoti i'e�ardjn�; larolaostal l�}` bt�cb(�11 for to iaat}bi1t apj�: (,lcssic.ta Perkins) 4, 13z'ic:li�t�ll)ist�ltssic�ta a�c��tat•clis�� �ssist�tacc tta l�ircl'i�(atet•ti Cat=tatat trl�l�lc�atic?ta, (Claict' +Clothard) 5. Cs'I,(�SI=;I� �F;�;1t�N (�,KCIP`I'IC3iti`S}; Utacler r1"ex• C'ro��'i C:otlt~ Claajatc�r 551?the City Ct�ttncil iaata�r c;tatcr itato closccl scssioza to li,scuss tarn• itcttas li;~tetl or referenced on this agenda under the following exceptions, a. consult with le;tZl ccratnsel re. �at•tlita� laendiaa� or �:oaateta1lalat4d Iiti htion aladloa ota matters iaa which the Batty of the attottac67 to the governmental body under the 'I`e;xas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government, Code (Tex.. (,.oy't Code §55I.071 ; b. discuss or deljEaerafc the purchase, exchange, lease, or value of real pro�crty (Tex. �av't Ctatle �5�lia'72); ac�1uisjfjon of land for hike and bike trail. citsGtt55 ot• deliberate pGrsontael anattOrs; Cite Secrt~ittry Annual I�c��icv/L7ptltatc�? City NNlana�cr tltinuttl Rc�vitsv�'. (l"e� Gorr't C".trtlt: 11 5519074). I,'rlte [.:�nacit uine• ��alc rutdlor act town uclt Ol`tlie itenti listed in ttris ngcada, 2. The Cuwtcil rs`servcs the right to retire into e1ccutivc session converttiog nay ttf the itcnts tistezl on this agenda, tehcttet�cr it is considered necessary aixC 1ctz+IlyjusEi�c�1 under the Cytjerr t�4cetin� Act, . Persons Leith it disability who want to attend tlds meeting ttho map nced a.",31 i,ntce should contact the City *ccrctaty at 972 9 4= 323 two workiuon days litkv to the meeting say that approprinte nrrnngenicnts can N, made. ! I-12-13 CC Workshop Mceting rlgend;l,[loc 1 Posted 1 Its-13 d, discuss or deliberate LCOtlotTt1C 1yeve10prilent Negotiations: (1) Tit discuss oi• deliberate regarding; commercial oi• financial information that the City has received fijont a business prospect that the City seeks to have locate, slay, oil expand in or near the territory of the City of Atina and with which. the City is conducting; economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a bt1,94108S Iarospec:t (108 14Ibed by subdivision (1). ` mum Gov't Code §551.087); proposed mixed use development. "1'hc council fitrtlter resct•vcs the right to elttelittttr e�ectitivc session ztt any time throughout any duly noticed meeting wider any applicable exception to the Open Meetings Act, S. Canscier,�L�iscttsslActiol� cat": anyr iieltis listed on posted agettcic-t for Nr}vetnbet• l�, 2013 City of Anita City Council Regular Mec•tin,g or any Closed Session Occurring during this Workshop, as necessary. �. Adjourn. This is to ccrtifjthat T, Philip Sanders, City Ma�tagcl•, posted this agenda at a plaice readily accessible to the public at the Anna City Hall and can the City Hall bulletin board at or before 5M p.m., November 8, 2013. I.'1'IiC ("oondll ut:�,y. vary dntl�t>r nci npott u�lt arihr itcnts lister! in Iltis anentin, �. The i�i�tat�il r;�trvas t17c eight In retire intc.� rxr�.ttii4�t: scssio�t con-xcnthtg <ti�}ofihc items listccl an ibis a�i�ttda, wlt��tcs�cr it is cnnsiticrcd nc�4ssnr}� ttntl lcgaily.lustEfic.cl t� �tl�r the Capntt Me�tiu� flct. 3. Persons with a disability who want to attend this meeting stiito may need amistance should contact the City Smonry at M 924" 3315 N o i rking days prior to the meting so that approprintn arrangements c;m be made 11-12-1.1 CC"'04;shc7p hilectingAynda.Ioc 2 Posted I I-3-13 HOMETOWN Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 3 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Date Prepared: 11-7a13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding proposal by WebQA for a mobile app. (Jessica Perkins) SUMMARY: RECOMMENDATION: Item No. 4WS City Secretary use only City of Anna City Council Agenda Staff Report Council Meeting: November 12 2013 Staff Contact: Chief Gothard Account Code #: Budgeted Amount: Exhibits: Yes No AGENDA SUBJECT: Fire Department Grant application SUMMARY: The U.S. Department of Homeland Security (FEMA) has opened up the application period for the Assistance to Firefighters Grant Program. The application period opened on November 4, 2013 and will end on December 6, 2013. With award notifications beginning in February 2014. The grant allows Departments to apply for equipment and apparatus. The matching portion is set by the number of citizens served. The Anna Fire Dept. serves less than 20,000 citizens so our matching contribution would be a 5% match. The Department would like to apply for both categories. Equipment: We would like to replace our twelve SCBA's with new ones that meet the current NFPA standard. The current SCBA's were purchased using the 2002 NFPA standard and the current NFPA standard is 2013. The current cylinders are also nearing the end of their life cycle. Cost for 12 (twelve) SCBA's with extra cylinders and individual mask = $105,468 Department cost at 5% _ $5,273.00 Apparatus: With the current & fiiture growth the city is experiencing and is expecting to experience, an aerial device should be considered for fire protection. A new aerial apparatus cost between $800,000 to over $1 million dollars. To quote a piece of equipment that would meet current needs and future needs a base unit would run around $850,000 then an estimated $400,000 in equipment for a total cost of approximately $1,250,000. Department cost at 5% _ $625500 RECOMMENDATION: Allow for submission of 2013 Assistance to Firefighters Grant. �w Y{OIIR} HOMETOW N Council Meeting: November 12I 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 11-8-13 Exhibits: ❑Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of land for hike and bike trail. c. discuss or deliberate personnel matters: City Secretary Annual Review/Update; City Manager Annual Review. (Tex. Gov't Code §551.074)0 d. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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. �tnnr�t�zv�v Cll"J"1' tJ]" ANl\'A A��-�l�)�t'l l'�t�D`I'1C1� ®�:'>�`Y CfJUNC�L l<iLCI,l1JAlli 1V11�:1�1'IN(� ln.:G5V 7:311 IiOF 0 —A iiti:i City 1 all Aclnii�� rr atic�n I3itilciin '1'lie Cite Cotancil al` the City c>i` �1uua ti�ill meet in IZeg�tlar Session at 7:30 �.n�., T ovember 12, 2013, at the Anne City hall Administration I3Ltil(1inLI, locnicd tit I I I North Powell Parkway (Ilwy 5), to consider the following items, I�cicwrrrc� to the �:'ity �ourrcil r1�Ic�ettrtg, hlc�crse sign the ��'igr'r�,ha���'lrc�et cas• rr reacirc crtlettcicrnce. If you wish to .spuelk oil on c pen-ses,ticarr old)Ti*i &mil,� pecker Regisircrtion Form and fern it in t rneeling slarl.s'. 1. C'.all to Ci'dt1r. 2. Itis�ocation and Pled�r� o_[`r�lle�iartce. crgencict iterrr p1er7sc>fill , tlre City e crotcrr hefo fe l of, the the �. izctt t<ci[i»it�nCs. C"itider�s crre crlloti�ecl � rrrintrtes to s��e(tk 'lire �'or.rrrcl is unable to respond to or discuss irmy is~sares that are brought up during this section that are not on the agen(lct, other thcm to make stcrternent,s cif specific firctual lti/brination In i-e,sj)driSe 10 (r Citi�7eft's irtg2rrr)fI or to recite ervilylrrrg pollc41 irr i-me ponse to the irarfrrirys 4, V tccivc rclaorts -ri'Catm Qtzif'I' �w the Cit}� Council ahoitt iteriIs e2f ct;triitiiunit�r itltt,'rtst, lterrrs La/ eumfirtliff ly nteruji inchff CA1,11Via iorrs nf` thctrzks, corrgrcrtrrlcrtiorrs, 014 condolence, 17001lrrrcrtlon r'egcrrdinq holiclayschedides; cm honoraq or .s(rhltcrr}) recognition ty' a public q ficicrl, public employee, or ether citizen (Brit not including cr chang-e in ,slcrtus of'ct person's public office or' public Gr'pl(J)jn7ertt ,` cr rernlnder ethorrt an upcoming event orgremFued oil sponsored l)y the governin holy; igfoismatton regarding ci somil, cer'enlonial, or communitj? event or•gcrr'rrued or sponsored by cu'r entiti- other than the governing hodj, that w1as ollended oil is Scheduled to he attended by ct member clff the governing body of an tlfflclalf or' emplo)w of the i mmic'ipality; and crturorrncerrrents inVOlving an irnrrrinent threat to the public heollh and scr/efy l` people ir7 the mur2iOpolity lhot has (wiser? crller the poslirag of •the agendat f . Tl�c ti-cnnscil r7�n�• vntanncUor• not rq�nn onch i>t'thc iicros listed lie llzis agcixia, 2. 7'he �'trultcl fo,:et•�c the right to rEfirc intn cxennlive seS;�IGtt cp4lccrnit•.g m^)cif Ilac itt�ms litoci nit ibis necndn, 5vhencver i1 is consiticrcit necesstn-}� send legallyjarstiticd under the open MccGn� Act, 3, Parsons with a disability who want to nttcnd this nuccting who nifty need nssishmoc should contact the CRY Sccrchliy al 972 9241- �325 two working dray, prior to the mctinp so that ipproprinte nn'angcmcnts can be made, I I-12-13 CC Regtdar Mocting Agcnchn.dua 1 Pcisled I 1-9,13 5. Consent Items. I nese iteins consist of nonc:ontrorrerslcll or "housekeej)mg" ilerras requi+ ect h)) km . Items r moc he Consiclerecl irr(Iilti(lrrcrlb) by uqv Council r? anther rrwkijigr such r quest j)r` m, to a motion and vole on the Consent Items, ► . Approve City Council Mirnttes for UCLO,er 22, 2013 Regui►tr meeting. t�. Rcviow F17C Miruttcs of August 1, 2013 Regt&u meeting and September 12, 2013 Special mectingo c, l eviow CDC Minutes of August 1, 2013 Regular Meeting and September 12, 2013 Special meeting. d. Approve a RCSOIution regarding the approval of a Special Event Permit and authority to execute an Agreement with the Greater Anna Chamber of Commerce fear the "Anita Centennial Celebration". (Maurice Schwankc) c. Approve Resolution regarding stre:ct closures for the Anna Centennial Celebration. (Chief Teaks) fi Approve "Pepper Family Addition" development plat. (Maurice Schwankcr) Approve "Ni evil Addition" development plat, (Maurice Schwanke) 6. Public Hearing: �l`i) T'or City Council to htvar public. ccmtrnerrt regaling annexatiori of the following tract: A tract of tand in the Thomas 1 atton Survey, A13S A0782 generally located cast of County Road 296, ]Vest of U.S. 75 and adjacent to the city limits, containing thirty4u•ee acres of land more or lass. (NIourict; Suhwankc) 7. ConsidcrlDiscuss�Actiott regarding a Resolution auihoriringCity Manager to execute a land Purchase and 5aic ?agreement with John Bradley. (Caty Mal�.<tgt�r) �. Con�iderll�iseusslAcfiort regarding a P.ese�hrtion approving the FZ� 2O1� Sfirect RclrabilitatiMIL Project l'1anl ki a Woods) �. C.'rrntii�le►'llaiscussfAc�tiQit authiitg thy: C`it�r Vlarta�:cr tc� solt Uicls 4,,�r the South �tfcll C`iround Stc�ragt; Reltabilitrttion Project. (Rots ��rcrnds) 10, Cnnsiciu►;tl')iscuss,rAt✓tiol`I trutlt(ariIirt�; tltu City Malragcr icr solicit bids ;Ccir the: Public �Vc�rks and Municipal Annex Building t�entodel Project. (Kerb �°'txrds} 1 1. Consider/Discuss/Action, r•tugard►t,, ;a Resolution approviltg a Tower Site ]license A�reertrertt t�it11 CICBC TLLLCC)nfl. (City Manager) 12. C'otrt5idirrll)isct►ss,rActic�n. rog4u'dng a l�csoltriit>n casting votes for a candidate oar' cano#icl�ttcS fc�l' the l3trrrrrl of l�ir`uc:.tt�rs, C".it[lin C'.etjirr►1 Apltr4tistr[ I)lstr�ic:t. (City Council) S"��uncii 1111y rro(c atttil,ar act ttlraneach o1`1N items 1isuel its Iirois mcn<in. 2.'rh4 Cnalucil r�brvec iltb ripltt to (4tir� into 4�4cniivc scssia�at ��trrcrnin�, eery of the iicnas listcei ota this ts�cnda, whcncvt;r it is considca'cd ucctksatry taxi Icc;nilyjatziiCcel uasder Uaa: C9�en I+Tectiaa� rtct. 3. Persons with at disability who wtuat to Wwnd (iris meeting title( may uccd us; im(nnce should contnut the Ci(y Secrctary at 972 924- 3325 tvro working days prior it) lite, nmceling) sts that appropriate aavn cnaen(s caul he; made. i 1.12u 13 C'4' Regular Welling AggcudJ,dcac 2 1'ctstcd 1 14073 l3, Discussion regarding November and December 2013 City ("otinell tweeting schedule. (City Manager) l�l. CI,CSCD St;SSI N kBACLP'I'JONS): Under Tex.. Gov't Coda Cliapter SSI, the City Council may enter into closed session to discuss any items listed or rcfOWOrIet=•cl oil this agenda under the following exceptions: a. consult with legal couiisel rCL;(11 int; pellding or conteinplitted litigation and/or on matters in which tite duty of the attorney{ to the governmental booty Muter the Toxas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Cjovernment Code. (Tex, Gov't Code §551.0711: b. discuss or rlclibc.ratc� the l�urt,hase, exciialige, Ie�ise, oi' value of rein property (Tex. Gov't Cade 551.072), actltlisition of land far hike and bike trail, u. discuss or deliberate perspnilet ruatters: City Secretary tlaintttal Review/Update; Ci ty Manager Annual Review. ('Il'c1. Gov't Cody d, di�euss oi� delikbcrattl I�co>lojiiic I�evt;lol�iitent Negotiations: (1) `l`o discuss or deliberate regarding commercial of financial infelfi-nation that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the tort Rory of the City of Anna and with AXh)ch the City is coiitlucting emioniic development negotiations; or (2) 'I"o deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). LLex. + av't Code .4551.087); proposed mixed use development. The couiicil i't1i'ther i•est:i•uws the: righf to e.ntcr into executive session at tatty tilte tlii'to�t4t5hoitt aliy drily noticed lricetirig Linder any applicable exception to the Open Mectings Act. 15. C�onsiderlUisousslAction oil any items listed on posted agenda for November 12, 2013 Vvoi•kliol� Sc•ssitin tar ilny closed session ot;currfnl; dtu•ing this Regular Meeting, as necessary. l G. Ad�jotirn. This is to certifjr fhGit 1, Plilil} Sanders, C'it}Manager, posted this agUtitltt at #x place rerrctily accessible to the. public ��t the Anna City 11311 Sind on alit: City all bulletin board at or before 5:OO p.m. November 8, 2011. s, City° 11�Ianager t 1 he C'cuu �i1 irr;�y � ut� nntUnr ,tot tspertr each nrth4 items listed in this a��.nda. 2 11r�. C°ctiui cat re4ctv�fi tlrc ri�{tt a7 retir.� it�tn 4re�uti7rr �vssicui cc,3�cc�s�iu� coy r�Cihc its;tn5 tasted o1.t! • zi�cndr, wlicnc4cr it is ennsitlurcd ricc�sary mid Ic�nfl} justs,cti tinder tlae Upt n ivlcetistg I�ct, 3. 1"Orsvolli will] a disability who Willi to attend this meeting uho mtiy nu;a assistance anduld contact the City Iseclectary m 972 �(J24, �325 two workine days prior to the nreuiing so that appropriule arningciuents can bu inane. I t-t2-I3 t'(.ltepulru'Mutijtg Rgcoilci.doa l I-R�13 y{Oug} gOMETOWN Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT SUMMARY: RECOMMENDATION: 1:1 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: 11-713 Exhibits: ❑Yes ❑ No l Council Meeting: November 12I 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 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount:, 0 Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-7-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allo�t�ed 3 minutes to speak. The Council is unable to respond to or discuss any issrtes that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: Council Meeting: November 12, 2013 Account Code #: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-7-13 Budgeted Amount: N/A 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 schedztles; an honorary or salittary 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 nnmicipality; 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: November 12, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (a _ h) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-7-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or 'housekeeping" items required by laiv. Items may be considered individually by any Council member making sarch request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for October 22, 2013 Regular Meeting. b. Review EDC Minutes of August 1, 2013 Regular meeting and September 12, 2013 Special meeting. c. Review CDC Minutes of August 1, 2013 Regular Meeting and September 12, 2013 Special meeting. d. Approve a Resolution regarding the approval of a Special Event Permit and authority to execute an Agreement with the Greater Anna Chamber of Commerce for the "Anna Centennial Celebration". (Maurice Schwanke) e. Approve Resolution regarding street closures for the Anna Centennial Celebration. (Chief Jenks) f. Approve "Pepper Family Addition" development plat. (Maurice Schwanke) g. Approve "Nevil Addition" development plat. (Maurice Schwanke) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF 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 met in Regular Session at 7:30 p.m., October 22, 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 Cite Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond 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 mqulry 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 comnucnity 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. Glow Fest, Saturday, October 26, 2013 and that Halloween is Thursday, October 31, 2013. 10-22-13 CC Regular Meeting Minutes.doc 1 10-22-13 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 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) Council Member Hopewell made the motion to approve the consent items. Mayor Crist seconded the motion. Motion passes. AYE 7 ABSTAIN 0 Mayor Crist made the motion to enter closed session at 7:37 pm. Council Member Dowd seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Bryan made the motion to return to open session at 8:08 pm. Council Member Dowd seconded the motion. Motion passes. AYE 7 ABSTAIN 0 6. Consider/Discuss/Action regarding a Resolution authorizing the execution of a Development Agreement with Paula J. Powell. (City Manager) Philip Sanders, City Manager presented the item to council. Council Member Hopewell made the motion to approve. Council Member Bryan seconded the ]notion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 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) Clayton Fulton, Director of Finance presented the item to council. Council Member Hopewell made the motion to approve. Council Member Barnes seconded the motion. Motion passes. ]0-22-13 CC Regular Meeting Minutes.doc 2 10-22-13 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) Rob Woods, Public WU1 3 Director presented the item to council and answered questions. Council Member Cook made the motion to approve. Mayor Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the Slayter Creek Wastewater Interceptor Project. (Rob Woods) Rob Woods, Director of Public Worlcs presented the item to council. Council Member Cook made the motion to approve. Council Member Barnes seconded the motion. Motion passes. R`f Council Member Hopewell made the motion to enter closed session at 8:17 pm. Council Member Barnes seconded the motion. Motion passes. AYE 7 NAY 0 ' ► 1 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 5519 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. 10-22-13 CC Regular Meeting Mimites.doc 3 10-22-13 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Hopewell made the motion to return to open session at 9:10 pm. Council Member Barnes seconded the motion. Motion passes. NAY 0 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. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. AYE '7 NAY 0 12. Adjourn. ABSTAIN 0 Council Member Coolc made the motion to adjourn at 9:11 pm. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ATTEST: Natha Wilkison, City Secretary ABSTAIN 0 APPROVED: Mike Crist, Mayor 10-22-13 CC Regular Meeting Minutes.doc 4 10-22-13 MINUTES OF 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 met in Workshop Session at 6:30 p.m., October 22, 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 Milce Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Member James T. Cook, Lauren Lovato, John Hopewell, Chad Barnes, Nathan Bryan and Dick Dowd were present. 3. Briefing/Discussion regarding potential business prospect. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and introduced Mubina Gillam whom talked about locating MyCourseRoom.com an established online continuing education business interested in locating in Anna. Council Member Bryan made the motion to enter closed session at 7:00 pm. Council Member Hopewell seconded the motion. Motion passes. Aye 7 NAY 0 ABSTAIN 0 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 comme>r•cial or financial information that the City has received from a business prospect that the City seeks 10-22-13 CC Workshop Meeting Minutes.doc 1 10-22-13 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. Mayor Crist made the motion to return to open session at 7:28 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 7 ABSTAIN 0 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. Council Member Bryan made the motion to take no action. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Coolc made the motion to adjourn at 7:29 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Milce Crist, Mayor 10-22-13 CC Workshop Meeting Minutes.doc 2 10-22-13 { t> ,,4 i ; Thursday, August 'l, 2013 PCi :t'iT; The Anna Economic Development Corporation ("EDC) of the City of Anna met at 5:00 p.m., on Thursday, August 1, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Ca[I to Order Connie Stump, President, called the meeting to order at 6:10 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Connie Stump, John Houcek, John Beazley, Michael Williams, and Lee Miller. Director in abstention: Sherilyn Godfrey. A quorum was declared present and the floor was open for business. Others in attendance: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, attorney for EDC. 3. Consider/Discuss/Action regarding approving a resolution for a fiscal year sponsorship agreement with the Greater Anna Chamber of Commerce ("GACC"). Historically, the EDC and CDC boards have sponsored the annual events of GACC. This year, at the request of GACC, EDC will sponsor the Awards Banquet, July 4th celebration, and Fall Glow Fest. The amount requested is $19,500, The amount given remains the same as last year (2013) but is increase of $4,500.00 the previous year (2012) due to the increase in attendance. John Beazley made a motion to adopt the Resolution authorizing the President of EDC to execute the "Agreement for Sponsorship Commitment for 2093-2094," on behalf of EDC, and Sara Cox, President, on behalf of GACC, in an amount not to exceed $19,500, for the aforementioned events. John Houcek seconded the motion. Motion passed. The funds will be provided to GACC prior to each event, but is contingent upon GACC providing a Letter of Intent to organize and hold the corresponding event as set forth in the Agreement. Corporation may vote and/or act upon each ol'the items listed in this agenda. 2. 9'he Corporation reserves the right to rciire into executive session concerning any orthc items listed on this ngcnda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-01-2013 Regular EDC Minutes.doc 1 4. Consider/Discuss/Action regarding accepting John Houcek's resignation from the position of Vice President. Jessica Perkins presented a letter of resignation from John Houcek on behalf of the board. John Beazley made a motion to accept the resignation of John Houcek as vice-president of the board. Michael Williams seconded the motion. Motion passed. 5. Consider/Discuss/Action appointing avice-president. In light of John Houcek's resignation, a new vice-president needs to be elected. The floor was opened for nominations and the name of Alonzo Tutson was presented for nomination. No other names were presented and the floor for nominations was closed. John Houcek made a motion to elect Alonzo Tutson as vice-president. Michael Willams seconded the motion. Motion passed. 6. Consider/Discuss/Action appointing a treasurer. In accordance with Section, 4. Treasurer. of EDC's Bylaws, (p. 5 of 14), someone else besides a member of the Board can be elected treasurer. Because of the increasing complexity of the board's finances, it is suggested that Jessica Perkins, the Chief Administrative Officer, be appointed treasurer of the board. John Beazley made a motion to appoint Jessica Perkins, as treasurer. Alonzo Tutson seconded the motion. Motion passed. 7. Consider/Discuss/Action regarding approving a resolution to purchase of a new office chair far the Chief Administrative Officer ("CAO"). The CAO's chair is broken and needs to be replaced. Alonzo Tutson made a motion to adopt the resolution authorizing the CAO to purchase a new chair in an amount not to exceed $800,00. Said funds are available in Line Item 6208, "Office Supplies" of the 2012-2013 budget. John Beazley seconded the motion. Motion passed. 8. Consider/Discuss/Action regarding approving a resolution for a budget amendment for fiscal year 2012-2013. It is necessary to amend the above -referenced budget. Monies in the amount of $5,000.00, were transferred from Line Item 6753, Legal, to Line Item 6929, Other Capital Expenditures, to cover the costs of the agreement with Nimbix and to have funds available to fix the faucet and place outdoor lights at 312 North Powell. Also, a downtown directional sign will be erected. There was only a transfer of monies and no increase in the budget. Lee Miller made a motion to adopt the resolution authorizing the CAO to amend the budget as set forth in Exhibit "A," subject to the approval of City Council, John Houcek seconded the motion. Motion passed. I. The Corporation may vote and/or act upon each orthe items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justihcd under the Open Meeting Aci. .persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the mceting so that appropriate arrangements can be made. 08-01-2013 Regular EDC Minutes.dac 2 9. Consider/ Discuss/Action regarding approving a resolution for a budget amendment for fiscal year 2013-2014. At the June meeting, the board and city staff discussed and approved a budget for year 2013-2014 that was not to exceed of $250,000.00. After further review, the City Manager and Finance Director requested an increase of $5,000.00 in the budget to cover additional costs related to IT, finance and auditing support. Michael Williams made a motion to adopt the resolution authorizing the CAO to amend the budget as set forth in Exhibit "A," subject to the approval of City Council. Alonzo Tutson seconded the motion. Motion passed. 10. Consider/Discuss/Action regarding approving the minutes from May 16, 2013, and June 7, 2013, Alonzo Tutson made a motion to accept the minutes as written. John Beazley seconded the motion. Motion passed. 11. Adjourn. John Houcek made a motion to adjourn the meeting. Michael Williams seconded the motion. Motion carried and the meeting adjourned at 60.43 p.m. APPROVED: President of EDC ATTESTED: 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-01-2013 Regular EDC Minutes.doc 3 Dr 5!F_LCiI t i� E f. A • • r i 1101:1,Til Oily . 911101 r r• r • Thursday, September 12, 2013 The Anna Economic Development Corporation ("EDC"} of the City of Anna met at 5:00 p.m., on Thursday, September 12, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Connie Stump, President, called the meeting to order at 5:20 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Connie Stump, John Houcek, Sherilyn Godfrey, John Beazley, Lee Miller and Michael Williams. Director in abstention: None. Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clark McCoy, attorney for EDC. 3. Discuss a membership with the Borth Texas Commission, The North Texas Commission ("NTC")regional marketing agency. NTC basically markets and promotes the North Texas area similar to how a mall would market...It does not care which store you shop at as long as it is at their mall. The goal is to entice businesses to move to the North Texas region. The EDC does not have to be a member of NTC in order to advertise. It's magazine is published once a year and is far reaching in both the national and international markets. An ad costs $2,500, if a member; and $3,500, if not a member. The City staff believes advertising with the publication would be a benefit to Anna. 4. Consider/Discuss/Action regarding approving a resolution to authorize expending funds to add exterior lighting to the building at 312 N. Powell Parkway. This matter has been thoroughly discussed at previous meetings. A motion was made by John Beazley to approve the resolution authorizing the CAO to charge the cost of exterior lighting at 312 North Powell Parkway, in the amount not to exceed $1,750.00; and to take said expenditure from EDC's Line Item, "Contract Services." Alonzo Tutson seconded the motion. Motion passed. 1, The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3, Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-14-2013 Regular EDC Minutes.doc 1 5, Consider/Discuss/Action regarding a resolution to authorize expending funds for an advertisement in the Dallas Mavericks Program. This matter has been thoroughly discussed at previous meetings. A motion was made by John Houcek to authorize the CAO to place a full -color ad in the seasonal program of the Dallas Mavericks, and to charge EDC's promotional account in an amount, not to exceed $2,600.00, Lee Williams seconded the motion. Motion passed. 6. Consider/Discuss/Action regarding approving a resolution to authorizing travel and hotel for ICSC conference in November 2013. The CAO attends the yearly ICSC Texas Conference held in downtown Dallas. The cost of staying at the designated hotels blocked off for conference attendees exceeds the federal per diem rate, but is necessary for safety reasons. The CAO has requested that per diem rate be exceeded for one overnight stay required for conference attendance. If anyone else wants to attend the conference, let Jessica Perkins know. Michael Williams made a motion to authorize the EDC to send representation to the ICSC Texas Conference for the purpose of EDC-related business that will promote the economic development in the City of Anna; and to authorize re presentative(s) from EDC to make purchases for all necessary expenses, including expenses that exceed the per diem rate for one overnight stay, for the purpose of EDC. Alonzo Tutson seconded the motion. Motion carried. 7. ConsiderlDiscuss/Action regarding renewing contract with WebQA, the Shop Local program. The details of this matter were discussed, at length, in the CDC meeting; therefore, there was no need for further discussion. Jessica Perkins updated the Directors as to the on-line program, "Shop Local," for the past two years, CDC and EDC have sponsored this program, offering to business owners, free of charge. Even though there has been an increase in usage, only a few business owners are currently using the program. A significant hurdle is that the business owners are not updating their websites. Before continuing the program, City staff needs to know why it is not being utilized and to settle the question of whether we should just rely on the Chamber to offer this type of program. Michael Williams made a motion to authorize the CAO to take the necessary steps to cancel the service. Alonzo Tutson seconded the motion. Motion passed. l .The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-14-2013 Regular EDC Minutes.doc 2 8. Consider/Discuss/Action regarding approving the minutes from September 12, 2013. A motion to approve the minutes, as corrected, was made by John Noucek and seconded by Michael Williams. Motion passed. 9. Adjourned. Sherilyn Godfrey made a motion to adjourn the meeting. Alonzo Tutson seconded the motion. Motion passed and the meeting adjourned at 5:48 p.m. APPROVED: President of EDC ATTESTED: Sherilyn Godfr�,/ Secretary of EDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-142013 Regular EDC Minutes.doc 3 •' OF IrIttmC WILI IJIITY DEVELOPMENCORPORATION Thursday, August �, 2013 The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, August 1, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call io Order John Houcek, President, called the meeting to order at 5:08 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Connie Stump, John Houcek as well as the newly appointed Directors Lee Miller, Jahn Beazley, and Michael Williams. Director in abstention: Sherilyn Godfrey. A quorum was declared present and the floor was open for business. Others in attendance: Jessica Per{<ins, Chief Administrative Officer; and Clark McCoy, attorney for CDC. 3. Invocation and Pledge. John Houcek gave the Envacation and led the group in the Pledge of Allegiance. Jessica Perkins introduced the newly appointed Board members. Each person spoke briefly outlining one's personal and business background. 1. The Corporation may vote and/or act upon each of the items listed in this agenda, 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary Ind legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-01-2013 Regular CDC Minutes.doc 1 5. Presentation and recognition of Duane Hayes' service to the Board. Duane Hayes was recognized for his many years of service on the boards. The Board wishes him the best in his future endeavors. 6. Consider/Discuss/Action regarding approving a resolution for a fiscal year sponsorship agreement with the Greater Anna Chamber of Commerce ("GACC"). Historically, the EDC and CDC boards have sponsored the annual events of GACC. This year, at the request of GACC, CDC will sponsor the Awards Banquet, Golf tournament, July 4th celebration, Fall Glow Fest, and the Christmas Parade. The amount given remains the same as last year (2013) but is an increase of $5,500.00, from the previous year (2012) due to the increase in attendance. Connie Stump made a motion to adopt the Resolution authorizing the President of CDC to execute the "Agreement for Sponsorship Commitment for 2013-2014," on behalf of CDC, and Sara Cox, President, on behalf of GACC, in an amount not to exceed $20,500, for the aforementioned events. Michael Williams seconded the motion. Motion passed. The funds will be provided to GACC prior to each event, but is contingent upon GACC providing a Letter of Intent to organize and hold the corresponding event as set forth in the Agreement. 7. Consider/Discuss/Action regarding accepting John Houcek's resignation from the position of Vice President. Jessica Perkins presented a letter of resignation from John Houcek on behalf of the board. John Beazley made a motion to accept the resignation of John Houcek as vice-president of the board. Lee Miller seconded the motion. Motion passed. 8. Consider/Discuss/Action appointing avice-president In tight of John Houcek's resignation, a new vice-president needs to be elected. The floor was opened for nominations and the name of Alonzo Tutson was presented for nomination. No other names were presented and the floor for nominations was closed. John Houcek made a motion to elect Alonzo Tutson as vice-president. Michael Williams seconded the motion. Motion passed. 9. Consider/Discuss/Action appointing a treasurer. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-01-2013 Regular CDC Minutes.doc 2 In accordance with Section, 5. Treasurer. of the CDC's Bylaws, (p. 7 of 14), someone else besides a member of the Board can be elected treasurer. Because of the increasing complexity of the board's finances, it is suggested that Jessica Perkins, the Chief Administrative Officer, be appointed treasurer of the board. John Beazley made a motion to appoint Jessica Perkins, as treasurer. Alonzo Tutson seconded the motion. Motion passed. 10. Consider/DiscusslAction regarding renewing our contract with WebQA, the Shop Local program. The City has offered, an on-line Shop Local program hosted by WebQA, to the local merchants for the past two (2) years. Although usage has increased, it is recommended by staff that the contract not be renewed to see if the program is missed. John Beazley made a motion not to renew the contract at this time. Michael Williams seconded the motion. Motion passed. 11. Consider/DiscusslAction regarding approving a resolution to purchase of a new office chair for the Chief Administrative Officer ("CAO"). The CAO's chair is broken and needs to be replaced. John Beazley made a motion to adopt the resolution authorizing the CAO to purchase a new chair in an amount not to exceed $800,00. Said funds are available in Line Item 6208, "Office Supplies" of the 2012-2013 budget. Lee Miller seconded the motion. Motion passed. 12. Consider/DiscusslAction regarding approving a resolution for a budget amendment for fiscal year 2012-2013. It is necessary to amend the above -referenced budget. Monies in the amount of $21000.001 in Line Item 6735, Promotional were transferred on 08-01-2013 to Line Item 6703 Contract. Monies in the amount of $7,000.00, in Line Item 6753, Legal were transferred on 08-01-2013 to Line Item 6789 Debt Service. The debt service was miscalculated and additional contract services were need with respect to the board's audit and filing of Form 990. There was only an exchange of monies and the budget was not increased. Michael Williams made a motion to adopt the resolution authorizing the CAO to amend the budget as set forth in Exhibit 'A,° subject to the approval of City Council. Alonzo Tutson seconded the motion. Motion passed. 13. Consider/Discuss/Action regarding approving a resolution for a budget amendment for fiscal year 2013-2014. At the June meeting, the board and staff discussed and approved a budget of $250,000.00 for 2013-2014. After further review, the City Manager and Finance Director requested an increase in the budget from $250,000.00 to $251,000.00 as well as transferring monies, in the amount of $20,000.00, from Line Item 1. The Corporation may vote and/or act upon each of the items listed in this agenda 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-01-2013 Regular CDC Minutes.doc 3 69Y1, Other Capital Expenditures to Line Item 6799 Other Services — Misc., to pay for two (2) part-time parks staff during the summer months. John Beazley made a motion to adopt the resolution authorizing the CAO to amend the budget as set forth in Exhibit "A," subject to the approval of City Council. Connie Stump seconded the motion. Motion passed. 14. ConsiderlDiscusslAction regarding approving the minutes from May 16, 2013, and June 7, 2013. Alonzo Tutson made a motion to accept the minutes as written. John Beazley seconded the motion. Motion passed. 15. Adjourn. John Beazley made a motion to adjourn the meeting. Michael Williams seconded the motion. Motion carried and the meeting adjourned at 6*09 p.m. APPROVED: c.. hn Houcek President of CDC ATTESTED: Secretary of 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can he made. 08-01-2013 Regular CDC Minutes.doc 4 Thursday, September 12I 2013 The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, September 12, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 5:02 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Connie Stump, John Houcek, Sherilyn Godfrey, John Beazley, Lee Miller and Michael Williams. Director in abstention: None A quorum was declared present and the floor was open far business. Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clark McCoy, attorney for CDC. 3, Invoca#ion and Pledge. Connie Stump gave the invocation and led the group in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding renewing contract with WebQA the Shop Local program. Jessica Perkins updated the Directors as to the on-line program, "Shop Local," for the past two years, CDC and EDC have sponsored this program, offering to business owners, free of charge. Even though there has been an increase in usage, only a few business owners are currently using the program. A significant hurdle is that the business owners are not updating their websites. Before continuing the program, City staff needs to know why it is not being utilized and to settle the question of whether we should just rely on the Chamber to offer this type of program. 1. The Corporation Wray vote and/ar act upon each of the items listed in this agenda. 2. The Corooraliott reserves the right to retire into executive sessinn cnncerninr :3nv nffhr. items listed nn this nc,enrla whenaver it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be mode. 09-12-2013 Regular CDC Minutes.doc 1 The opinion of each Director was solicited. Their comments included: 1) training is available; 2) the program is professional designed and user-friendly; 3) a mobile app can be added; and 4) the program can be utilized more effectively in 5-10 years since there will be more businesses located in Anna. Lee Miller made a motion to authorize the CAO to take the necessary steps to cancel the contract with WebAQ. Michael Williams seconded the motion. Motion passed. 5. Consider/Discuss/Action regarding the minutes from September 2093. A motion to approve the minutes, as corrected, was made by John Beazley and seconded by Alonzo Tutson. Motion passed. 6. Adjourn. Michael Williams made a motion to adjourn the meeting. Lee Miller seconded the motion. Motion passed and the meeting was adjourned at 5:18 p.m. APPROVED: - Ir r- resident of CDC ATTESTED: Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-12-2013 Regular CDC Minutes.doc 2 Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 11/OS/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding the approval of a Special Event Permit and authority to execute an Agreement with the Greater Anna Chamber of Commerce for the "Anna Centennial Celebration". SUMMARY: The Greater Anna Chamber of Commerce has planned a parade and centennial celebration for Saturday December 14" from 7 am to 6 pm. The area includes Interurban Street between Ott' Street and 2" d Street, 4"' Street between Powell Parkway and Riggins, and 2nd Street between Powell Parkway and Interurban, and Interurban between 2" d and 5tl' Street. The attached map identifies the proposed areas. The activities include a parade, bounce houses, tents, music, games, and vendors. If any houses or businesses are blocked prior wt•itten permissions will need to be obtained. PARK BOARD ACTION: The Park board recommended approval of the Special Event Permit at a special meeting that was held on Thursday, November 7, 2013. RECOMMENDED ACTION: Approval of the resolution approving the special event agreement. CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE, INCORPORATED, FOR SPECIAL CENTENNIAL CELEBRATION EVENT RECOGNIZING THE CITY'S 100TH INCORPORATED YEAR WHEREAS, the Greater Anna Chamber of Commerce, Incorporated (the "GACC") has submitted a Special Event Permit application to conduct a community event known as the Centennial Celebration to take place on the dates of Saturday, December 7, 2013 and Saturday, December 14, 2013 at the City of Anna City Hall and along 4tt' street and surrounding area; and WHEREAS, the City of Anna Parks Board has reviewed the application and has recommended that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, Section 4.04, the City shall enter into a Special Event Agreement (the "Agreement") incorporating the terms and conditions of said permit. 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. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit A. PASSED by the City Council of the City of Anna, Texas, on this day of November, 2013. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 EXHIBIT A Item No. City Secretary's use only AGREEMENT FOR SPECIAL EVENT This Agreement for Special Event ("Agreement") is made by and between the City of Anna ("City"), and the Greater Anna Chamber of Commerce, Incorporated ("GACC") entered into on this 12th day of November, 2013. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, Section 4.04, the City enters into this Agreement with GACC for use of 4th Street and surrounding area for the Centennial Celebration and City Hall parking area for a Tree Lighting Ceremony, Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: 1. City shall mean the City of Anna, Texas. 2. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated, 3. Centennial Celebration shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on December 7th and 14th, 2013. 4. Fourth Street and surrounding area shall mean 4th Street between Hwy.5 and Riggins Street as well as Interurban 2 blocks north of 4th Street. 5. City Hall Parking Area means the parking area located at 111 North Powell Parkway. 6. Special Event means any event that operates wholly within the incorporated City limits and may require the Section 3. General Requirements 3.09 Terms of Special Event Agreement )r partially The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to Page 1 of 6 EXHIBIT A Item No. City Secretary's use only entering into this agreement with the City. Said application is attached hereto as Exhibit 1. The Council authorizes the Special Event, subject to the following restrictions, for which GACC will be responsible: Parking Restrictions: All parking for the event will be conducted on premises designed or adapted for parking. Parking is to be prohibited on all public rights of way (shoulders, grass areas directly adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof, must be utilized to keep patrons from parking in rights of way. If parking areas are full, Event staff must be in place to direct vehicles to open parking areas. Vehicles on City/Park Property: Except for designated parking areas and other designated areas approved by the Director of Public Works, motor vehicles are prohibited from driving on City/Park property, except on designated paved parking areas and except as otherwise stated in this paragraph. At the discretion of the Director of Public Works motor vehicles may be allowed on some turf areas to deliver equipment but must be immediately removed when the delivery is complete. The City may prohibit any vehicle or trailer from driving on turf areas if in the opinion of the Director of Public Works the ground is too wet to support the weight of the vehicle. Except for small utility vehicles approved by the Director of Public Works, all motor vehicles are expressly prohibited from driving on or crossing the concrete walking trails. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas of the park that have been approved by the Director of Public Works. Section 4. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and will pay for any additional actual costs incurred by the Cityin reviewing such application that exceeds said amount. Page 2 of 6 EXHIBIT A Item No. City Secretary's use only Section 5. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Centennial Celebration and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Centennial Celebration. Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Centennial Celebration (the "Work"), including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to undertake, conduct, or complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. Section 7. Insurance GACC shall procure and maintain for the duration of this Agreement and the Special Events insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the Centennial Celebration, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this Agreement and shall not relieve GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification Page 3 of 6 EXHIBIT A Item No. City Secretary's use only which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City 's Secretary. Section 8. Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Natha Wilkison, City Secretary City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Sara Cox, GACC President 807 Interurban Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 10. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Page 4 of 6 EXHIBIT A Item No. City Secretary's use only Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 13. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 14. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 15. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 16. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 17. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of this Agreement shall begin as soon thereafter as practicable. Page 5 of 6 Item No. City Secretary's use only IN WITNESS WHEREOF, City and CACC have executed this Agreement. By: Sara Cox Greater Anna Chamber of Commerce Philip Sanders City Manager CITY OF ANNA, TEXAS Council Meeting: November 12 2013 Account Code #: Budgeted Amoul Item No. 5 e City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenks Exhibits: 0 Yes ❑No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution regarding City of Anna Centennial Celebration street closures SUMMARY: As part of the Centennial Celebration for the City of Anna (1913-2013), the City of Anna will participate in obtaining permission from TxDOT to close FM 2862 (0' Street) between SH 5 (Powell Pkwy) and Riggins Street between the hours of 7:00am and S:OOpm. This request to TxDOT for permission to close the roadways) above is in addition to the original permit request to close applicable roadways for the Lite Christmas Parade STAFF RECOMMENDATION: Pass the resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ESTABLISHING THE ANNA CENTENNIAL CELEBRATION SERVES A PUBLIC PURPOSE AND AUTHORIZING THE CITY OF ANNA, TEXAS CITY MANAGER TO ENTER INTO THIS AGREEMENT WITH THE STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS the City Council of the City of Anna, Texas wishes to show their support of the Anna Centennial Celebration by establishing that the Event serves as a public purpose; WHEREAS the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and the closure of the State's right of way will be performed within the State's requirements; WHEREAS the City of Anna, Texas has requested the temporary closure of FM 2862 (Fourth Street), between State Highway 5 (North Powell Parkway) and Higgins Street for the purpose of the Anna Centennial Celebration, from 7:00 a.m. to 5:00 p.m. on December 14, 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: 1. The City Council establishes that the Anna Centennial Celebration serves as a public purpose. 2. The City Council further authorizes the City Manager to enter into an agreement with the State of Texas acting through the Texas Department of Transportation. PASSED ON THIS THE 121h DAY OF NOVEMBER, 2013 ATTEST: City Secretary APPROVED: Mike Crist, Mayor Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount: Item No. 5 (f) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 11/OS/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve "Pepper Family Addition" development plat. SUMMARY: This development plat is located within the extraterritorial jurisdiction of the City. The tract is in the Mark Roberts Survey, Abstract No. 742, and is 5.886 acres of land located north of County Road 427. The proposed improvements will be to construct a new home on the tract. The plat meets the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the development plat unanimously at their meeting November 4, 2013. RECOMMENDED ACTION: Approval of the development plat w pp Map 4 ev OW r,i is ? i ,FY ai k sc5 , a. Fed III*Wd:�. e`e r 5Sn� F a •_` F°st a Q ":v',dt�n'awti m oft an p QU ca3i�Wm iL K w3 qq ;f i `oFgE 9`< i• 5{ r 1l. p N,�, XC,q_c Sa. 5 Ufa 8x 'e15 ` ; CIEr $j Ph F: J W m u ti rc x _pF �1e rxg�c' am y 7=:it ' 'k;r `•i' i� a ls'i : aj"�P A=n Eii a sry �.' �e z . 3 U ar T' Ca 2 3 sy g?_€ Sippy*° 3 rp ' ref A Q91�p-e" tZ a�§ 1 yjP .?"n tad ;$� zcS yE ,Z Y. vo 3 a;t E f�9�? o3i �"GF 2 h a i a 4��e 7 0> j1 I I 1a9ra f Y"? !( og4a Oewaa um WW 44 iF �\ \��� oa l $r. c� a 'O� M1 ; ^,. ~s ' ap \\ W`yv p.ytMd :Iw ` �RJ 'IF vo 'ii �IN, P` t oCIS K mi Loa pa IT aw A ITS cIaa Ae ax - Aw �°'cnaa 3saoaaor+ 3 q'�'Cgy�a,- co VaaL It I, ::.. If wOwTV -14 a:zic i 2 FF 3 q f ' �i4 t4; hot f SIe#efix 3gtp-,, wIa �a I� ji fTIT.u::irs�FEd a�?� e ?RUS y{OUR} HOMETOW N Council Meeting: November• 12 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 tg) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 11/OS/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve "Nevil Addition" development plat. SUMMARY: The development plat is located within the extraterritorial jurisdiction of the City. The tract is in the J.C. Neil Survey, Abstract No. 659. The tract contains 67.837 acres of land and is located east of Sister Grove Creek and north of Sam Rayburn Hwy. The comments listed below are staff s recommendations as follow: 1. The City Water Distribution Plan indicates the need for a water transmission easement along the north edge of the right-o&way line of State Highway 121. Please provide the reservation of a 20' utility easement adjacent to the proposed northern right -of --way line. 2. Please show the existing City Limits location. 3. Please show the proposed State Highway 121 right-o&way information. Information can be obtained from TXDOT. 4. A Surveyor seal needs to be added to the development plat. 5. Note needs to be added to the Development Plat as follows: Prior to any construction (including site grading) in the floodplain a Development Permit from Collin County Engineering must be obtained. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the development plat at their meeting November 4, 2013 with the conditions that the above comments are met. The vote was unanimous. RECOMMENDED ACTION: The comments have been complied with. Therefore, the Staff is recommending approval of this development plat. t o nor euuy;o,DO Ll a _ - �^ �� = s_ ala AIL 0 EYE 1. ka � 3 5 gg yy Ij g g k 9 e �$ S MIA A 8fififi� a: Y� 9 9g 9 .fi d �s�a#�'� ` b„�y aY '-•�;3�i�pz i= � �a 3 n4��-�� a>� k�903is srs 62 1s4� .gg$ i$SSPi'x#>r'6 Aii d5 3��2a°S'��zn9;R��'° �g�xss�3F �Rs�cWi�s'��ciasa3�d�s`sdapa3'a8�3"€ gg A'8 E 3 f� 33aM I 8 e:4�^,_#_s a ei d .,-_3ra2ka.g�; = o E a �,a�a�W'`s.ffii>.asa�°� iagsi d^Eadn s's4 soPag $g s«Pa -ss§xdAa��9ka"Bs'AWy's`�yk�''=g � o s H b ��3a �F$ € s=a ��€�. � z u 52 0 It 609 'ON Qtlpa .UWIOJfit s a g ui Sal RE 635 LL Beg H� RI �� .tvnraia maua�v .tvux�a misan ry +� _ Q L Re R EE �' fo y{OUR}HOMETOWN Council Meeting: November 12 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 11/06/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Public Hearing: (1st) For City Council to hear public comment regarding annexation of the following tract: A tract of land in the Thomas Ratton Survey, ABS A0782 generally located east of County Road 286, West of U.S. 75 and adjacent to the city limits, containing thirty-three acres of land 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 property 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 Term is ending therefore to ensure continued protection of the U.S. 75 corridor land uses the area should be annexed. This is the first of two public hearings that are required prior to the institution of annexation proceedings. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the annexation unanimously at their meeting November 4, 2013. RECOMMENDED ACTION: Hold the Public Hearing. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Tuesday, November 12, 2013, at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), Anna, Texas, regarding annexation of the following: A tract of land in the Thomas Ratton Survey, ABS A0782, and containing approximately thirty-three acres of land more or less, located east of County Road 286, West of U.S. 75 and within the extraterritorial jurisdiction. Additional information regarding the annexation can be secured from the office of the Planning and Development Department, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, Planning and Development Department, 101 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, TX 75409. Item No. 7 City Secretary's use only 1_. City of Anna City Council Agenda Y{OU�i} FIOME'I`OW lV Council Meeting: November 12 2013 Account Code # _Collin County Open Space Grant Amount: $6 000 Staff Report Staff Contact: City Managei Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a land Purchase and Sale Agreement with John Bradley. SUMMARY: City Staff has negotiated an agreement for the purchase of a 0.798 acre tract of land located on FM 455. It is anticipated that this land will become part of the Slayter Creels Hike & Bike Trail system. Funds for this purchase are available from the Collin County Open Space Grant program. RECOMMENDATION: Staff recommends approval of the attached Resolution authorizing the land purchase. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PURCHASE AND SALE AGREEMENT WITH JOHN BRADLEY FOR THE PURCHASE OF LAND OF FM 455E WHEREAS, the City of Anna, Texas (the ty") has negotiated an agreement for the purchase of a 0.798 acre tract of land located on FM 455 (the Property), and; WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that the purchase of the Property will benefit the City and is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Land Purchase and Sale Agreement. The City Council hereby approves the Exhibit 1, subject to the final approval approves the City Manager's execution execute all documents and to take all enforce the Agreement. Purchase and Sale Agreement attached hereto as by the City Attorney; and authorizes, ratifies and of same. The City Manager is hereby authorized to other actions necessary to finalize, act under, and PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 12tn day of November, 2013. ATTEST: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this "Agreement") is entered into as of the date set forth below between John Bradley (referenced herein as "Seller"), and the City of Anna, Texas (referenced herein as "Purchaser"). In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: Section 1. Sale and Purchase. On and subject to the terms and conditions set forth in this Agreement, Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase and accept from Seller, for the Purchase Price (defined below) that certain tract of land described in the attached Exhibit A, said conveyance to vest in Purchaser good, marketable, and indefeasible title in fee simple to said tract of land described in Exhibit A, together with all rights, title and appurtenances. Said tract of land described in Exhibit A, together with all rights and appurtenances, is referred to as the "Property." Section 2. Purchase Price. The purchase price ("Purchase Price") to be paid by Purchaser to Seller for the Property will be in the amount of $6,000.00. The Purchase Price will be payable at the Closing (defined below) as follows: $6,000.00 will be paid at Closing in cash or by check as specified in Section 5(b)(2). Section 3. Title and Survey. (a) Within 20 days after the Effective Date (defined below), Seller, at Purchaser's expense, will deliver or cause to be delivered to Purchaser the following: (1) Commitment for title insurance ("Title Commitment") from Red River TM Company, 805 W. White Street, Suite 300, Anna, Texas 75069, telephone number (972) 924- 8777 ("Title Company"), setting forth the status of the title of the Property and showing all liens, claims, encumbrances, reservations, restrictions, outstanding mineral interests, UCC filings, and other matters, if any, relating to the Property; and (2) A true, complete, and legible copy of all documents referred to in the Title Commitment, including without limitation UCC filings, plats, deeds, zoning ordinances, restrictions, and easements. (b) Within 20 days after the Effective Date, Purchaser, at Purchaser expense, will obtain a survey ("Survey") consisting of a plat and field notes, prepared by a licensed surveyor and Purchaser shall deliver the Survey to the Title Company, which Survey will: (1) reflect the actual dimensions of the Property, the net area of the Property (to the nearest square foot), the location of any easements, rights -of -way, setback lines, encroachments, or overlaps and the outside boundary lines of any improvements; identify by recording reference any easements, setback lines, or other matters referred to in the Title Commitment; PURCHASE AND SALE AGREEMENT PAGE 1 OF 9 (2) include the surveyor's registered number and seal, the date of the Survey, and a certificate satisfactory to Purchaser; (3) reflect that the Property has access to and from a publicly dedicated street, road, or highway; (4) be sufficient to cause the Title Company to delete, except for "shortages in area," the printed exception for "discrepancies, conflicts or shortages in area or boundary lines, or encroachments, or any overlapping of improvements" in the Owner's Title Policy to be delivered to Purchaser pursuant to Section 5(b)(1)(ii); (5) reflect any area within the Property that has been designated by the Federal Insurance Administration, the Army Corps of Engineers or any other governmental agency or body as being subject to special or increased flooding hazards; and (6) comply with the applicable requirements of the Texas Society of Professional Surveyors as to the 2005 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys as adopted by American Land Title Association and National Society of Professional Surveyors, as amended. For purposes of the Property description to be included in the general warranty deed to be delivered pursuant to Section 5(b)(i), the field notes prepared by the surveyor will control any conflicts or inconsistencies with Exhibit A and such field notes will be incorporated in this Agreement by this reference on their completion. (c) Purchaser will have 10 days from the receipt of all of the information referred to in Sections 3(a) and (b) in which to examine and notify Seller of those items, which Purchaser will accept title to the Property to (the "Permitted Encumbrances") and those matters which Purchaser finds objectionable (the "Encumbrances"); if such notice is not given it will be deemed that all matters reflected by the Title Commitment and Survey are "Permitted Encumbrances." Seller, will use reasonable efforts to cure or remove all encumbrances, give Purchaser notice, and deliver within 10 days of the date of Purchaser's notice an amended Survey and Title Commitment reflecting the cure of such matters. Seller will not be obligated to initiate litigation or spend any sums to cure or remove any Encumbrance (other than any lien constituting an Encumbrance) affecting the Property. Any liens affecting the Property will be considered "Encumbrances," and Seller will cause the same to be fully released of record at or prior to the Closing. (d) If Seller fails to timely cause all of the Encumbrances to be removed or cured, and timely written notice to be given to Purchaser, Purchaser will have the following rights: (1) Purchaser may unilaterally extend the date for Closing a reasonable time to afford Seller additional time within which to cure such Encumbrances without prejudice to Purchaser's rights under Sections 3(d)(2) or (3); (2) Purchaser may terminate this Agreement by giving Seller written notice and neither party will have any further rights, duties, or obligations under this Agreement; or (3) Purchaser may elect to purchase the Property subject to the Encumbrances not so removed or cured. PURCHASE AND SALE AGREEMENT PAGE 2 OF 9 (e) Seller agrees not to enter into any agreement or instrument or take any action after the Effective Date without the prior consent of Purchaser which would constitute or create an Encumbrance or which would bind Purchaser or the Property after the Closing. Section 4. Earnest Money. Purchaser shall not be required to provide any earnest money under this Agreement. Section 5. Closing. (a) The closing ("Closing") of the sale of the Property by Seller to Purchaser will occur at [time of closing] on [date of closing], in the offices of Title Company. (b) At the Closing, the events set forth in this Section 5(b) will occur, it being understood that the performance or tender of performance of all matters set forth in this Section 5(b) are mutually concurrent conditions: (1) Seller, at Purchaser's expense, will deliver or cause to be delivered to Purchaser: i) A Final Plat, fully executed by Seller, and as approved by Purchaser, depicting the Property and its parent tract subdivided as separate tracts in accordance with applicable laws and ordinances. ii) General Warranty Deed in form and substance reasonably satisfactory to Purchaser, fully executed and acknowledged by Seller, conveying to Purchaser the Property; iii) Texas Form Owner Policy of Title Insurance ("Title Policy") issued by Title Company in the amount of $ 6,000, naming Purchaser as the insured, subject only to those matters to which the General Warranty Deed will be subject, and the standard printed exceptions contained in the Title Policy; provided, however, that the standard exception pertaining to discrepancies, conflicts, or shortages in area will be deleted except for "shortages in area," such policy will have "None of Record" endorsed regarding restrictions (except for restrictions that are Permitted Encumbrances), there will be no exception for rights of parties in possession and the standard exception for taxes will be limited to the year in which the Closing occurs and subsequent assessments for prior years due to changes in land usage or ownership; iv) Certificate executed by Seller confirming that all warranties and representations set forth in Section 11 of this Agreement are true and correct as of the date of Closing; v) Certificate that (A) confirms the Seller's United States taxpayer number and (B) states that Seller is not a "foreign person" within the meaning of 26 U.S.C. § 1445 of the Internal Revenue Code of the United States of America of 1954, as amended (the "Code"), and otherwise in complies with the regulations promulgated under that Code section; and PURCHASE AND SALE AGREEMENT PAGE 3 OF 9 vi) Physical possession of the Property free and clear of all tenancies of every kind and parties in possession with all parts of the Property in substantially the same condition as on the Effective Date. (2) Purchaser, at its sole cost and expense, will deliver or cause to be delivered to Seller a cashier's or certified check, or a check of the Title Company, payable to the order of Seller in the amount equal to the Purchase Price. (3) Ad valorem and similar taxes and assessments relating to the Property will be the responsibility of Seller through the end of year 2012 and the responsibility of Buyer on and after January 1, 2013. Seller will be responsible for and will indemnify Purchaser against any and all costs and expenses (including, without limitation, attorney fees) incurred by Purchaser as a result of taxes assessed against the Property for periods of time before January 1, 2013. The provisions of this Section 5(b)(3) will survive the Closing. (4) Purchaser and Seller will, if requested, furnish satisfactory evidence of their authority to execute the Closing documents and consummate the sale and purchase contemplated in this Agreement, and will execute such other documents and take such other action as may be reasonably necessary or appropriate to effect such consummation. Section 6. Remedies. (a) If Purchaser refuses to consummate the purchase of the Property pursuant to this Agreement for any reason other than termination pursuant to a right granted Purchaser to do so, then Seller, at its sole and exclusive remedy, may enforce specific performance of the obligations of Purchaser. (b) If Purchaser terminates this Agreement pursuant to a right granted Purchaser under this Agreement, then neither party will have any further rights, duties, or obligations hereunder. (c) If Seller fails to perform any of its agreements or obligations under this Agreement, or should any of Seller's representations and warranties made be not true and accurate, Purchaser may: (1) terminate this Agreement by notifying Seller; (2) enforce specific performance of the obligations of Seller; and/or (3) seek any other rights, recourses, or remedies available to Purchaser, all remedies being cumulative. Section 7. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested or by facsimile. Notice given in accordance with this section will be effective on receipt at the address of the addressee. For purposes of notice, the addresses of the parties will be as follows: PURCHASE AND SALE AGREEMENT PAGE 4 OF 9 If to Seller, to: John Bradley P.O. Box 8 Anna, TX 7540M008 If to Purchaser, to: City Manager, City of Anna 111 N. Powell Parkway Anna, Texas 75409 Collin County, Texas 97M24-2620 Facsimile Section 8. No Commissions. Neither Seller nor Purchaser have engaged the services of a real estate broker or other person that has or would have the right to any commission in any amount as relates to the consummation of this Agreement, as relates to the Closing, or as relates to the Property. Seller agrees to defend, indemnify, and hold harmless Purchaser, and Purchaser agrees to defend, indemnify, and hold harmless Seller, from and against any claim by third parties for brokerage, commission, finder's, or other fees relative to this Agreement or the sale of the Property, and any court costs, attorney fees, or other costs or expenses arising from such claim, and alleged to be due by authorization of the indemnifying party. Section 9. Condition to Purchaser's Obligations. Purchaser will have a period of 20 days from the Effective Date in which to go on the Property and make inspections, environmental studies, surveys, test borings, and soil analysis, and in which to conduct a feasibility study of the drainage, utilities availability, environmental conditions and other matters to determine if the Property is suitable for Purchaser's proposed use or development. If within such 20-day time period Purchaser does not notify Seller in writing if Purchaser has found the Property unsuitable for Purchaser's use or development, then Purchaser will be deemed to have waived the provisions of this Section 9 and Purchaser may not thereafter terminate this Agreement for that reason. At any time prior to the end of such 20 Jay time period, however, Purchaser may notify Seller that Purchaser, in its sole discretion, has determined that the Property is not suitable for its proposed development, in which event this Agreement will terminate as provided for in Section 6(b). Purchaser's inspection of the Property will not, in any event, extinguish, reduce, or otherwise affect the warranties and representations made by Seller. Section 10. Condemnation. If prior to the Closing all or any part of the Property should be taken by eminent domain or condemnation or should any notice be given that any entity with the power of eminent domain desires to take all or any portion of the Property, Seller will immediately notify Purchaser in writing. Purchaser will have five days from receipt of such notice in which to elect to either terminate this Agreement or proceed to Closing. If within such five-day time period Purchaser elects to terminate this Agreement, then the same will be terminated as provided for in Section 3(b). If Purchaser does not notify Seller that it wishes to terminate this Agreement within such time period, then Closing will occur as otherwise provided, but Seller will assign to Purchaser at Closing all of Seller's rights to any condemnation awards or other proceeds payable in respect of the taking in question. PURCHASE AND SALE AGREEMENT PAGE 5 OF 9 Section 11. Seller's Representations and Warranties. Seller warrants and represents to Purchaser that: (a) Seller now has and will have at Closing good, marketable, and indefeasible title, in fee simple, to the Property, and no party, except as set forth in this Agreement, has any rights in, or rights to acquire the Property; (b) There are no (and on the date of Closing, there will not be any) actions, suits, or proceedings pending, or, to the knowledge of Seller, threatened against Seller or the Property which could materially adversely affect the Property; (c) Seller has full right, power, and authority to execute, deliver, and perform this Agreement without the necessity of obtaining any consents or approvals of, or the taking of any other action with regard to any third parties (or if any such consents, approvals, or other action are required, the same will be accomplished at or prior to the Closing), and this Agreement, when executed and delivered by Seller and Purchaser, will constitute the valid and binding agreement of Seller, enforceable against Seller in accordance with its terms; (d) Seller has no actual knowledge of any law, regulation, fact, or condition relative to the Property which would materially adversely affect Purchaser's proposed use for development for public park purposes; (e) To the best of Seller's knowledge, the use of the Property for the development for public park purposes will not violate any existing zoning ordinances or other public or private land use restriction; (f) To the best of Seller's knowledge, the Property has never been the site of any activity which would violate any past or present laws of any federal, state, or local governmental body or agency, including (without limitation) all environmental laws, and no hazardous materials have ever been buried on or in the Property; (g) The Property is not located within the boundaries of any municipal utility district, public utility district, or other similar body politic; (h) The Property has free uninterrupted access to and from a publicly dedicated street or road; (i) There is sufficient utility service available to the boundaries of the Property (including without limitation, gas, electricity, water, sewer, and telephone service) for the development on the Property for public park purposes; Section 12. Other Obligations of Purchaser. Prior to opening to the public any hike and bike trail constructed on the Property, Purchaser will construct a minimum six (6) foot high fence along the eastern boundary of the Property. Maintenance of the fence will be the obligation of the Purchaser. PURCHASE AND SALE AGREEMENT PAGE 6 OF 9 Section 13. Survival. All warranties, representations, and covenants made by Seller in this Agreement and in any document, instrument, or certificate executed and delivered pursuant to this Agreement will survive, and not be merged or extinguished by, the Closing or any investigation made by or on behalf of either party. Section 14. Foreign Person. In the event that: (a) Seller is a "foreign person" (as defined in 26 U.S.C. § 1445(f)(3) of the Code and its regulations); (b) Seller fails or refuses to deliver the non -foreign certificate required in Section 5(b)(1)(iv); or (c) Purchaser receives notice from any Seller -transferee's agent or Purchaser -transferee's agent (each as defined in 26 U.S.C. § 1445(d) of the Code and its regulations) that, or Purchaser has actual knowledge that, such certificate is false, and the transaction is not otherwise exempted from the withholding requirements of Section 1445 of the Code and its regulations, then Purchaser will be entitled to deduct and withhold from the Purchase Price a tax equal to the highest amount required or permitted by Section 1445 of the Code. In the event of any such withholding, Seller's obligations under this Agreement will not be excused or otherwise affected, Purchaser will remit such amount to and file the required form with the Internal Revenue Service, and Seller in the event of any claimed over -withholding will be limited solely to an action against the Internal Revenue Service for refund under the Code, and waives any right of action against Purchaser on account of such withholding. Section 15. Assigns. This Agreement will inure to the benefit of and be binding on the parties and their respective successors and assigns. Seller agrees that if Purchaser assigns its rights under this Agreement to a party who fully assumes Purchaser's obligations and liabilities, Purchaser will be fully released from all of its obligations and liabilities under this Agreement. Section 16. Purchaser's Costs as Liens. All sums paid by Purchaser on account of this Agreement, and the reasonable expenses of the examination of the title to the Property and to the survey made in connection with it are made liens on the Property. However, such liens will not continue after a default by Purchaser under this Agreement. If Seller fails to convey title in accordance with the terms of this Agreement, the sole liability of Seller will be to refund to Purchaser the amount paid on account of the Purchase Price, including the Earnest Money, and to pay the net cost of examining the title, which cost will not to exceed the charges fixed by the Title Company, and the net cost of any survey made in connection with examining title incurred by Purchaser. On the making of such refund and payment, this Agreement will be considered cancelled, and all the respective rights and obligations under it will cease and become null and void. PURCHASE AND SALE AGREEMENT PAGE 7 OF 9 f�0 Section 17. Exhibits. All exhibits are fully incorporated in this Agreement by this reference for all purposes. Section 18. Entire Agreement. This Agreement sets forth all agreements between Seller and Purchaser relative to the Property, and all prior negotiations or agreements are merged in this Agreement. No modification of this Agreement or subsequent agreement relative to the subject matter of this Agreement will be binding unless reduced to a writing signed by the party to be bound. Section 19. Applicable Law. This Agreement will in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. Section 20. Headings. The section and subsection headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or subsection. Section 21. Amendment and Waiver. This Agreement may be amended or changed only by written document duly executed by Seller and Purchaser, and any alleged amendment or change, which is not so documented will not be effective as to either party. Provisions of this Agreement may be waived by the party, which is entitled to the benefit by evidencing such waiver in writing, executed by such party. Section 22. Expiration of Offer; Effective Date. The offer represented by this Agreement will expire if not accepted by Seller, as hereafter providedI on or before 5:00 p.m. on November 26, 2013. Seller will accept this Agreement by executing a counterpart and delivering the same to Purchaser prior to the date and time stated in this section. For all purposes, the "Effective Date" of this Agreement will be the date upon which this Agreement has been executed by Seller, as indicated below, and delivered to the Purchaser. SIGNATURES ON FOLLOWING PAGE(S): PURCHASE AND SALE AGREEMENT PAGE 8 OF 9 SELLER (John Bradley) Date executed by Seller: John Bradley State of Texas County of Collin Before me, on this day personally appeared James Allen Mann, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of PURCHASER (City of Anna, Texas) By: Philip Sanders, City Manager State of Texas County of Collin 2013. Notary —State of Texas Date executed by Purchaser: Before me, on this day personally appeared Philip Sanders, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 2013. Notary —State of Texas PURCHASE AND SALE AGREEMENT PAGE 9 OF 9 W a QWMQ `1+ X o � pRrY R o ff £- W UJJF- Z ¢OU PON W L.1 F- � me�POx � �g ppm�pp ❑ (J�z �wgcr �W6 g m g%E—� t@' g8�2 �'�60p w O�l¢i�~iZ {eeS 1 8 06 yw Wpm E F e8za b� u�= S _ Z21 `•112 �SE Qy � s 5� €8 f~'+�BFt5_8=E$Bg, WZ z- €r, S8 �4gg n� sm k el€ mfo °16 ISO0 agee8�1��`a >3 ycN � ma ui ui � 3 333''8g 3W '' $ 4,cg m Ela Em eo`° $ €°m y��ri� 76oLT w G SSS m qE-zA 858� p€gz $u79$ $RToz iiE w ir zzz o u 19 N I ^ II I L w I Na N _ N w ti wy`° a❑N za f z Ow °pia I Jao N x worn QZM 0wa .. sum .¢.�J6 ZN ❑ Wwm JUN ElNQ ml ❑ Who N 6.O 3 i M£H yF WNn N MM J Nxm W �x / m M /� ON ON � ®6j zvMi a OQ Oil Owl:o w 3yn i xw < Ja ❑ ¢ UN u d I jl F1 Nd F ❑ Y N' ZOV T N zWM ZzAc ywaoo a NFa °� ZwQa w�=aNa ¢wa�Oo m W wowU dL1J¢ Y ❑U I pq ❑ ww Jad I w¢aZ m' � > M\ 3 0 3 `�\d z w p N z¢ 3 ❑ U OZ N ❑ WWM W w£ wHM S Z Z A w ^ ❑ d? jyn N w W N J ❑ J o Z 2 H ti U N ❑ z A 3 ~ £ F y W Z Z 13j W a LO o W M J N ¢ y w U � N� N m" I N P N Y.-.Nr 6N . N O P N o w w w 3 W W w Council Meeting: November 12, 2013 Account Code #Street Dept. Budget® Budgeted Amount: $100,000 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 approving the FY 2014 Street Rehabilitation Project Plan The FY 2014 Annual Budget includes $100,000 (engineering and construction) for a sheet rehabilitation project. City staff is recommending dividing the upcoming year projects in to two phases. City staff is recommending that Phase 1 include pavement and drainage improvement of the following roadways/streets: County Road 371 (Exhibit 1) and East Fork Road (Exhibit 2). Upon completion of Phase 1 staff will revisit with City Council in January 2014 to go over staff further street rehabilitation recommendations for Phase 2. City staff has prepared exhibits 3 thru 5 as potential options for rehabilitation and or full reconstruction projects. RECOMMENDATION: Staff recommends approval of the attached Resolution for the FY 2014 Phase 1 -Street Rehabilitation Project Plan. i c � T. .. 1 4 r: IEHABILITATION PROJECT PLAN PHASE I tNNEE�;, the adopted FY 2014 Annual Budget includes $ IOa,agO for a street rehabilitation project, and 1�II�E�EA�, the City. staff is reccrnr�enc�in� that the Projects inolude paven7ent and drainage improvements of the following roadwayfstreet(s): Phase �; 1) County Read 370 beginning from approximately ft. east of Cf71 and CR7 intersection and moving in an easterly direction for approximately 400 ft., and 2) Drainage Improvements along East Fork Road beginning approximately 1,900 ft, south of FM 455 and East Fork Rd intersection. FEXAS THAT, 'The recitals set forth above are incorporated herein for all purposes as if set forth in full, 111111 the City Council hereby approves the FY 2014 Street Rehabilitation F�roject Plan, attached hereto as EXHIBIT f and EXHIBIT2, incorporated herein, Mike gist, Mayor ATTEST: Natha Wllkison, Cifiy Secretary CD t; zi CD LK C) u "ro o-, 10 E w 'U DO Ci d E t2 u CD Lj) "A m rlr� u U 0 a, U > i5 C3 0 r- Qj 4- W 1, C: CIO _0 C) -0 -0 q, GJ ba @j 0 0 0 'o c t M < u m 0 .— > m 4 u fu V) LL 0 0 CL -0 -0 u o w CL CC In C) C) 00- �T-- C"') 4" cif u u co 0 LL th U (D 0 4- 2 ci +, Lnill 'o o E L'IOJ ro -0 0 C: 0 0 Nr m C) 0 fu CC V) z -Y CL QM bf) 6 0 5 " E gn % 0 E 00 ro CD P U� tA- W lJ lam.)41 in (Ii 4, q) C) (o I-- " 0 o u 1 0 E WO 41 tll(U (0 4- LA 'a 0 j� S_- 06 , a o r- f: o tn ai R C� ol 0 0) a 4- -I-, cu 00 0 CO WC) 0 cv o CL Ln C) 0 a) 0- M I C> C7 CD C� 0 O Cd (=> 0 C) C) oO(D0C)000 00 C> C) o ui o C> o o C) o CP\ (D to Co CT 0 Co C� C> CJ o C) %0 o ON \60 th ON ct O t t` N N N ~ N C) N r 00 " U c> �y 0 �'. (i9 64 69 69 69 6F3 FA f�S ff3 GH f t%S C) C> C� C) CD 0 C� CDovno C� C) C) CD 00 C? \p vi kn ci o 0 A O W � OttM 00 C> 0 p "z— M GS 69 b9 64) Ef? 64 69 W cnto v)v)cna a W 41 O C� O CD pp N O M vN Cd CD to 0) Q f+1 43 �' u t`1 II c� o U U p u�� C;j 4 bn bn0 Ed pj •� M W o tll C�.> . yAq : Cp Q �y �d Ei y U cd Cd > +�- �`� a, o �'.a �R b •� U 'u o O U ,Fq it .p o a C IR ii3 a�i R, 4Y U U W H S U CV rn d �n �o t� 00 a� O O O d 0 0 0 0 0 O O 0 `D d 'n �� o CD o Co �p 0 0 o N N d O C3 O N O ip 00 N d tl tn � t � ON �t y CD N \o 1D N t' M N- C cx �. 0 C-i. 69 i�9 V) w 09 69 609 69 Q) 69 V) GR Ff3 p O O d Vt 0 0 0 0 0 d 0 O d O C> O d d O C) �t �p M it)Cf) 00 00 Cl d O `rl: Qa n 69 fA L7 69 09 {09 69 69 V') 69 G ) O .�, db db tn o o 000 V") N N d A o. N Cn 4 N 8 U td' •tad W � : � %7' .y. •"•fit ctl � t bjD Q+ Q O LW + O� O o U # oA o�' F. U �o 4 a ° U a p o o ai u to W E W 00 Cn CC) •-• Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report X{OUR} HONiETOW N Council Meeting: November 12 2013 Account Code #:2012 GTUA Bond/2012 City of Anna CO Bond Budgeted Amount: $190 000.00 Staff Contact: Robert Woods Exhibits: X Yes ❑ No AGENDA SUBJECT: Authorization to solicit bids for South Well Ground Water Storage Rehabilitation Project. SUMMARY: Staff is recommending solicitation of bids for the rehabilitation of the South Well Ground Water Storage reservoirs. City's consultant performed inspection of the existing City's storage facilities this past summer 2013. This inspection revealed the need to perform rehabilitation on the two storage reservoirs located at the south well (300,000 and 100,000 gallons respectively). A detailed cost breakdown is provided as an attachment to this document. City staff is hoping to reduce the overall amount by bidding the rehabilitation of both reservoirs out together. RECOMMENDATION: Staff recommends approval of this request. 11910 Grce•IJvltle Avc,, Suite, 000 11,11111&1 Orman 7520 Fax (214) 4614390 IorIN w, tiraxna)+t�, I'.13_ GAR,Y C, 11ENAIOCK4, P,11, JOE R. CAI(1$1311, PX, PAUL A. CARLINI?, PA bilKITHICKCY^ P,13 ANDRCw }.IA'rA, JR.,110L 10S 1,11'r. dlliAJEWSKi, lit, P.i. DER11K ll, C OANkY, l'.i . iVlr. Roberi Waotls, Y.L. )1fector ofpublic Works City of Amin 111 North Powell Parkway knuit, Texas 75409 Ra: �oui:h well Grnutitl 5toragc Reservoir R�habilit�tion Lear Mr, t�'cJads; t )cto6er 1. �i, �013 A5 ru�luested, ore are enciosiJrg iiet�uzcd opiJ�ions of prob�iblc colistrueliat� cost for the rehabilitation ofthe 300,OuU gallon and 100,000 gallon grrovidl storage reservoirs at the Nouth R'W1 JOCatlalt. Our opinion of prolaablc consil'Lletion c45t for the t'eh�iblllttltiotr ofi ihu 3Ut?,OOO gtcltton reservoir i; in tllo I�in�;c al �kll�,tl�l0, alnd the rehabilitation of the 100,000 gallon reservoir is in the range of $85,000, far a total construction chat for the ruilabititation of Qre t-wo tanks being in the range of $190,000. The Opinions of probable construction cost are for each tank individually. If the two tanks were rehabilitated within tlic sane project, the probable construction cost could bo r ducod by 10 to 15%. I)lease review the enclosed itcimiAtcl opilticlue ofYrohablc fill J1sU'uctioll easC end let 113 know of any anminehts or tlliestions. ttJc are available to discuss this projeci further a1 yo�n- convenieltcc, �nd:lo5ui'os ca. 11�lr. I'liiiip Ialncicrs Mr. Doi) ideal Sincerely, 11ov Ko khotT, P.Is. I"�xrr,5 tinr�rt�rrrr I'nbltc. J�%`rn"Ics.�ivsoc:idtldrr �OI�AI►�arrlee �'rr+"trnrltrl<ant�l Projeca of the Yc�ar,�? Ivfirdir�t� -� Iylce ItncrrLLi� bStnfturr ltc�pZcrc�rlt<nt );`rinl�linmia17111CriuuirwlmuthW+•Jil��krdir�lAvmdhweRlaiikteFub�tloae �� TP.X7I,S1"�tTJlt�''.�.�tJ PROIiESSIONAI, ENGINEERS C'Ileatt: Clia� oFAttntt Project; 300�000 Callan Ci$k ite?labilitafifall Sih attel Shariey Project IN`o. L7at e: 16-C)ct-13 llcm No. _ — Ueticrlptltin — C)uantity llnit l'rlec Ancnu,it For Abrasive 131asGsig;iud Cleaning the Intcrior Tmik and interim Appurtencus of the `Tank, and Fully Containing all Blast Maturial anti I Existing Paini Removal I 1,.S, 20,000400 2010o0.00 2 Foil Paifltint,the. 11tleriornndInterim Apprii(wiccsofllic,1'anlc I 1;.5, S 151((]o.t)0 s 15,OOo,00 For Alsmsive I)boitig atilt ClC: i#6ig o)f IItc Complete Exterior of the. Tank, and. 1411113, coliCa!ning till 131ast Material and Existing Pairl 3 Rel-novill I L wS. 15,000,00 S 151000400 14'0r 11aiil1litil; IIIc l;xlci itsr s>f'Che'I'auk (single (.'olc r its bc, SGict;(c{1 iy it thf Owlicr) 1 t.,S, 1 20,000,00 $ 70,00O),00 For Proper Disposal of linerior and Exterior faint Removed, togetEcr 5 vridi Mrasivu litasting Tvledia used during Blasting O oration, I h,S. <; 5,000.0C S 51000*00 G Remove. and Rc hioo hoof Vent I L,S. 1 :4.500,00 1i 31500A � l"tilargo Roof Acccom I latch nrid Cover it) a i intinuin 30_ttich 7 ht cnuaer 0%julling — I L,S, $ 215o0.00 s 2,500.00 9 Pcrlorm Remedial Wedding, whoutref ucstfd bX the tltitnolm 20 FIr S 125.00 2,500400 her Pnuilin fix; "Anna" logo on the t;.Sturior of ttiu I 1111k I LS, 1 2500,00 S 2,Soo,00 Remove and Itel?laf.c inlofinl` udder including Now Sul'ety Climb 10 Devices and Strvtaln-ill Nlodifit;utions t 1,.5, 51000.00 i S,OOf ,Ot) I 1 histall Safiety Climb Systein on lixturicr Laddvr I L.S. f 7.45o0100 ;) 2,500.07 12 Romovu and ire rltim, Overflow Valvu I Ea. S 1150O.00 y f 500.00 Subtutalt `i 95,000.00 [:oniinf;encics wid hhscollaneous [tiros it}fu 9,500.00 1"uth 10d,5t10.00 10510()0400 �!d_I,riFa4ht4Arnigi`t131U•tl a�l7ed�tuush lVnl inn'a rchatir C-01"F�t+tr size ����.'�" � Of PROFESSIONAL ENGIN)H);l;'I S Clicut: CitLo�f Anna VvOj1ect: 100,()t)(1 gal a t t �SR IZchabilitation 5th and Sherley Pro�ec:t No. bate: ] fr-f0ct-13 I3y^ C.I4., ttcn� t�itJs I)eseei �tlun �unntltY Untt 1'r1c Amount For Abrasive Blasting and Cleaning the lnterior Tank raid Interior Aplpurionces of the Tank, and I=ally CORIA1111ng fill Blast Material And 1 Existing Paint Removal I L,S. 12,500.00 $ 12,500,00 2 For Painting the Interior and Interior A p rutences of the'1'Ank I L.S. S 1015()0400 $ 10,500.00 Igor Abrasive Blasting and Cleaning of the Complete Exterior of'tho Tank, and Fully Containingall Blast Material and l xisting Paint 3 Reupovai 1 I-,.S. 10,500.00 10450OX)o For Painting llie Extcricpr of thu Tailk (8113gle Color to be sclocted by el the Owner) L L.S. 12,500.00 $ 12,500,00 For Proper Djspop al of Interior and ExtariorPaint Renioved, togo"wr 5 with Abrasive Blastin Media useci dttt`ilrg Blastln r C? or<dian. I ]'. ,S, S 2,500.00 $ 2,500M 6 Remove and Replace Roof Verit I L,S. 3,500.00 $ 37500.00 ilnlargr, Roof Access Klatch and COVOr to It mininpt1111 30-i11011 7 Dianietor Opening 1 L4,Sa $ 3,000.00 $ 3,000,00 $ Perform Reviedial Welding, whoa requested by the Owncr 15 I1r $ 125.00 $ 1,875.00 9 For Pajntin r the "Anna" logo on the Exterior oi'(fie Twit: I L.S. 31(i00.(i7 s 3000) 10 lirjinDye find Replace Mallway to 111eel'1`CEQ standards L HJa 0,000.00 $ 61000*00 Iternove rend Replace Interior Ladder including New Safety ClinAp II devices and Structural Modifications 1 LS& $ 54000too $ 5,000,00 12 install Satbty Climb System on Exterior Ladder X L,S, $ I1500.00 $ 1,500.00 13 Romovo And tie lace Overflow Valve I Eli. $ 2,000.00 21000A3 Renove ExisL Tank Dralll Valve and Ijnrrush NeVl'rAi11S Drain Valve 14 at a Lowor Elevation I EA. S 2,500.00 a 24500400 Contin enoics and Miscellaneous Items 10% $ 7,687.50 Total: $ 84,562.50 USE: S 5540tltt,00 J:yC'6HRICALi,lnnn13tlb7.17,°J.hS�Kl61Pu111nuk ttitmli�ssima#c x?xc �{tF�{?;P7f 1 X{OUki} HOMETOW PT Council Meeting: November 12, 2013 Account Code #2012 City of Anna CO Bond Budgeted Amount: $435 000.00 Item No. 1(J City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Robert Woods Exhibits: X Yes ❑ No AGENDA SUBJECT: Authorization to solicit bids for Renovations of Public Works and Police/Utility Buildings, SUMMARY: Staff is recommending solicitation of bids for the Renovations of Public Works and Police/Utility Buildings. The City's consultant has prepared plans and specifications to cover the proposed renovation and office expansion work for the Police and Utility Department Building and the Public Works Building. The Police and Utility Department building renovation is being performed to accommodate the relocation of the finance department personnel. The Public Works building expansion and renovation will accommodate the relocation of Planning and Development group as well as bringing the building into ADA compliance. The Police/Utility Building renovation will consist of the remodeling of approximately 250 square feet ksf) of building space. The expansion and renovation of the Public Works Building will consist of the renovating approximately 1,425 sf of building space. The expansion will increase the square footage by approximately 2,510 sf of the building. The expansion will bring the total square footage of the Public Works Building to +/4,450 sf of office space. RECOMMENDATION: Staff recommends approval of this request. 304(I Old Denton Rd, Suite l l I-zxly Carrolltmi, TCxas 75007 972-741 �3705 IftirrruErtl was ,ti'uedc.1all UtIAMVES ta�190 a/iCX UPltcs N�ven�ber 6, 2013 I'ltilip Satfclers City Manager City of Anna P.C. Box 776 Anna, Texas 75409=0776 �ubjcct: Renovations of Public Works and Police `Ijlts ptc�jcct is ready to be t°eleasect for public bid. �'he �I}'/9 construction documents were priced by two contractors and we appear to be within the ()revious project budget of $435,000 despite the changes to the scope of the project: Please see the attached opinion of cost for a breakdown, A lime item_ for security carneras was added to the project for the cameras and system. Tile witaing was added to the drawings as an alternate. �inct;rc;ly> y Melissa Brand -Volley I31V Architects Principal rnbv@bv-arch.coin ��1lrtaftrrprt� �'n��tlflh Plcrtt�Jtt'i� �Spc�r�ri(i,ti•i,, I ll I 1c.IIi05tJ r. „ • i Totallanswms 111612013 Opinion Pr} wilding Costs iesilr�q Services Subsurface Soils Cons#ruction Materials Construction Building {reference cnnstructton budget) Move IT from old city hall to police Demolition of old city hall $s�ia,�oa $5,000 $ r 0,000 $35 ,4tra0 Furniture $25,6Qu Telephone & Computer (Cabling Only) $3,500 Cecurity/Cameras so Telephone system so Computers tvioving Costs M/Sound System (meeting room) Total Building Cost Indirect Costs A/E Design Fees (CD'S for both building} Cost. Estimating Civil Engineering ({drainage Masterpian) Civil Engineering (utilities, Site Survey & Platting) handscape Design Interior Design & Fumiture Selection Winbursable Tntat indirect Gusts T4tat project Contingency (4-�la was 5°l�) I�GIt� $34,aDa {incl siruct) $96,692 keptjta/o To a rp ect Cost 4 3, 61 Previous Project Cost �Ifference $435,t)DO ($9,ODg) i;onstruction �udgei Breakdown rea rea os ast otes Site DQveiopment Parking New Spacesfdrives - 0 - 5 7.50 $ - to be done by city 0 Drainage hnprovements $ _ $ n Privacy Ponce ()' Wood) $ $ Ivlonument/Olrectionul Signs $ _ $ Landscape $ $ Suh �"otai Slte Dovbiapment Suitdinct Renovate Misting Buildings Finance - PolicelUtility Building Planning- Public Works Bldg Expansions Breakfrrainincg Renovation to! let/showershvelislcarpeticeiling )ub Total Building Subtotal Site $, wilding Design Contingency (3°fo) 250 3 �10A0 $ 10,00�i 2,510 $ 90,00 $ 225,900 515 $ MOO $ 46,350 1,425 $ 38,00 $ 54,150 4,7on $ 71,57 5 336,400 $ - design completed Current Value Escalation o (I construction (not Included) ) 336,400 Previous Construction Budget $ 336,700 Difference From Previous $ (300) Finance �ionouatic�n Tanning Renovation �ubTotal wilding 'Ia�Io Contingency Total Furniture nn oenovabonsi Expansi!ns 11/612013 2,510 e .0s0 $ 207080 � 28,580 �,020 X{OUR} ROMJETOW PT Council Meeting: November 12, 2012 Account Code # Budgeted Amount, Item No. 11 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 a Resolution approving a Tower Site License Agreement with GCEC TELECOM, SUMMARY: GCEC TELECOM has requested a license agreement that would allow them to mount antenna equipment on the City's water tower located at 3300 N Powell Parkway. GCEC plans to use the installation to provide wireless service to customers in northern Collin County. The attached license agreement would allow GCEC to use this tower for a four year term starting on XXX. The City would receive a license fee of $800 per month during the first two years and $1000 per month during the final two years of the Agreement. The City is currently working with GCEC on a proposal to provide broadband fiber phone and internet service to all City buildings. Revenue from this tower license agreement will help off -set the cost of the new fiber telephone and internet service. RECOMMENDATION: Staff recommends approval of the attached Resolution approving the Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A TOWER SITE LICENSE AGREEMENT WITH GCEC TELECOM WHEREAS, the City of Anna, Texas (the "City") and GCEC TELECOM ("Licensee") desire to enter into a Tower Site License Agreement (the "Agreement"); and WHEREAS, the City Council of the City of Anna, Texas finds that approval of the Agreement is in the best interests of the 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 authorizes the City Manager to execute on its behalf a Tower Site License Agreement with GCEC TELECOM (the "Agreement"), attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12tn day of November 2013. APPROVED: ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 TOWER SITE LICENSE AGREEMENT THIS TOWER SITE LICENSE AGREEMENT (this "License") is entered into between the City of Anna (the "City"), a Texas municipal corporation, and GCEC TELECOM. ("Licensee"), a Texas corporation with its principal business at 555 N Henry Hynds Expressway Van Alstyne, TX 75495.9 WHEREAS, Licensee and the City are sometimes collectively referenced in this Agreement as the 'Parties", or, each individually, as "Party"; and WHEREAS, the City owns a Tower Structure, as hereinafter defined, suitable for the placement of Antenna Facilities, as hereinafter defined; and, WHEREAS, Licensee seeks to provide high-speed Internet services to citizens and businesses within and near the City's corporate limits, and it is in the best interests of the City to facilitate the provision of such services upon the terms set forth in this License. . NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Property. (a) The City is the titleholder or otherwise controls that certain real property located at 3300 N Powell Parkway, Anna, Texas (hereinafter referenced as the "City's Property"), which is described on the attached Exhibit A, incorporated herein by reference for all purposes. The parties agree that the City's Property in Exhibit A is correctly described. (b) The City hereby agrees to license to Licensee the limited use of a certain tower located at 3300 N Powell Parkway, Anna, Texas (said tower hereinafter referenced as the "Tower Structure"), subject to the terms of this License. The License allows the Licensee to place communications devices and equipment (said devices and equipment here referenced as "Communication Equipment") at or within a close distance of the base of the Tower Structure and to mount certain communication facilities (said communication facilities herein referenced as "Antenna Facilities") onto the Tower Structure. The Communication Equipment must be stored within a closed box (said box hereinafter referenced as "Equipment Enclosure"). The relative location within the City's Property of the Equipment Enclosure and the Antenna Facilities as shall be as depicted in the sketch attached as Exhibit B, incorporated herein by reference for all purposes. During the Term, as defined hereinafter, the Licensee may run cables and wires under, over and across the City's Property to connect Licensee's Antenna Facilities to its Communication Equipment and shall have the right to access and maintain same in accordance with this License; provided, however, that the running of such cables and wires shall not unreasonably interfere with the City's use of the City's Property. Licensee is also granted a non-exclusive license for reasonable access to the City's Property when installing, removing, replacing, and/or servicing its Equipment Enclosure, Communication Equipment or Antenna Facilities. 2. Term. The term of this License shall be four years (the "Term"), commencing on the Commencement Date of this License, subject to earlier termination as provided for under this License. This License shall terminate at the end of the Term unless before then the parties agree in writing to extend this License for an additional period of time. 3. Payments/Compensation, TOWER SITE LICENSE AGREEMENT Page 1 of 9 (a) Licensee shall make monthly payments to the City on the same day of the month as the Commencement Date, which shall be ninety (90) days after the Effective Date. Starting on the Commencement Date, said payments shall be made each month, in advance, to the City, or to such other person, firm, or place as the City may, from time to time, designate in writing at least 30 days in advance of any payment date. (b) Said monthly payments shall be in the amount of $800 during the first and second years of the license, and $1,000 during the third and fourth years of the license. (c) As additional compensation for this License, Licensee shall during the Term of this License, and at the City's option, furnish —at no cost to the City —wireless internet services to up to 3 locations at the City's discretion ( City buildings, facilities and parks) at the widest bandwidth and at the highest speed that Licensee offers or makes available to its commercial/business customers, along with the highest capacity and highest performing hardware/equipment (including but not limited to dishes/receivers, signal relay/boost equipment, modems, etc.). (d) In the event of termination of this License for any reasons) other than Licensee's nonpayment of any amounts due in accordance with paragraphs (a) and (b), above, or Licensee's failure to provide services to the City in accordance with paragraph (c), above, payments due shall be calculated on a prorated basis as of the date the Communication Equipment, Equipment Enclosure, Antenna Facilities, associated cables/wires and any other property of Licensee are fully removed from the City's Property and Licensee restores the City's Property to the condition in which it existed as of the Commencement Date, excepting normal wear and tear and restoration being required only to the extent that Licensee or Licensee's property or use thereof caused any changes to the condition of the City's Property. In the event that payments are calculated on a prorated basis as set forth in the preceding sentence, and the City is in receipt of prepaid amounts that exceed the prorated amount due, such excess amount shall be refunded to Licensee. However, any prorated payment that would otherwise be refunded to Licensee under this or any other provision of this License shall be subject to deductions of all costs incurred by the City if Licensee fails to remove its equipment and restore the City's Property as described above within 60 days of notice of termination. The City shall provide any prorated refund thereafter due within 90 days after notice of termination. 4. Use. (a) Unless under a prior written agreement signed by the City and only to the extent permitted thereunder while such agreement shall remain in effect, Licensee has no right to enter, access or use the City's Property until the Commencement Date. On the Commencement Date and thereafter, Licensee agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict during the Term, and Licensee's use and rights under this License shall be subordinated accordingly. (i) The City. (ii) Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the City. (iii) Government -regulated entities providing services to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone service. (b) Licensee's use of the City's Property shall include and be limited to the installation, operation, and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities and associated cables/wires necessary for the transmission and reception of radio communication signals and for the operation of related equipment in accordance with the TOWER SITE LICENSE AGREEMENT Page 2 of 9 provisions of this License. Licensee shall at all times act and be in compliance with all federal, state, and local laws and regulations. If for any reason Licensee's use fails to comply with any federal, state or local law or regulation and Licensee fails to bring its use within compliance within 30 days of written notice of such noncompliance, this License shall be terminated as provided herein, unless sooner authorized by such applicable law. The City agrees to reasonably cooperate with Licensee in obtaining, at Licensee's sole expense, all additional licenses and permits required for Licensee's use of the City's Property, 5. Installation of Improvements. Access. Utilities. (a) Licensee's installation of any equipment or personal property and construction of any structures or other improvements shall be done according to plans submitted by Licensee and approved by the City, and no equipment or property shall be subsequently relocated without the City's approval. During the term of this License, Licensee shall have the nonexclusive right to use the City's Property for the purpose of transmitting and receiving radio communication signals. The City specifically reserves the right to allow the City's Property to be used by other parties of the type and for the purposes generally described in this License, and to make additions, deletions or modifications to the Tower Structure on the City's Property. (b) Licensee may request to add, upgrade or replace Communication Equipment, Equipment Enclosure and/or Antenna Facilities from time to time. If so requested, Licensee shall submit to the City a structural study as may be reasonably requested for the City's evaluation of proposed additions or upgrades. All costs for required structural studies will be paid by Licensee within 30 days of receipt of a detailed invoice. The City reserves the right to: (1) require renegotiation as to the amount of the required payments set forth in Paragraph 3(b) if in the City's judgment Licensee's proposed additions and/or upgrades of the Antenna Facilities and/or Communication Equipment justify an increase; and (2) deny such additions and/or upgrades if such renegotiations do not result in a mutually agreeable amendment to this License. (c) Licensee shall have the right, at its sole cost and expense, to install, operate and maintain on the licensed portions of the City's Property the Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property as described in Exhibit B and approved by the City. All such improvements shall be constructed in accordance with the City's specifications and according to a site plan approved by the City. The Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property, shall remain the exclusive property of Licensee, subject to Paragraph 8(c) of this License. No equipment shall be stored on the City's Property outside of the Equipment Enclosure, and all appropriate permits must be obtained prior to construction and use of the Equipment Enclosure. (d) Licensee, at all times during this License, shall have access to the licensed portions of the City's Property and the Equipment Enclosure in order to install, operate and maintain its Antenna Facilities. Licensee shall have access to the Tower Structure only with the approval of the City and in the presence of an employee of the City. Licensee shall request access to the Tower Structure at least 24 hours in advance and the City's approval thereof shall not be unreasonably withheld or delayed. If Licensee requests access to the City's Property or Tower Structure outside normal City business hours, Licensee shall be responsible for payment of all costs, including but not limited to salary/overtime costs, incurred by the City as a result of providing the requested access to the Licensee. Full reimbursement shall be provided to the City within thirty business days of receipt of the City's written request for reimbursement. TOWER SITE LICENSE AGREEMENT Page 3 of 9 (e) All utilities will be buried unless otherwise approved by the City in writing. (f) Licensee shall have sole responsibility for the maintenance, repair, and security of its Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property, and shall keep the same in good repair and in safe condition at all times. Any unforeseen or additional costs for servicing or maintaining the Tower Structure that are due to the presence of or the installation of the Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property, will be the responsibility of Licensee. (g) Licensee will adhere to all applicable OSHA safety requirements. (h) Licensee shall place no advertising on the site or on any structure on the site. (i) All of Licensee's equipment and operations will comply with any applicable noise and nuisance ordinances of the City. 6. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required under this License. 7. Licensee Defaults. (a) Not by way of limitation, the parties hereto understand and agree that the occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by Licensee: (i) The failure by Licensee to make any payment of rent or any other payment required to be made by Licensee hereunder, as and when due, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City. (ii) The failure by Licensee to observe or perform any of the covenants or provisions of this License to be observed or performed by the Licensee, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City. (b) If there occurs an Event of Default by Licensee, in addition to any other remedies available to the City at law or in equity, the City shall have the option to terminate this License and all rights of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver is set forth in a duly authorized written document properly adopted and signed by the party granting the waiver and delivered to the other party. Any waiver of any right under this License shall not be deemed a waiver of any other rights under this License. 8. Termination and Suspension. (a) This License may be terminated as follows: (i) By either party, upon a default of any covenant or term hereof by the other party, which default is not cured within 30 days of receipt of written notice of default to the other party; TOWER SITE LICENSE AGREEMENT Page 4 of 9 (i1) By Licensee, if it is unable through no fault of its own to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Licensee business, after pursuing such license, permit, or other approval with due diligence; By the City, if it determines in its sole discretion and for any reason, that the Tower Structure is structurally unsound for its intended use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Tower Structure or the City's Property from any source, or factors relating to condition of the City's Property; (iv) By the City, if it determines that the Antenna Facilities unreasonably interfere with another user with a higher priority as set forth in Paragraph 4(a) if Licensee cannot correct the interference within 30 days; (v) By the City, if Licensee's use of the City's Property is or becomes illegal under any federal, state or local law, rule or regulation; or (vi) By Licensee, if within 30 days before the second anniversary of the Commencement Date of this License Agreement, Licensee provides written notice of such termination to the City. (b) This License shall be considered suspended temporarily if: (1) the City determines that maintenance or repairs must be performed to the City's Property or to the Tower Structure; (2) such maintenance or repairs require removal of all or a part of the Communication Equipment, Equipment Enclosure, Antenna Facilities, any other associated cables/wires, or any other property of Licensee (collectively, "Licensee's Property"); and (3) such removal results in Licensee's inability, through no fault on its part, to broadcast its transmissions as intended. Whenever practicable, the City shall provide Licensee with written notice specifying the part or parts of the Licensee's Property that must be removed and an estimated duration of time before reinstallation will be permitted. Licensee shall complete such removal promptly, but in no event later than the 30th day after such written notice. If Licensee does not timely remove the parts of Licensee's Property specified for removal, then the City may facilitate the removal of same by any means and Licensee must in that event reimburse the City for any removal expenses. The City shall have no obligation to replace or reinstall any of Licensee's Property that has been removed. Licensee's removal and any subsequent reinstallation of any of Licensee's Property shall be at Licensee's own expense. Further, the City shall at no time be responsible for any damage to Licensee's Property related, directly or indirectly, to any removal or reinstallation of Licensee's Property or any part thereof. (c) In the event of an emergency concerning public health and safety, the City may facilitate removal of Licensee's Property at any time and by any means the City determines to be necessary to avoid or defend against potential death, injury, or damage to property. This may include without limitation requiring Licensee to remove same without notice or with very short notice, depending on the circumstances. For the time period that Licensee is, through no fault on its part, unable to broadcast its transmissions as intended due to such removal, the License shall be considered to be suspended. (d) As it relates to removal of Licensee's Property during any period of suspension under this License, the City shall as soon as practicable provide to Licensee in writing a reinstallation date upon which the Licensee shall be allowed to reinstall any of Licensee's Property. Any suspension described in this License shall be considered to be concluded on the tenth day after the designated reinstallation date whether or not the Licensee's Property has been TOWER SITE LICENSE AGREEMENT Page 5 of 9 reinstalled and whether or not the Licensee has resumed transmissions from the Tower Structure. After a suspension period is concluded, the City, upon request by the Licensee, shall refund a prorated amount of any fees already paid to the City. Such repayment amount shall represent and be in the sum of the fees that Licensee would otherwise have been obligated to pay during the suspension period were it not for the suspension. A suspension of this License shall not toll or otherwise alter the Term of this License. (e) Should it at any time be determined by the City that the Tower Structure must be removed or modified —or that the City's Property must be configured or otherwise used —in a way that precludes Licensee's use thereof, then this License may be terminated by the City by providing 30-days written notice. This termination remedy is in addition to and cumulative of any other termination provision in this License. In the event that the City provides such notice, then Licensee must remove —no later than the 301h day after such written notice —Licensee's Property from the Tower Structure and from the City's Property. If Licensee fails to timely remove any part of Licensee's Property, then the City may facilitate the removal of same by any means and Licensee must in that event reimburse the City for any removal expenses. Further, the City shall at no time be responsible for any damage to Licensee's Property. (f) The City shall not in any manner be liable for any expense or damages whatsoever, including without limitation consequential damages, loss of use, loss of profits, or any other costs, claims or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the removal of any of Licensee's Property in accordance with this License; or (2) the City suspension or termination of this License in accordance with the provisions of this License, which shall not be considered a breach of this License. (g) Upon termination of this License for any reason, Licensee shall remove any remaining part of Licensee's Property from the Tower Structure and the City's Property wn 60 days after the date of termination, and shall restore the City's Property to the condition it was in on the Commencement Date of the term of this License ordinary wear and tear excepted, all at Licensee's sole cost and expense. Any such property which is not removed by end of said 60-day period shall become the property of the City. 9. Insurance. (a) Licensee shall provide Comprehensive General Liability Insurance coverage, including premises/operations coverage, independent contractor's liability, completed operations coverage, contractual liability coverage, and the City will be held harmless for acts of outside vendors in a combined single limit of not less than $1,000,000 per occurrence, and $4,000,000 aggregate, and name the City as an additional insured on such policy or policies. Licensee may satisfy this requirement by an endorsement to its underlying insurance or umbrella liability policy. (b) Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. (c) Licensee shall provide to the City, prior to the Commencement Date of this License, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Texas, which includes all coverage required TOWER SITE LICENSE AGREEMENT Page 6 of 9 above. Said certificate shall also provide that the coverage may not be cancelled, expired, or materially changed without 30 days prior written notice to the City. 10. Adverse Medical Effect. In the event that it is established that Licensee's operation of the wireless facility is determined to be medically related to a health problem, the City must notify Licensee of the related issues. In the event that Licensee causes, permits or allows such activities determined to be medically related to a health problem to continue, the City shall have the right to immediately terminate this License if Licensee fails to discontinue or remedy the operation within 30 days of written notice of any such relationship. 11. Damage or Destruction of Property. If the City's Property, Tower Structure, or Antenna Facilities are destroyed or damaged so as, in Licensee's judgment to render the site unusable as Antenna Facilities, Licensee may elect to terminate this License upon 60 days written notice to the City. In the event Licensee elects to terminate the License, Licensee shall be entitled to reimbursement of any prepaid rent prorated prior to the date of termination. 12. INDEMNIFICATION. EXCEPT FOR THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE CITY'S AGENTS OR EMPLOYEES, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION, INCLUDING REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS AND EXPENSES OF LITIGATION, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY THE CITY OR FOR WHICH THE CITY MAY BE HELD LIABLE, WHICH ARISE FROM THE NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER FAULT OF LICENSEE OR ITS EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS LICENSE OR FROM THE INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR, REMOVAL, OR PRESENCE OF LICENSEE'S ANTENNA FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICAL INTERFERENCE OR HEALTH PROBLEMS CAUSED BY LICENSEE'S TRANSMISSION OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS AND WARRANTIES OF PARAGRAPH 14(B) OF THIS LICENSE, AND SHALL FURTHER INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, INCURRED IN ANY ATTEMPT TO ENFORCE THIS INDEMNITY PROVISION. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT, 13. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return receipt requested to the following addresses: If to the City, to: City Manager City of Anna P.O. Box 776 Anna, TX 75409 If the Licensee, to: GCEC Telecom Attn.: Lance White P0Box 2119 Sherman, TX 75495 TOWER SITE LICENSE AGREEMENT Page 7 of 9 14. Representations and Warranties. a) The City warrants that (1) it has full right, power, and authority to execute this License; and (2) to the best of its knowledge, it has good and unencumbered title to the City's Property free and clear of any liens or mortgages, except as may be disclosed by review of title, or has a right of control over same for the full duration of the Term. b) Licensee represents and warrants that its storage and use of any substance or material on the City's Property will comply with applicable federal, state or local law or regulation and that it will store and use said substance or material on the City's Property only if necessary for its transmission operations. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGE, AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES RELATING TO, ARISING FROM OR DUE TO THE STORAGE OR DISCOVERY OF ANY OF THE ABOVE REFERENCED MATERIALS THAT ARE PART OF LICENSEE'S COMMUNICATION EQUIPMENT, EQUIPMENT ENCLOSURE, ANTENNA FACILITIES, AND ANY OTHER OF LICENSEE'S IMPROVEMENTS AND PERSONAL PROPERTY, OR ANY COMPONENT PARTS OR BY-PRODUCTS THEREOF IN VIOLATION OF APPLICABLE LAW. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT. 15. Assignment. This License may not be sold, assigned, or transferred by Licensee without the written consent of the City, such consent not to be unreasonably withheld. 16. Third Parties. This License is granted strictly to the Licensee and its provisions are not intended in any manner to benefit any third party. 17. Miscellaneous. (a) This License constitutes the entire agreement and understanding of the parties relating to the subject matter of this License, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this License must be in writing and executed by both parties. (b) The parties understand and agree that this is a License for use of the (.ity's Property and Tower Structure and is not a contract for goods or services as defined under Texas Local Government Code § 271.151. (c) This License shall be construed in accordance with the laws of the State of Texas. Exclusive jurisdiction over and venue for any cognizable claim related directly or indirectly to this License shall lie in Collin County, Texas. (d) If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. (e) Licensee waives all rights and remedies under law and equity to bring a claim or cause of action against the City that arises out of, relates (directly or indirectly) to, or is in connection with this License, including but not limited to any claim or cause of action TOWER SITE LICENSE AGREEMENT Page 8 of 9 available under the Uniform Declaratory Judgment Act ("UDJA") , except that Licensee reserves the right to seek specific performance of the City 's duties under this License other than by a claim brought under the UDJA. (f) This License is subject to all zoning approvals and building permits. (g) This License represents the entire and integrated agreement and all understandings between the parties and supersedes and renders void all prior negotiations, representations and/or agreements between the parties, either written or oral. (h) The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. DULY AUTHORIZED SIGNATURES: Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the Sanders, City Manager, City of Anna, Texas. Notary Public, State of Texas Lance White General Manager, GCEC TELECOM. THE STATE OF TEXAS } COUNTY OF } day of 2013, by Philip This instrument was acknowledged before me on the day of White, General Manager, GCEC TELECOM. Notary Public, State of Texas 2013, by Lance TOWER SITE LICENSE AGREEMENT Page 9 of 9 :/:11:3kr:l PRODUCT SPEC SHEET CANOPY PMP320 ACCESS POINT Cambium Networks Service providers need to deliver reliable, high -quality broadband service at a low investment to succeed in today's competitive marketplace. The CAP 36320 is an 802.16e standards -based fixed, outdoor solution that provides reliable, cost-effective fixed connectivity in the 3.6 to 3.8 GHz licensed band including the 3.65 to 3.70 GHz lightly licensed band in the United States. Cambium Networks provides exceptional wireless broadband connectivity solutions. With more than 3 million modules deployed in thousands of networks around the world, Cambium solutions are proven to provide cost effective, reliable data, voice and video connectivity. Up to 44.5dBm FCC limit f Up tc QPSK (1/2), QPSI<(3/4), 16QAM(1/2), 16QAM(3/4), 64QAM(1/2), 64QAM(2/3), 64QAM(3/4), 64QAM(5/6) December 2011 PRODUCT SPEC SHEET CANOPY PMP320 ACCESS POINT Cambium Networks December 2011 Our Cambium Point -to -Point (PTP) 200 Series Wireless Ethernet Solutions are designed to give you high throughput, reliable broadband communications on a tight budget. With a PTP 200 Series solution, enterprises, government organizations and service providers with limited resources can establish and extend backhaul communications affordably. Meeting Your Needs Within our Cambium PTP 200 family of products', you can choose among three line -of -sight (LOS) and near -line -of - sight (nLOS) solution platforms, the PTP 200, PTP 230 and PTP 250.Our PTP 49200 system operates in the 4.9 GHz defined -use licensed band at data rates up to 21 Mbps. This system provides very reliable and affordable connectivity and backhaul to support police officers, firefighters, 91-1 centers and other public safety agencies. In the PTP 230 platform, our PTP 54230 and PTP 58230 models operate in the 5.4 and 5.8 GHz license exempt bands at data rates up to 50 Mbps. These systems are ideaI to supply affordable long-distance communications. In addition, PTP 54230 and 58230 systems can synchronize communications using a GPS timing device, allowing you to collocate multiple radios with virtually no self -interference. Our PTP 5X250 is a dual -band' radio operating in the 5,4 and 5.8 GHzlicense-exempt bands. PTP 5X250 systems offer data rates up to 256 Mbps (release 02-00 and higher). For applications such as video surveillance, Voice-overdi` and streaming video content, these systems offer very compelling, price -per -megabit communications. Having a wide array of value -priced, high -quality communication options makes it easy to obtain the right combination of features to meet your specific application, infrastructure and environmental requirements. RADIO TECHNOLOGY RE bands' Define_ _ d-Use Licensed Band: 49200: 4.940 — 4.990 GHz License -Exempt Bands: 54230: 5.470 GHz -- 5.725 GHz 58230: 5.725 GHz — 5.875 GHz 5X250: 5.470 GHz — 5.725 Gfiz 5,725 GHz — 5.850 GHz Channel size In all cases, channel sizes depend on region code. 49200: 10 MHz 54230, 58230: Configurable to 10 or 20 MHz 5X250: Configurable to 20 or 40 MHz Channel selection 49200, 54230, 58230: Manual selection 5X250: Automatic selection on start-up, with manual override Transmit power' 49200: Auto transmit power control by Master up to 18 dBm System gain' Receiver sensitivity --- ....____---------- Modulation 54230, 58230: -30 to +19 dBm to EIRP limit by region (1 dBm interval) 5X250: Up to 22 dBm; varies with modulation mode and settings. 49200: Integrated — Up to 141 dB using Integrated antenna 54230, 58230: Integrated — Up to 125 dB using Integrated antenna LENS — Up to 137 dB using passive LENS Reflector — Up to 155 dB using passive reflector 5X250: Integrated — Up to 158 dB using 23 dBi Integrated antenna System gain will vary with modulation mode and antenna type. 49200: Up to -89 dBm (with FEC) 54230, 58230: Up to -86 dBm (with FEC) 5X250: Adaptive, varying between -93 dBm and -71 dBm 49200: Adaptive between OPSK,16 DAM and 64 CAM 54230, 58230: Adaptive between QPSK,16 DAM and 64 CAM 5X250: Dynamic; adapting between BPSK and 64 CAM with single and dual payload Error correction 49200: ARQ, FEC (3/4 Reed Solomon block coding) 54230, 58230: ARQ, FEC (3/4 Reed -Solomon block coding) 5X250: ARQ, EEC Duplex scheme Time Division Duplex (TDD) Antenna In all cases, check local regulations prior to antenna purchase. 49200: Varies with antenna type; can operate with a selection of separately - purchased antennas, 50 ohm N-type 54230, 58230: Integrated —10 dBi (55° antenna), can be enhanced with passive LENS or reflector dish 5X250: Integrated flat plate 23 dBi / 7° Connectorized: Can operate with a selection of separately -purchased single and dual polar antennas through 2 x N-type female connectors Maximum Range 49200: Integrated— Up to 15 mi (24 km) 54230, 58230: Integrated — Up to 4,5 mi (7.2 km) LENS — Up to 18 mi (29 km), Reflector — Up to 80 mi (128.7 km) 5X250: 20 MHz Channel — Up to 34 mi (54 km) 40 MHz Channel — Up to 17 mi (27 km) Models vary with modulation mode and antenna type and size. Security and encryption 49200: DES, FIPS 197128-bit AES Encryption 54230, 58230: DES, FIPS 1971284t AES Encryption 5X250: Proprietary encryption; TIPS 197128-bit AES Encryption (available in North America) ETHERNET BRIDGING Protocol 49200: Proprietary OFDM 54230, 58230: Proprietary OFDM 5X250: Proprietary User data throughput 49200: Up to 21 Mbps (aggregate) 54230, 58230: 10 MHz Channel - Up to 24 Mbps 20 MHz Channel - Up to 50 Mbps 5X250: Up to 256 Mbps at the Ethernet (aggregate): 20 MHz Channel - Up to 112 Mbps 40 MHz Channel - Up to 256 Mbps Latency (typical) 49200: 5 to 7 ms round trip 54230, 58230: 5 to 7 ms round trip 5X250: 4 ms round trip -- --- --- - - - - ----- DOS 49200: DiffSery QoS 54230, 58230; DiffSery QoS Ethernet Interface 49200: 10/100 Base T (RJ-45) 54230, 58230: 10/100 Base T (RJ-45) 5X250: 1000 Base T (RJ-45), auto MDI/MDIX VLAN 49200: 802.10 with 802.1 p priority 54230, 58230: 802.1 ad (DVLAN Q-in-Q), 802.10 with 802.1 p priority, dynamic port VID 5X250 802410 MANAGEMENT &INSTALLATION LED indicators 49200: Power, GPS, Sync, Session, Link and Activity indicators 54230, 58230: Power, GPS, Sync, Session, Link and Activity indicators 5X250: Power status LED on Power Supply Unit (PSU) System management 49200: HTTP, Telnet, FTP, SNMPv2c; compatible with Prizm 3.2 or later and CNUT 3.1 or later 54230, 58230: HTTP, Telnet, FTP, SNMPvZc; Wireless Manager, version 3,0 or higher 5X250: Web access via browser; SNMP v2c using MIBII and proprietary PTP MIB Installation 49200: Audio and LED indicators for link optimization 54230, 58230: Audio and LED indicators for link optimization 5X250: Built-in audio and ......... _ .- ------------------ Connection Distance between outdoor unit and primary network connection: up to 330 ft. (100 meters) PHYSICAL Dimensions 49200: H-13.25 (33.6 cm), W-8.25" (21 cm), D-4.38" (11.1 cm) 54230, 58230: H-11.75" (29.9 cm), W-3.4" (8.6 cm), 13-3.4" (8.6 cm) 5X250: Integrated ODU: W-14.5" (370 mm), H-14.5" (370 mm), D-3.75" (95 mm) Connectorized ODU: W-12,2" (309 mm), H-12.2" (309 mm), D-4.1" (105 mm) PoE Power Supply: W-6.5" (165 mm), H-2.0" (50 mm), 0-3.5" (88 mm) Weight 49200: 2.8 Ibs (1.3 kg) 54230, 58230: 1 lb (0.6 kg) 5X250: Integrated ODU: 12.1 Ibs (5.5 kg) including bracket Connectorized ODU: 9.1 Ibs (4.3 kg) including bracket PoE power supply: 0.83 Ibs (378 g) operating temperature 49200: -40' to +13 1° F (-40° to +55° C) 54230, 58230: 40° to +131 o F (-40° to +55' C) 5X250: -40' to +140' F (-40° to +60' C), including solar radiation Wind speed survival 49200: 118 mph (190 kph) 54230, 58230: 118 mph (190 kph) 5X250: 150 mph (240 kph) --- — - ._ -- -. _. ----- ---------------- Power supply PoE power supply unit i�jcai:mn�azv;, Power source 100-240 VAC, 50-60 Hz Power consumption 49200: 22 W max at 56 VDC 54230, 58230: 9 W max at 30 VDC 5X250: 35 W max ENVIRONMENTAL ®ULATORY Protection and safety 49200: UL60950; (EC60950; EN60950; C6/A-C22.2 No, 60950; CB Approval for Global 54230, 58230: IEC60950, EN60950 5X250: UL60950-1; CSA-C22.2 No. 60950-1 IEC60950-1:2005; EN60950-1:2006 + Al 1:2009 CB Approval for Global Radio 49200: FCC — ABZ89FT7631, IC—109W-4940 54230: FCC — AB789FT7638, IC—109W-5490G, CE — EN301 893 58230: FCC — ABZ89FT7635, IC—109W-5790, CE — EN302 502 5X250: 5.4 GFIz: EN301 893 5.8 GHz: FCC CFR 47, Part 15, sub -part C, 15.247; IC RSS210, Annex 8; EN 302 502 EMC FCC CFR 47, 15.209 & 207, Class B; IC RSS210 Annex 8.5 & RSS Gen Para 7.2.2, Class B; EN301 489-1 & EN301 489-4, Class B Note: The PTP 5X250 device has not been authorized in the 5.4 GHz band as required by the rules of the Federal Communications Commission and Industry Canada. This device is not, and may not be, offered for sale or lease, or sold or leased, as a dual -band device in the U.S. and Canada until authorization is obtained. For more inforlTfation about our PTP 200 Series solutions visit cambiulnnetworks.com. ' Because PTP 200 Series products are based on three different platforms, upgrades between platforms are not available. : Only the 5.B GRz band wilt be available in the U.S. and Canada until use of ttte 5.4 GHz band is authorized by the Federal Communications CommissionlFCCj. ' Regulatory conditions for RF bands should be confirmed prior to system purchase. Certain bands may not be available in all geographic regions. ° Gain, maximum transmit power and effective radiated power may vary based on regulatory domain. \" �',c�YYI%II.IIYi �(-'�;VV�4'�<G"" vvww.cambiumnetworlcs.com Cambium Networks and the stylized circular logo are trademarks of Cambium Networks, Ltd. All other trademarks are the property of their respective owners. © Copyright 2012 Cambium Networks, Ltd. All rights reserved. CN PTP 200 — 250 02.00 SS ROW 012012 PureWave 3.3-3.8GHz 90 Degree, 6-Port Antenna Array k3 ,Fk1 PureWave networks PureWave nehvor3 S DualmPolarized 6mmPort Antenna Array Specificafiion Confidential Notice: This docuntettt contains confidential it forutation ofPtn•ei--Pave Arehvorhs (a California corpor•ntion). The disclosure attd ttse of the contents of this doctnnent are governed by the terurs of the Nondisclostrr•e Agreement (NDfT) signed and agreed to by employees, contractors, consultants, and others worldng with PureWave Networks CorPoration. Please review the terms of the AIDA before distributing the contents of this document. The contents of this document shall not be copied, reproduced, transferred to oiler documents, disclosed to others, or used for• any otherputPose(s) except aspt•ovidedfor in the ArDA or withprior inrittenpermission ofPtn•eiYcrve Networks CotPoration. Page 1 of 6 When printed on 7/12/2010, this document is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database. .i PureWave PureWave 3.3-3.8GHz 90 Degree, &Port Antenna Array networks 1. Purpose This document provides PureWave's specifications for a 3.3-3.8GHz, 90 degree azimuth beamwidth, 15dBi nominal gain dual polarized antenna array, comprised of three +/45 degree dual polarized elements for a total of six antenna ports. The antennas are specified for outdoor, unprotected use. 2. Performance Requirements The antenna array shall meet the requirements herein over the lifetime of the product and any naturally occurring combination of environmental factors below. 2. i. Operating Frequency Range The array shall meet the specifications of this document over the frequency range of 3.3- 3.8GHz. 2.2. Gain The peak gain is 15dBi minimum. 2.3. 3dB Beamwidth The azimuthal beamwidth between 3dB down angles shall be 90 degrees nominal. The elevation beamwidth between 3dB down angles is 8 degrees minimum. 2.4. Polarization Each array element shall be comprised of +/45 degree dual slant polarized radiators. Three elements for a total of 6 antenna ports shall be provided. 2.5. Array Element Spacing Nominal spacing between array elements is 136mm, which is 1.5 times the wavelength at 3.3GHz. 2.6. Cross Polarization Discrimination Cross polarization discrimination shall be <-20dB typical. 2.7. Side Lobe Level Side lobe level in the azimuthal plane is -20 d6 down. Side lobe level in the elevation plane is -12 dB maximum. Page2of6 When printed on 7/12/2010, this document is considered controlled only for that day, After date of printing, the document is uncontrolled. Refer to the master document In the Document Control database. PUruWaye 3.3-3.8GHz 90 Degree, 6-Port Antenna Array 2.8. Front -to -Back Ratio Front to back ratio shall is min 30dB. 2.9. Port -to -Port Isolation Port to port isolation is min 20dB. r PureWave ne tv:orks 2. �0. Input Power Each antenna port shall be capable of handling 5 Watts average and 50 Watts peak power. 2.1 �. Lightning Protection Each antenna port shall be DC grounded. 2.12. VSWR The VSWR of all antenna ports in a 50 Ohm system shall be 1.8:1 maximum over the operating frequency range. 2.13. Product Lifetime The antenna array shall be designed to meet the specifications of this document for a minimum 15 year lifetime. 3. Mechanical Requirements 3. �. Dimensions The dimensions of the antenna array shall be 800 mm (H) x 600 mm (vv) x 41 mm (D), excluding mounting bracket and connectors. 3.2. Outline Drawing The outline drawing for the antenna array is attached. 3.3. Weight The antenna array weighs 6.5 kg. 3.4. RF Connector All RF connectors shall be weatherproof, non -corrosive Type N female. Page 3 of 6 When printed on 7/12/2010, this document is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database. PureWave PureWave 3.3-3.8GHz 90 Degree, 6-Port Antenna Array networks 3.5. Radome The radome shall be capable of withstanding exposure to the sun and unprotected environments without degradation over the lifetime of the product. In mass production the radome color shall be RAL7035 light gray (white acceptable for prototypes and small production). 3.6, Mounting Provision Each antenna array shall have provision for mounting that will withstand the operating and survival wInd speed requirements. A mounting kit is included with the antenna array. 3.7. Mounting Hardware All mounting hardware shall be comprised of non -corrosive materials. 4. Environmental Requirements The antenna array shall meet the performance requirements of this document under any naturally occurring combination of environmental conditions. 4.'. Climatic Conditions Except as noted herein the antenna array shall meet the requirements of this document under the climatic conditions of ETSI EN 300 019-14 for Class 4.1 E and 4.2H. The antenna array operating temperature range is -40°C to +65°C. 4.2. Biological Conditions The antenna array shall meet the requirements of this document under the biological conditions of ETSI EN 300 019-1-4 Class 4.1E, 4.3. Chemically Active Substances The antenna array shall meet the requirements of this document under the chemically active substance conditions of ETSI EN 300 019-14 Class 4.1 E. 4.4. Mechanically Active Substances The antenna array shall meet the requirements of this document under the mechanically active substance conditions of ETSI EN 300 019-14 Class 4.1 E. 4.5. Mechanical Conditions The antenna shall meet the requirements of this document under the mechanical conditions of ETSI EN 300 019A 4 Class 4.1 E. Page 4 of 6 When printed on 7/12/2010, this document is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database. Pur�eWave PureWave 3.3-3.8GHz 90 Degree, &Port Antenna Array net%p"rks 4.6. Flammaty The antenna array shall meet UL 94V-1 flammability requirements. 4.7. Wind Speed The antenna array shall meet the requirements of this document for wind speeds up to 160km/h. The antenna array shall survive without permanent damage or degradation wind speeds up to 200km/h. 4.8. Water Proofing The antenna array meets IP-65 requirements. 5. Regulatory Requirements 5. i. CE Compliance The antenna array shall have CE certification. 6. Materials, Parts, Processes No toxic, explosive, hazardous, or prohibited materials shall be used in the construction of the antenna array. 6.1. Finish All exterior surfaces shall be finished to withstand unprotected exposure without degradation over the lifetime of the product. 6.2. RoHS Compliance All parts and processes shall conform to RoHS standards. 6.3. Flammability The antenna array shall meet UV94-V1 flammability requirements. Page 5 of 6 When printed on 7/12/2010, this document is considered controlled only for that day, After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database, PureWave PureWave 3,3-3.8GHz 90 Degree, &Port Antenna Array nctworAs Page 6 of 6 When printed on 7/12/2010, this document is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database. Item No.12 City Secretary's use only City of Anna City Council Agenda Staff Report Ytauat �ioMEz'owN Council Meeting: November 12 2013 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 11-7-13 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action Approving a Resolution Voting for a candidate or candidates for the Board of Directors, Collin Central Appraisal District. (Philip Sanders) SUMMARY: The Collin County Appraisal District has submitted the Official Ballot for casting votes for the Board of Directors for 2014-2015. The City of Anna gets to cast 7 votes. You may cast all votes for one candidate or distribute the votes among any number of the candidates listed. On September 10, 2013 council voted to nominate Tiffany Burleson to the list of candidates. RECOMMENDATION: Staff recommends casting the city's votes for the Collin Central Appraisal District Board of Directors nominations Collin Central :ollIn Central Appraisal October 30, 2013 Mike Crist, Mayor City of Anna P. O. Box 776 Anna, TX 75409 Dear Mayor Crist: Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit iI to the chief appraiser before December 15, 2013. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, EWSMIN Bo Daffin Chief Appraiser EID/mlr Enclosure 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney, Texas 75069 Toll -Free 8ti6.467.1110 Cust Service Fax 4ti9.742.9207 www.collincad.org COl1ln Central OFFICIAL BALLOT ISSUED TO: City of Anna NUMBER OF VOTES: 7 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. TIFFANY BURLESON RONALD CARLISLE DR. LEO FITZGERALD WAYNE MAYO MICHAEL A. PIREK ROY WILSHIRE October 30, 2013 VOTES VOTES VOTES VOTES VOTES VOTES VOTES Bo Daffin, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 250 Eldorado I'My., McKinney, Texas 75069, before December 15, 2013. 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney, Texas 75069 Toll -Free 866,467.1110 Cust Service Fax 469.742.9207 www.collincad,org 2014-2015 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS TIFFANY BURLESON Nominated by the City of Anna. Resides in Anna, TX. RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by the City of Frisco, Frisco ISD and McKinney ISD. Resides in Frisco, TX, DR. LEO FITZGERALD Is a current board member and has served since the beginning of the Appraisal District, 1/80. Nominated by McKinney ISD and Plano ISD. Resides in Plano, TX, WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson, and McKinney ISD. Resides in Richardson, TX. MICHAEL A. PIREK Nominated by the City of Plano. Resides in Plano, TX. GARY RODENBAUGH Is a current board member and has served since 1/01. Nominated by the City of Allen, Allen ISD, and McKinney ISD. Resides in Allen, TX. ROY WILSHIRE Is a current board member and has served since 01/03. Nominated by McKinney ISD. Resides in Plano, TX. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. WHEREAS, The City of Anna, Texas has eight votes to cast in the election of the Board of Directors, Central Appraisal District of Collin County; 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. The City Council of the City of Anna, Texas votes for the following candidates) for the Board of Directors, Central Appraisal District of Collin County: (Candidate) (Votes Cast) PASSED by the City Council of the City of Anna, Texas, on this 12t" day of November, 2013. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist Res. Candidate for BOD CCAD.doc PAGE 1 OF 1 11-12-13 x{aU�,� z�o�n�rowza Council Meeting: November 12, 2012 Account Code # Budgeted Amount: Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: ❑ Yes X No AGENDA SUBJECT: Discussion regarding November and December 2013 City Council meeting schedule. SUMMARY: In order to avoid potential scheduling conflicts, the City has typically elected not to place items on the City Council agendas for meetings scheduled on the Tuesdays immediately prior to the Thanksgiving and Christmas holidays. The second Council meeting in November is scheduled for November 26, two days prior to Thanksgiving Day on November 28. The second Council meeting in December is scheduled for Christmas Eve December 24 which is also a City Holiday. If no items are placed on these agendas, it will not be necessary for the Council to meet on November 26 and December 24. Council Meeting: November 12.2013 Account Code #: N/A Budgeted Amount: N/A Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepat•ed: 11-8-13 Exhibits: � Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 9551.072); acquisition of land for hike and bike trail. c. discuss or deliberate personnel matters: City Secretary Annual Review/Update; City Manager Annual Review. (Tex. Gov't Code §551.074)0 d. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. The council fiuther reserves the right to enter into executive session at any throughout any duly noticed meeting under any applicable exception to the Meetings Act. time Open Y{pIJ�};;OMETOWN Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-7-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for November 12, 2013 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: November 12, 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 16 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-7-13 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.