HomeMy WebLinkAbout2013-12-10 Workshop & Regular Meeting PacketI
CITY COUNCIL MEETING
SIGN IN SHEET
DATE: _YeQ' //V I 13
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME ADDRESS
W.
Y{OUR} HOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
December 10, 2013
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
December 10, 2013, at the Anna City Hall Administration Building, located at 111 N.
Powell Parkway (Hwy 5), regarding the following items:
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing/Discussion regarding Residential Certificate of Occupancy regulations.
(City Manager)
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code . 551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code �551.072); land on CR 427.
c. discuss or deliberate personnel matters: City Secretary Annual
Review/Update; City Manager Annual Review. (Tex. Gov't Code
55� 1.074).
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
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-10-13 CC Workshop Meeting Agenda.doc 1 Posted 12-6-13
Anna and with which the City is conducting economic development
negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). Tex.
Gov't Code ,551.087); proposed mixed use development; education
technology business.
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
5. Consider/Discuss/Action on any items listed on posted agenda for December 10,
2013 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
6. Adjourn.
This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m., December 6, 2013.
Natha Wilkison, City Secretary
l .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-10-13 CC Workshop Meeting Agenda.doc 2 Posted 12-6-13
Y{OUR.} HOMETO1VN
Council Meeting: December 10 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3 WS
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Date Prepared: 12-513
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Briefing/Discussion regarding Residential Certification of
Occupancy regulations. (City Manager)
SUMMARY:
RECOMMENDATION:
Y{OUR} HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
December 10, 2013
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m.,
December 10, 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 Courncil Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of community
interest. Items of comrrr2rnity interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-10-13 CC Regular Meeting Agenda.doc 1 Posted 12-6-13
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by laiv. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for November 12, 2013 Regular
Meeting.
b. Approve a Resolution approving the Quarterly Investment Report.
(Clayton Fulton)
c. Approve a Resolution approving An Agreement for the Annual Audit.
(Clayton Fulton)
d. Approve a Resolution approving ILA with Collin County for Animal
Control Services amendment. (Chief Jenks)
e. Approve a Resolution approving ILA with Collin County for Animal
Shelter Services amendment. (Chief Jenks)
£ Approve a Resolution regarding approval of "Dickschat Addition"
Development Plat. (Maurice Schwanke)
g. Approve a Resolution regarding approval of "Martinez Addition"
Final Plat. (Maurice Schwanke)
h: Approve a Resolution regarding approval of "Anna Crossing PH IA
& IB" Preliminary Plat. (Maurice Schwanke)
i. Review P & Z Minutes of October 7, 2013 Regular Meeting.
j. Approve a Resolution authorizing approval of an Agreement with the
Greater Anna Chamber of Commerce for the Anna Centennial
Celebration. (City Manager)
6. Consider/Discuss/Action adopting a Resolution directing the publication of
notice of intention to issue combination tax and revenue certificates of
obligation for waterworks and sewer system improvements and resolving
other matters relating to the subject. (Clayton Fulton)
7. Public Hearing:
8. (a) Public Hearing: To consider public com>nents on a request by Porter
Cameron, owner of property, to changed zoning from Single Family
Residential (SF I) to Restricted Commercial (Cl) zoning to allow for
commercial uses. The property is located at 811 N Powell Pkwy. (Maurice
Schwanke)
(b) Consider/Discuss/Action regarding an ordinance, to change the zoning
from Single Family Estates (SF-E) to Restricted Commercial (C1) to allow for
commercial uses. The property is located at 811 N Powell Plcwy. (Maurice
Schwanke)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-10-13 CC Regular Meeting Agenda.doc 2 Posted 12-6-13
9. Consider/Discuss/Action regarding a Resolution establishing the dates, times,
and places for public hearings for the annexation of a tract of land in the
D.E.W. Babb Survey, ABS A33 generally located east of County Road 418,
north of the Collin County Outer Loop and adjacent to the city limits, and
containing 9.97 acres of land more or less. (Maurice Schwanke)
10. Consider/Discuss/Action regarding a Resolution approving an Economic
Development Agreement with Empower Training Centre. (Jessica Perkins)
11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code 4551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code, 551.072); land on CR 427.
c. discuss or deliberate personnel matters: City Secreta>y Annual
Review/Update; City Manager Annual Review. (Tex. Gov't Code
55 1.074).
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 4551.087); proposed mixed use development; education
technology business.
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.
12. Consider/Discuss/Action on any items listed on posted agenda for December
10, 2013 Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
13. Adjourn.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-10-13 CC Regular Meeting Agenda.doc 3 Posted 12-643
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at
a place readily accessible to the public at the Anna City Hall and on the City
Hall bulletin board at or before 5:00 p.m. December 6, 20130
A AA
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-10-13 CC Regular Meeting Agenda.doc 4 Posted 12-6-13
Council Meeting:. December 10, 2013
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
N/A
Call to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Philip Sanders
Date Prepared: 12-5-13
Exhibits: ❑Yes ❑ No
n
Council Meeting: December 10I 2013
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT:
RECOMMENDATION:
N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 12-5-13
Exhibits: ❑Yes ❑ No
Invocation and Pledge of Allegiance.
n
Council Meeting: December 10 2013
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 12-5-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allola�ed 3 minutes to
speak. The Council is unable to respond to or discuss any issues that are brought up
during this section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing policy in
response to the inquii}�.
SUMMARY:
RECOMMENDATION:
rc�3sr�r�n�
Council Meeting: December 10, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 12-513
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of communith interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
oi" salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
Council Meeting: December 10I 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 (a _ D
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 12-5-13
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
"housekeeping" items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for November 12, 2013 Regular
Meeting.
b. Approve a Resolution approving the Quarterly Investment Report.
(Clayton Fulton)
c. Approve a Resolution approving An Agreement for the Annual Audit.
(Clayton Fulton)
d. Approve a Resolution approving ILA with Collin County for Animal
Control Services amendment. (Chief Jenks)
e. Approve a Resolution approving ILA with Collin County for Animal
Shelter Services amendment. (Chief Jenks)
£ Approve a Resolution regarding approval of "Dickschat Addition"
Development Plat. (Maurice Schwanke)
g. Approve a Resolution regarding approval of "Martinez Addition"
Final Plat. (Maurice Schwanke)
h. Approve a Resolution regarding approval of "Anna Crossing PH IA
& 113" Preliminary Plat. (Maurice Schwanke)
i. Review P & Z Minutes of October 7, 2013 Regular Meeting.
j. Approve a Resolution authorizing approval of an Agreement with the
Greater Anna Chamber of Commerce for the Anna Centennial
Celebration. (City Manager)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
November 129 2013
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at Fe November
12, 2013, at the Anna City Hall Administration Building, located at 111 N. Powell
Parkway (Hwy 5), regarding the following items:
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, Chad
Barnes and Dick Dowd were present. Council Member Nathan Bryan arrived
during executive session. Council Member John Hopewell was absent.
3. Briefing/Discussion regarding proposal by WebQA for a mobile app.
(Jessica Perkins)
City Manager, Philip Sanders presented the item to council. The representative for
WEBQA was unable to attend and will reschedule for a fixture meeting.
4. Briefing/Discussion regarding Assistance to Firefighters Grant application.
(Chief Gothard)
City Manager, Philip Sanders presented the item to council and answered
questions. Council was in favor of submitting the Grant application.
Council Member Barnes made the motion to enter closed session at 6:36 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
5§ 51.07.);
l 1-12-13 CC Workshop Meeting Minutes.doc 1 I I-12-13
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code zz551.072); acquisition of land for
hike and bike trail.
c. discuss or deliberate personnel matters: City Secretary Annual
Review/Updates, City Manager Annual Review. (Tex. Gov't Code
5� 51.074)0
d, discuss or deliberate personnel matters: City Manager Annual
Review. (Tex. Gov't Code §551.074).
e.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
55& 1.087), 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.
Mayor Crist made the motion to return to open session at 7:34 pm. Council
Member Cook seconded the motion. Motion passes.
Nil FAVffVQVAV1LN�A
6. Consider/Discuss/Action on any items listed on posted agenda for November
12, 2013 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
Council Member Bryan made the motion to take no action. Council Member
Barnes seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Adjourn.
Council Member Coolc made the motion to adjourn at 7:35 pm. Council Member
Dowd seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
11-12-13 CC Workshop Meeting Minutes.doc 2 I I-12-13
ATTEST:
NaL a Willcison, City Secretary
APPROVED:
Milce Cr1Si, Mayor
11-12-13 CC Workshop Meeting Minutes.doc 3 I 1-12-13
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
November 129 2013
7:30 p.m. —Anna City Hall Administration Building
The City Council of my of Anna met in Regular Session at 7:30 p.m., November 12,
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 r°eco�•d of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:36 pm.
2. Invocation and Pledge of Allegiance.
Mayor Mike 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 inquiry or to recite existing
policy in response to the inquiry.
None
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment), a reminder about an upcoming event organized or
sponsored by the governing body, information regarding a social,
ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by
a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
Staff mentioned the Tree Lighting Ceremony will be on December 7, 2013;
Christmas Parade will be on December 14, 2013; and Nativity Exhibit at the
Melissa Church of Latter Day Saints will be December 6 and 7, 2013
ll -12-13 CC Regular Meeting Minutes.doc 1 1 I-12-] 3
5. Consent Items. These items consist of non-conb oversial of "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 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)
Council Member Bryan made the motion to approve the consent items.
Council Member Barnes seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
6. Public Hearing: (1s) 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. (Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development presented the item
to council. Mayor Crist opened the public hearing at 7:40 pm. There was no
public comment. Mayor Crist closed the public hearing at 7:41 pm.
7. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute a land purchase and Sale Agreement with John
Bradley. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Lovato made the motion to approve. Council
Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ll-12-13 CC Regular Meeting Minutes.doc 2 11-12-13
8. Consider/Discuss/Action regarding a Resolution approving the FY 2014
Street Rehabilitation Project Plan. (Rob Woods)
Rob Woods, Director of Public Works presented the item to council and
answered questions from council members. Council Member Bryan made the
motion to approve. Mayor Crist seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
9. Consider/Discuss/Action authorizing the City Manager to solicit bids for
the South Well Ground Storage Rehabilitation Project. (Rob Woods)
Rob Woods, Director of Public Worlcs presented the item to council and
answered questions. Council Member Bryan made the motion to approve.
Mayor Crist seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
10. Consider/Discuss/Action authorizing the City Manager to solicit bids for
the Public Works and Municipal Annex Building Remodel Project. (Rob
Woods)
Rob Woods presented the item to council and answered questions. Council
Member Bryan made the motion to approve. Council Member Dowd
seconded the motion. Motion passes.
AYE 6
11. Consider/Discuss/Action regarding a Resolution approving a Tower Site
License Agreement with GCEC TELECOM. (City Manager)
Philip Sanders, City Manager presented the item to council and answered
questions. Council Member Barnes made the motion to approve. Mayor Crist
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
12. Consider/Discuss/Action regarding Resolution casting 4-
Appraisal District. (City Council)
Mayor Crist presented the item to council. Mayor Crist made the motion to
cast all votes for Tiffany Burleson. Council Member Cook seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
13. Discussion regarding November
meeting schedule. (City Manager)
and December 2013 City Council
11-12-13 CC Regular Meeting Minutes.doc 3 11-12-13
City Manager, Philip Sanders presented the item to council. Council Members
agreed to have no second meeting in November and December because of the
holidays.
Council did not enter closed session at this time.
14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
55 1.071);
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).
d. discuss or deliberate personnel matters: City Manager Annual
Review. (Tex. Gov't Code 2351.074).
e.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.
15. 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.
Council Member Barnes made the motion to take no action. Council Member
Bryan seconded the motion. Motion passes.
11-12-13 CC Regular Meeting Minutes.doc 4 11-12-13
AYE 6 NAY 0 ABSTAIN 0
U. Adjourn.
Council Member Bryan made the motion to adjourn at 8:02 pm. Council
Member Cook seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
11-12-13 CC Regular Meeting Minutes.doc 5 11-12-13
YtODg} gOMETOWN
Council Meeting: December 10, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 (b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 12/03/13
Exhibits: Q Yes ❑ No
AGENDA SUBJECT: Presentation of the Quarterly Investment report
SUMMARY: In accordance with the Public Funds Investment Act, the City is required
to submit a quarterly report on the investment of all Public Funds held by the City.
The attached report has been developed by our investment advisors, Valley View
Consulting, LLC. The report will review the following:
• Review of economic conditions
• Review of the Citys holdings
• Comparison of book vs. market value
• Allocation information
• Other information related to the PFIA
RECOMMENDATION: None, no action is required.
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Council Meeting: December 10, 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 12/03/2013
Exhibits: QYes ❑No
AGENDA SUBJECT: Approve a Resolution approving an Agreement for the Annual Audit
SUMMARY: In August of 2011 the City Council authorized a 3 year agreement with our
auditors LaFollett & Company PLLC to perform the financial audit of the City of Anna. This
agreement included a 2 year option for 2014 and 2015.
Since the original agreement was signed LaFollett &Company has become LaFollett and Abbott
PLLC. They have also updated their agreement to be consistent with updated governmental
auditing and accounting standards.
The attached agreement reflects the updates and exercises the option for the final 2 years on the
agreement.
RECOMMENTDATION: Staff recommends that the City Council approve a Resolution
authorizing the City Manager to execute the attached agreement for the annual audit.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGAGEMENT
LETTER WITH LAFOLLETT AND ABBOTT PLLC TO PERFORM AN AUDIT OF THE
CITY'S FINANCES FOR FY 13 THROUGH FY 15
WHEREAS, Section 7.18 of the City of Anna, Texas (the "City") Home Rule Charter (the
'Charter") states the City Council (the "Council") must call for an independent audit at the
close of each fiscal year
WHEREAS, Section 7.18 of the Charter further states that no more than five consecutive
audits may be performed by the same firm
WHEREAS, LaFollett and Abbott PLLC has adequately completed the FY 11 and FY 12
audits
WHEREAS, LaFollett and Abbott PLLC has presented a competitive price to perform the
audit for FY 13 through FY 15
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Engagement
The City Council hereby approves the engagement letter attached hereto as Exhibit 1 to
engage LaFollett &Abbott PLLC to perform an audit of the City's FY 13 through FY 15
finances, ratifies and approves the City Manager's execution of the same. The City Manager
is hereby authorized to execute all documents and to take all other actions necessary to
finalize and enforce the auditor's engagement
ATTEST: APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
Res. PAGE 1 OF 1
Susan LaFollett, CPA— Partner
Rod Abbott, CPA— Partner
and Abbott PLLC
Certified Public Accountants
October 21, 20 l 3
To City Manager Sanders, the Mayor, and City Council
City of Anna
PO Box 776
Anna, TX 7540M776
Dear Mr. Sanders, Honorable Mayor, anal City Council:
We are pleased to confirm our understanding of the services we are to provide City of Anna for
the years ending September 30, 2013, 2014, and 2015. We will audit the financial statements of
the governmental activities, the business4ype activity, each major fund, and the aggregate
remaining fund information, including the related notes to the financial statements, which
collectively comprise the basic financial statements of City of Anna as of and for the years
ending September 30, 2013, 2014, and 2015. Accounting standards generally accepted in the
United States of America provide for certain required supplementary information (RSI), such as
management's discussion and analysis (MD&A), to supplement City of Anna's basic financial
statements. Such information, although not a part of the basic financial statements, is required by
the Goverrunental Accounting Standards Board who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational,
economic, or historical context. As part of our engagement, we will apply certain limited
procedures to City of Anna's RSI in accordance with auditing standards generally accepted in the
United States of America. These limited procedures will consist of inquiries of management
regarding the methods of preparing the information and comparing the information for
consistency with management's responses to our inquiries, the basic financial statements, and
other knowledge we obtained during our audit of the basic financial statements. We will not
express an opinion or provide any assurance on the information because the limited procedures
do not provide us with sufficient evidence to express an opinion or provide any assurance. The
following RSI is required by generally accepted accounting principles and will be subjected to
certain limited procedures, but will not be audited:
1) Management's Discussion and Analysis
2) Schedule of Funding Progress - TMRS
LaFollett and Abbott PLLC
PO Box 717 •Tom Bean, TX • 75489
903-546-6975 • www.lafolleucpa.com
Audit Objective
The objective of our audit is the expression of opinions as to whether your basic financial
statements are fairly presented, in all material respects, in conformity with U.S. generally
accepted accounting principles and to report on the fairness of the supplementary information
referred to in the first paragraph when considered in relation to the financial statements as a
whole. Our audit will be conducted in accordance with auditing standards generally accepted in
the United States of America and the standards for financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States, and will include
tests of the accounting records of City of Anna and other procedures we consider necessary to
enable us to express such opinions. We cannot provide assurance that unmodified opinions will
be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or
add emphasis -of -matter or other -matter paragraphs. If our opinions on the financial statements
are other than unmodified, we will discuss the reasons with you in advance. if, for any reason,
we are unable to complete the audit or are unable to form or have not formed opinions, we may
decline to express opinions or to issue a report as a result of this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the
financial statements and compliance with the provisions of laws, regulations, contracts, and grant
agreements, noncompliance with which could have a material effect on the financial statements
as required by Government Auditing Standards. The reports on internal control and compliance
will each include a paragraph that states that the purpose of the report is solely to describe the
scope of testing of internal control over financial reporting and compliance, and the result of that
testing, and not to provide an opinion on the effectiveness of internal control over financial
reporting or on compliance, and that the report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering internal control over financial
reporting and compliance. The paragraph will also state that the report is not suitable for any
other purpose. If during our audit we become aware that City of Anna is subject to an audit
requirement that is not encompassed in the terms of this engagement, we will communicate to
management and those charged with governance that an audit in accordance with U.S. generally
accepted auditing standards and the standards for financial audits contained in Government
Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying infozxnation
as well as ail representations contained therein. As part of the audit, we will assist with
preparation of your financial statements and related notes. We may also post year-end closing
entries that were either not determinable or have changed since your consultant CPA was
performing year-end closing work. You will be required to acknowledge in the written
representation letter our assistance with preparation of the financial statements and certain
adjustments and that you have reviewed and approved the financial statements and related notes
prior to their issuance and have accepted responsibility for them. You agree to assume all
management responsibilities for any nonaudit services we provide, oversee the services by
designating an individual, preferably your consultant CPA, Eddie Peacock, who possesses
suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and
accepting responsibility for them.
Management is responsible for establishing and maintaining effective internal controls, including
evaluating and monitoring ongoing activities; to help ensure that appropriate goals and objectives
are met; for the selection and application of accounting principles; and for the preparation and
fair presentation of the financial statements in conformity with U.S. generally accepted
accounting principles.
Management is also responsible for making all financial records and related irnformation.
available to us and for ensuring that management is reliable and financial information is reliable
and properly recorded. You are also responsible for providing us with (1) access to all
information of which you are aware that is relevant to the preparation and fair presentation of the
Financial statements, (2) additional information that we may request for the purpose of the audit,
and (3) unrestricted access to persons within the government from whom we determine it
necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements
and for confirming to us in the representation letter that the effects of any uncorrected
misstatements aggregated by us during the current engagement and pertaining to the latest period
presented are immaterial, both individually and in the aggregate, to the financial statements taken
as a whole.
You are responsible for the design and implementation of programs and controls to prevent and
detect fraud, and for informing us about all known or suspected fraud affecting the government
involving (1) management, (2) employees who have significant roles in internal control, and (3)
others where the fraud could have a material effect on the financial statements. Your
responsibilities include informing us of your knowledge of any allegations of fraud or suspected
fraud affecting the government received in communications from employees, former employees,
grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that
the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking
timely and appropriate steps to remedy any fraud, violations of contracts or grant agreements, or
use that we may report.
Management is responsible for establishing and maintaining a process for tracking the status of
audit findings and recommendations. Management is also responsible for identifying for us
previous financial audits, attestation engagements, performance audits or other studies related to
the objectives discussed in the Audit Objectives section of this letter. This responsibility includes
relaying to us corrective actions taken to address significant findings and recommendations
resulting from those audits, attestation engagements, performance audits, or other studies. You
are also responsible for providing management's views on our current findings, conclusions, and
recommendations, as well as your planned corrective actions, for the report, and for the timing
and format for providing that information.
Audit Procedures —General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in
the financial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluating the overall presentation of the financial
statements. We will plan and perform the audit to obtain reasonable rather than absolute
assurance about whether the financial statements are free of material misstatement, whether from
{1) errors, {2) fraudulent financial reporting, {3) misappropriation of assets, or {4) violations of
laws or governmental regulations that are attributable to the entity or to acts by management or
employees acting on behalf of the entity. Because the determination of abuse is subjective,
Government Auditing Standards do not expect auditors to provide reasonable assurance of
detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal
Control, and because we will not perform a detailed examination of all transactions, there is a risk
that material misstatements may exist and not be detected by us, even though the audit is
properly planned and performed in accordance with U.S. generally accepted auditing standards
and Government Auditing Standards. In addition, an audit is not designed to detect immaterial
misstatements or violations of laws or governmental regulations that do not have a direct and
material effect on the financial statements. However, we will inform the appropriate level of
management of any material errors, any fraudulent financial reporting, or misappropriation of
assets that came to our attention. We will also inform the appropriate level of management of
any violations of laws or governmental regulations that come to our attention, unless clearly
inconsequential. Our responsibility as auditors is limited to the period covered by our audit and
does not extend to any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the direct confirmation of receivables and certain other
assets and liabilities by correspondence with selected individuals, funding sources, creditors, and
financial institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,
we will require certain written representations from you about the financial statements and
related matters.
Audit Procedures —Internal Control
Our audit will include obtaining an understanding of the entity and its environment, including
internal control, sufficient to assess the risks of material misstatement of the financial statements
and to design the nature, timing, and extent of further audit procedures. Tests of controls may be
performed to test the effectiveness of certain controls that we consider relevant to preventing and
detecting errors and fraud that are material to the financial statements and to preventing and
detecting misstatements resulting from illegal acts and other noncompliance matters that have a
direct and material effect on the financial statements. Our tests, if performed, will be less in
scope than would be necessary to render an opinion on internal control and, accordingly, no
opinion will be expressed in our report on internal control issued pursuant to Government
Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies or material wealaiesses. I-Iowever, during the audit, we will communicate to
management and those charged with governance internal control related matters that are required
to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures —Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatement, we will perform tests of City of Anna's compliance with the provisions of
applicable laws, regulations, contracts, agreements, and grants. However, the objective of our
audit will not be to provide an opinion on overall compliance and we will not express such an
opinion in our report on compliance issued pursuant to Government Auditing Standards.
Engagement Administration, Fees, and Other
We may from time to time, and depending on the circumstances, use third -party service
providers in serving your account. We may share confidential information about you with these
service providers, but remain committed to maintaining the confidentiality and security of your
information. Accordingly, we maintain internal policies, procedures, and safeguards to protect
the confidentiality of your personal information. In addition, we will secure confidentiality
agreements with all service providers to maintain the confidentiality of your information and we
will take reasonable precautions to determine that they have appropriate procedures in place to
prevent the unauthorized release of your confidential information to others. In the event that we
are unable to secure an appropriate confidentiality agreement, you will be asked to provide your
consent prior to the sharing of your confidential information with the third -party service
provider. Furthermore, we will remain responsible for the work provided by any such third -party
service providers.
We understand that your employees will prepare all cash or other confirmations we request and
will locate any documents selected by us for testing.
We will provide copies of our reports to City of Anna% however, management is responsible for
distribution of the reports and the financial statements. Unless restricted by law or regulation, or
containing privileged and confidential information, copies of our reports are to be made available
for public inspection.
The audit documentation for this engagement is the property of LaFollett & Abbott PLLC and
constitutes confidential information. However, pursuant to authority given by law or regulation,
we may be requested to make certain audit documentation available to a federal agency
providing direct or indirect firnding, or the U.S. Government Accountability Office for purposes
of a quality review of the audit, to resolve audit findings, or to carry out oversight
responsibilities. We will notify you of any such request. If requested, access to such audit
documentation will be provided under the supervision of LaFollett & Abbott PLLC personnel.
Furthermore, upon request, we may provide copies of selected audit documentation to the
aforementioned parties. These parties may intend, or decide, to distribute the copies or
information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after
the report release date or for any additional period requested by the federal agency, or the U.S.
Government Accountability Office. If we are aware that a federal awarding agency or auditee is
contesting an audit finding, we will contact the party(ies) contesting the audit finding for
guidance prior to destroying the audit documentation.
we expect to begin our preliminary audit work in December of 2013 and to issue our reports no
later than March 31, 2014. This work schedule is dependent upon the timely completion of the
work by your consultant CPA. Susan K. LaFollett is the engagement partner and is responsible
for supervising the engagement and signing the reports or authorizing another individual to sign
them. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs
(such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that
we agree that our gross fee, including expenses, will not exceed $15,750, $16,250, and $16,750
for fiscal years 2013, 2014, and 2015 respectively, plus $950 for each component unit (currently
a 4A and 4B corporation) audited each year. These "not exceed" fees are dependent upon a CPA
consultant being utilized each year to properly post recurring year-end closing entries to areas
such as long-term debt, fixed assets, tax and court receivables, and ensuring cash balances tie to
their reconciliations. An additional fee estimated from $1,500 to $3,500 would be applicable in
any year where significant audit adjustments were needed for these types of closing entries.
Certain cash and debt balances may also have to be confirmed electronically via
confirmation.com, and these charges will also be billed to you. Our standard hourly rates vary
according to the degree of responsibility involved and the experience level of the personnel
assigned to your audit. Before beginning any work on this engagement, we request a retainer fee
in the amount of $3,000. Additional fees estimated between $3,500 and $5,500 will apply for any
year which OMB Circular A433 Single Audit procedures are required. Our invoices for these
fees will be rendered each month as work progresses and are payable on presentation. In
accordance with our firm policies, work may be suspended if your account becomes 90 days or
mare overdue and may not be resumed until your account is paid in full. If we elect to terminate
our services for nonpayment, our engagement will be deemed to have been completed upon
written notification of termination, even if we have not completed our report. You will be
obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs
through the date of termination. The above fee is based on anticipated cooperation from your
personnel and the assumption that unexpected circumstances will not be encountered during the
audit. If significant additional time is necessary, we will discuss it with you and arrive at a new
fee estimate before we incur the additional costs. If a separate audit is also required for a grant, a
fee for the additional work will be added.
The parties to this engagement agree that any dispute that may arise regarding the meaning,
perfoi�nance, or enforcement of this engagement will, prior to resorting to gation, be
submitted to mediation upon the written request of any party to the engagement. All mediation
initiated as a result of this engagement shall be administered under the rules of the American
Arbitration Association. The results of this mediation shall not be binding upon the parties.
Costs of any mediation proceeding shall be shared equally by both parties.
Government Auditing Standards require audit organizations to provide a copy of their most
recent external peer review report and any subsequent review reports to the party contacting for
the audit, if requested by the client. Our most recent peer review report may be viewed at
www.lafollettepa. com.
We appreciate the opportunity to be of service to City of Anna and believe this letter accurately
summarizes the significant terms of our engagement. If you have any questions, please let us
know. If you agree with the terms of our engagement as described in this letter, please sign the
enclosed copy and return it to us.
Sincerely,
LaFollett and Abbott PLLC
Certified Public Accountants
RESPONSE:
This letter correctly sets Earth the undez•standing of City of Anna.
Management signature:
Title: City Manager
Date:
Governance signature:
Title:
Date:
Mayor
�1
CITY OF ANNA, TEXAS
Council Meeting: December 10, 2013
Account Code #:_
Budgeted Amount,
Item No. 5 t d & e)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Jenlcs
Exhibits: ❑x Yes ❑No
AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution amending and
extending the agreements with Collin County for Animal Control and Sheltering
Services,
SUMMARY: The City's Animal Control and Sheltering Services occur through
agreements with Collin County. It is currently the most cost effective means of providing
Animal Services.
The cost for animal control is $31,073.00 and animal shelter is $25,090.00
These resolutions allow the agreements to be amended to extend the Animal Control and
Animal Sheltering Services agreements through September 30, 2014,
STAFF RECOMMENDATION: Approve the resolutions amending/extending the
Animal Services/Sheltering agreements with Collin County.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF AN
AGREEMENT WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES.
WHEREAS, the City Council of the City of
agreement with Collin County for providing
Anna is worthy of renewal; and
Anna, Texas ("City Council") finds that the
Animal Control Services to the citizens of
WHEREAS, the City Council approves Collin County's amendment to the current
Animal Control Services agreement, Section 2, amended to read as follows:
"Extension of agreement for one (1) year period as provided for in section 5.0 of
the contract documents. Agreement shall be in effect from October 1, 2013, continuing
through and including September 30, 2014."
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Agreement
The City Council hereby approves the extension attached hereto as Exhibit 1 to extend
the agreement with Collin County for Animal Control Services, ratifies and approves the
City Manager's execution of the same. The City Manager is hereby authorized to
execute all documents and to take all other actions necessary to finalize and enforce
the animal control agreement with Collin County.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of December, 2014.
n- - ; �l�l�ll•]i
ATTEST:
Mike Crist, Mayor Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
C
COLLIN COUNTY
September 30, 2013
City of Anna
Attn: Mayor
PO Box 776
Anna, TX 75409
Re: Animal Control Services
Office of the Purchasing Agent
2300 Bloomdale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
The FY2014 budget process has been completed and the fees for Animal Control Services ONLY,
have been calculated. The annual fee for animal control services to be paid by the City of Anna to
Collin County for FY2014 will be $31,073.00.
The Collin County Treasurer's Office will be mailing quarterly statements to the City of Anna for the
quarterly fee remittance.
Please execute the enclosed contract amendment forms which extend the agreement for Animal
Control Services ONLY between the City of Anna and Collin County for an additional one (1) year
term, and return all copies to the Collin County Purchasing Department at the address below.
Upon completion, one (1) fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at (972) 548-4103 or Metro (972)
424-1460, ext. 4103.
Sincerely,
fili rultj/- zj )II
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c: file
COLLIN COUNTY
September 30, 2013
City of Anna
Attn: Mayor
PO Box 776
Anna, TX 75409
Re: Animal Control Services
Office of the Purchasing Agent
2300 Bloomdale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
The FY2014 budget process has been completed and the fees for Animal Control Services ONLY,
have been calculated. The annual fee for animal control services to be paid by the City of Anna to
Collin County for FY2014 will be $31,073.00.
The Collin County Treasurer's Office will be mailing quarterly statements to the City of Anna for the
quarterly fee remittance.
Please execute the enclosed contract amendment forms which extend the agreement for Animal
Control Services ONLY between the City of Anna and Collin County for an additional one (1) year
term, and return all copies to the Collin County Purchasing Department at the address below.
Upon completion, one (1) fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at (972) 548-4103 or Metro (972)
424-1460, ext. 4103.
Sincerely,
fili rultj/- zj )II
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c: file
Vendor: City of Anna
PO Box 776
Contract Amendment
Anna, TX 75409
Awarded by Court Order No.:
Contract
Amendment
No.:
1
Court
Order
No.
Contract
Amendment
No.:
2
Court
Order
No.
Contract
Amendment
No.:
3
Court
Order
No.
Contract
Amendment
No.:
4
Court
Order
No.
Contract
Amendment
No.:
5
Court
Order
No.
Contract
Amendment
No.:
6
Court
Order
No.
Office of the Purchasing Agent
Collin County Administration Building
SIX (6) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Effective Date 10/1/2013
Contract No. 10094-09
Contract Interlocal Agreement for Animal
Control Services
2007-896-10-09
2008-880-10-14
2009-700-09-14
2011-003-01-03
2011-801-10-10
2013-067-01-28
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents.
Agreement shall be in effect from October 1, 2013, continuing through and including September 30, 2014.
Total amount for fiscal year 2014: $31,073.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be moed in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
PO Box 776
Anna, TX 75409
SIGNATURE
TITLE:
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPB, CPPO
Purchasing Agent
DATE:
Contract Amendment
Vendor: City of Anna
PO Box 776
Anna, TX 75409
Office of the Purchasing Agent
Collin County Administration Building
51X (6) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Effective Date 10/1/2013
Contract No. 10094-09
Contract Interlocal Agreement for Animal
Control Services
Awarded by Court Order No.: 2007-896-10-09
Contract Amendment No.: 1 Court Order No. 2008-880-10-14
Contract Amendment No.: 2 Court Order No. 2009-700-09-14
Contract Amendment No.: 3 Court Order No. 2011-003-01-03
Contract Amendment No.: 4 Court Order No. 2011-801-10-10
Contract Amendment No.: 5 Court Order No. 2013-067-01-28
Contract Amendment No.: 6 Court Order No.
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents.
Agreement shall be in effect from October 1, 2013, continuing through and including September 30, 2014.
Total amount for fiscal year 2014;
$31,073.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
PO Box 776
Anna, TX 75409
SIGNATURE
TITLE:
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPB, CPPO
Purchasing Agent
DATE:
Contract Amendment
Vendor: City of Anna
PO Box 776
Anna, TX 75409
Awarded by Court Order No.:
Contract Amendment No.: 1
Contract Amendment No.: 2
Contract
Amendment
No.:
3
Contract
Amendment
No.:
4
Contract
Amendment
No.:
5
Contract
Amendment
No.:
6
Office of the Purchasing Agent
Collin CountyAdministration Building
SIX (6) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Effective Date 10/1/2013
Contract No. 10094-09
Contract Interlocal Agreement for Animal
Control Services
2007-896-10-09
Court Order No. 2008-880-10-14
Court Order No. 2009-700-09-14
Court Order No. 2011-003-01-03
Court Order No. 2011-801-10-10
Court Order No. 2013-067-01-28
Court Order No.
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents.
Agreement shall be in effect from October 1, 2013, continuing through and including September 30, 2014.
Total amount for fiscal year 2014: $31,073.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
PO Box 776
Anna, TX 75409
SIGNATURE
TITLE:
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPB, CPPO
Purchasing Agent
DATE:
CITY OF ANNA, TEXAS
RESOLUTION NO
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF AN
AGREEMENT WITH COLLIN COUNTY FOR ANIMAL SHELTER SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Shelter Services to the citizens of
Anna is worthy of continuation; and
WHEREAS, the City Council approves Collin County's amendment, #7, to the current
Animal Shelter Services agreement, as follows:
"Agreement shall be in effect from October 1, 2013, continuing through and
including September 30, 2014"
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Agreement
The City Council hereby approves the extension attached hereto as Exhibit 1 to extend
the agreement with Collin County for Animal Shelter Services, ratifies and approves the
City Manager's execution of the same. The City Manager is hereby authorized to
execute all documents and to take all other actions necessary to finalize and enforce
the animal shelter agreement with Collin County.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of December, 2014.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
COLLIN COUNTY
September 30, 2013
City of Anna
Attn: Mayor
P.O. Box 776
Anna, TX 75409
Re: Animal Shelter Services
Office of the Purchasing Agent
2300 Bloomdale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
The FY2014 budget process has been completed and the fees for Animal Sheltering Services ONLY,
have been calculated. The annual fee for sheltering services to be paid by the City of Anna to Collin
County for FY2014 will be $25.090.00.
The Collin County Treasurer's Office will be mailing quarterly statements to the City of Anna for the
quarterly fee remittance.
Please execute the enclosed contract amendment form for Animal Shelter Services ONLY between
the City of Anna and Collin County and return three (3) copies to the Collin County Purchasing
Department at the address below.
Upon completion, one (1) fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at (972) 548-4103 or Metro (972)
424-1460, ext. 4103.
Sincerely,
l J r
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c: file
r
Vendor: City of Anna
P.O. Box 776
Anna, TX 75409
Office of the Purchasing Agent
Collin County Administration Building
Contract Amendment Seven (7) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Awarded by Court Order No.:
Contract Amendment No.: 1
Contract Amendment No.: 2
Contract Amendment No.: 3
Contract Amendment No.: 4
Contract Amendment No.: 5
Contract Amendment No.: 6
Contract Amendment No.: 7
Court
Vendor: City of Anna
P.O. Box 776
Anna, TX 75409
Office of the Purchasing Agent
Collin County Administration Building
Contract Amendment Seven (7) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Awarded by Court Order No.:
Contract Amendment No.: 1
Contract Amendment No.: 2
Contract Amendment No.: 3
Contract Amendment No.: 4
Contract Amendment No.: 5
Contract Amendment No.: 6
Contract Amendment No.: 7
Court
Order
No.
Court
Order
No,
Court
Order
No.
Court
Order
No.
Court
Order
No.
Court
Order
No.
Court
Order
No.
Effective Date 10/1/2013
Contract No, 10097-09
Contract Interlocal Agreement for the Facility
Construction and Use of an Animal Shelter
in Collin County
2006-891-09-26
2007-1008-11-13
2008-883-10-14
2009-703-09-14
2011-004-01-03
2011-80340-10
2013-068-01-28
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Agreement shall be in effect from October 1, 2013, continuing through and including September 30, 2014 at the below rate:
Total amount for fiscal year 2014:
$25,090,00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing s
ACCEPTED BY:
CITY OF ANNA
P.O. Box 776
Anna, TX 75409
SIGNATURE
TITLE;
DATE:
by both parties.
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Blcomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPO, CPPB
Purchasing Agent
DATE:
Vendor: City of Anna
P.O. Box 776
Anna, TX 75409
Awarded by Court Order No.;
Contract Amendment No.: _
Contract Amendment No.: _
Contract Amendment No.: _
Contract Amendment No.:
Contract Amendment No.:
Contract Amendment Seven (7)
1
4
Contract
Amendment
No.:
6
Contract
Amendment
No.:
7
Court
Order
No.
Court
Order
No.
Court
Order
No.
Court
Order
No,
Court
Order
No.
Court
Order
No.
Court
Order
No.
Effective Date
Contract No,
Contract
Office of the Purchasing Agent
Collin County Administration Building
2300 Bioomdale Rd, Ste 3160
McKinney, TX 75071.
972-548-4165
10/1/2013
10097-09
Interiocal Agreement for the Facility
Construction and Use of an Animal Shelter
in Collin County
2006-891-09-26
2007-1008-11-13
2008-883-10-14
2009-703-09-14
2011-004-01-03
2011-803-10-10
2013-068-01-28
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Agreement shall be in effect from October 1, 2013, continuing through and including September 30, 2014 at the below rate:
Total amount for fiscal year 2014:
$25
,090.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing si
ACCEPTED BY:
CITY OF ANNA
P.O. Box 776
Anna, TX 75409
SIGNATURE
TITLE:
BATE:
y parties.
d bboth
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bioomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPO, CPPB
Purchasing Agent
DATE9
Office of the Purchasing Agent
Collin County Administration Building
Contract Amendment Seven (7) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Vendor: City of Anna
P.O. Box 776
Anna, TX 75409
Awarded by Court Order No.:
Contract Amendment No.: 1
Contract Amendment No.: 2
Contract
Amendment
No.:
3
Contract
Amendment
No.:
4
Contract
Amendment
No.:
5
Contract
Amendment
No.:
6
Contract
Amendment
No.:
7
Court
Order
No.
Court
Order
No,
Court
Order
No.
Court
Order
No.
Court
Order
No.
Court
Order
No.
Court
Order
No.
Effective Date 10/1/2013
Contract No. 10097-09
Contract Interlocal Agreement for the Facility
Construction and Use of an Animal Shelter
in Collin County
2006-891-09-26
2007-1008-11-13
2008-883-10-14
2009-703-09-14
2011-004-01-03
2011-803-10-10
2013-068-01-28
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Agreement shall be in effect from October 1, 2013, continuing through and including September 30, 2014 at the below rate:
Total amount for fiscal year 2014:
$25
,090.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
P.O. Box 776
Anna, TX 75409
SIGNATURE
TITLE:
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPO, CPPB
Purchasing Agent
DATE:
Council Meeting: December 10 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 (fl
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 12/02/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution regarding the "Dickschat 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 and contains 40.298 acres
of land located at 11971 County Road 509 and north of Sam Rayburn Memorial
Highway. Several proposed improvements are shown 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 at their meeting December 2, 2013. The
vote was unanimous.
RECOMMENDED ACTION: Approval of development plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE DEVELOPMENT
PLAT FOR THE "DICKSCHAT ADDITION" GENERALLY LOCATED ON COUNTY ROAD
509 AND NORTH OF SAM RAYBURN MEMORIAL HIGHWAY AND IS SUBJECT TO THE
SUBDIVISION RULES AND REGULATIONS AND WAIVERS/SUSPENSIONS AND
RELATED CONDITIONS AS SET FORTH IN THIS RESOLUTION AND STIPULATIONS TO
BE ADDRESS THROUGH THE DEVELOPMENT PLAT PROCESS.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, the Planning and Zoning Commission has recommended that the City Council
approve the Dickschat Addition Development Plat,
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 Development Plat
The City Council hereby approves the Dickschat Addition development plat
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10" day
of December, 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
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Council Meeting: December 10 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: 12/02/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution regarding the approval of the "Martinez
Addition" Final Plat.
SUMMARY: A final plat has been received on approximately two acres of land located
in the area generally known as East Fork Estate which has not been platted in the past.
The subject property address is 9604 East Fork. The owner is proposing to build a new
home which will also require a Collin County approved septic system. As such a variance
to the Subdivision Rules and Regulations requiring the property be connected to the
City's wastewater collection system has been applied for as noted on the plat. The Staff is
recommending approval of the final plat subject to this variance request.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the development plat at their meeting December 2, 2013. The
vote was unanimous.
RECOMMENDED ACTION: Approval of final plat with variance regarding the use of
a septic system.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FINAL PLAT FOR
THE " MARTINEZ ADDITION" IN THE AREA GENERALLY KNOWN AS EAST FORK
ESTATES SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AND
WAIVERS/SUSPENSIONS AND RELATED CONDITIONS AS SET FORTH IN THIS
RESOLUTION AND STIPULATIONS TO BE ADDRESS THROUGH THE FINAL PLAT
PROCESS.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, the Planning and Zoning Commission has recommended that the City Council
approve the Martinez Addition Final Plat and certain waiver/suspension, with certain
conditions as set forth herein.
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 Final Plat
The City Council hereby approves the Martinez Addition final plat subject to the staff
comments, attached hereto as Exhibit 1 and the following variance to the City's Subdivision
Regulations, subject to the conditions set forth
1) A Waiver to the Subdivision Rules and Regulations requiring the property be
connected to the City's wastewater collection system has been applied for as noted
on the plat.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10" day
of December, 2013.
ATTEST:
Natha Wilkison, City Secretary
Mayor, Mike Crist
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Council Meeting: December 10 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 (h)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 12/02/13
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution regarding approval of "Anna Crossing PH
lA & 113" Preliminary Plat.
SUMMARY: A final plat has been received on approximately 41.568 acres of land that
is south of County Road Number 422 and east of State Highway Number 5. The owner,
Anna Town Center No. 1/BRGT, LTD. is proposing 175 residential lots. A previous
preliminary plat was approved; however, significant changes have been made. Therefore
this new preliminary plat has been submitted. The developer has submitted detailed plans
that are being reviewed by the Staff and the City Engineer. The detailed engineering
comments for those plans are not part of the preliminary comments but are currently
being reviewed and should not impact the face of the plat. The staff has several
comments on the property as outlined below:
Staff Comments
1. A schedule of Development is needed.
2. Street names need to be provided.
3. An additional street stub needs to be provided to the east and the south.
4. Lot 37, Block A should not be a tract instead of a lot and shall be
maintained by a HOA.
5. All common areas shall be maintained by an HOA including the island
inside the right-of-way of Street C.
6. Label Temporary dead end streets.
7. Provide curvilinear street calculations.
8. The maximum block length is 800 feet. The staff would support a
variance request on this requirement. A note needs to be added to the
plat requesting this variance.
9. Barricades will be required at the end of all dead end/street stubs.
10. A masonry fence will be required along the northern property line.
11. A 10' utility easement is required along all street right-of-ways.
12. Include the proposed right-of-ways for all perimeter and offsite streets
to be built with phase I.
Item No. 5 (h)
City Secretary's use only
13. Remove the Typical Pavement Section detail from the face of the
preliminary plat.
1 1. Additional right-of-way between the street shown and the Cunningham
tract is needed.
Engineer Comments
1. Bearing and distances on the plat do not match the legal description.
The acreage on the plat does not match the legal description.
2. Show typical utility easements along right-of-ways and between lots.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the preliminary plat at their meeting December 2, 2013 subject
to all comments being met. The vote was unanimous.
RECOMMENDED ACTION: Approval of preliminary plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PRELIMINARY PLAT
FOR THE "ANNA CROSSING PHASE PH 1A & 113" GENERALLY LOCATED SOUTH OF
COUNTY ROAD 422 AND EAST OF STATE HIGHWAY 5 SUBJECT TO THE SUBDIVISION
RULES AND REGULATIONS AND WAIVERS/SUSPENSIONS AND RELATED CONDITIONS
AS SET FORTH IN THIS RESOLUTION AND STIPULATIONS TO BE ADDRESS THROUGH
THE FINAL PLAT PROCESS.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part IIkA of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, development comments that are made by the staff through the review process will be
addressed by the developer's engineers during preparation of final construction plans and related
subdivision improvement agreements, and;
WHEREAS, the Planning and Zoning Commission has recommended that the City Council
approve the Anna Crossing PH 1A & 1B Preliminary Plat and certain waiver/suspension, with
certain conditions as set forth herein.
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 Preliminary Plat
The City Council hereby approves the Anna Crossing PH 1A & 1B Preliminary Plat subject to the
staff comments below:
Staff Comments
1. A schedule of Development shall be provided.
2. Street names need to be provided.
3. An additional street stub needs to be provided to the east and the south.
4. Lot 37, Block A should not be a tract instead of a lot and shall be maintained by a HOA.
5. All common areas shall be maintained by an HOA including the island inside the right-
of-way of Street C.
6. Label Temporary dead end streets.
7. Provide curvilinear street calculations.
8. The maximum block length is 800 feet. The staff would support a waiver request on
this requirement. A note needs to be added to the plat requesting this waiver.
9. Barricades will be required at the end of all dead end/street stubs.
10. A masonry fence will be required along the northern property line.
11. A 10' utility easement is required along all street right-of-ways.
12. Include the proposed right-of-ways for all perimeter and offsite streets to be built with
phase I.
13. Remove the Typical Pavement Section detail from the face of the preliminary plat.
14. Additional right-of-way between the street shown and the Cunningham tract is needed.
15. The detailed engineering comments for this plat are not part of the preliminary
comments
Engineer Comments
1. Bearing and distances on the plat do not match the legal description. The acreage on
the plat does not match the legal description.
2. Show typical utility easements along right-of-ways and between lots.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10h day of
December, 2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
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MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 7, 2013
The Planning and Zoning Commission of the City of Anna will held its regular meeting on
October 7, 2013, at 7:00 p.m., at the Community Room of the Anna City Hall Administration
Building located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:07 p.m. Members present were Justin Burr, Sandy
Setliff, Tiffany Burleson, John Johnson, Darrin Colombo and Lee Miller. Elaine Gothard
had an excused absent from meeting. Staff present was Maurice Schwanke and Clark
McCoy, City Attorney.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding ��AP Tower TX1009"
development plat.
Mr. Schwanke gave a presentation and answered questions from the Commission. The
improvement planned for the site is a telecommunication tower located outside of the
City Limits. A portion of the property, however, is within the City Limits. No water and
sewer utilities are planned for this development and since this tower is a commercial
endeavor within the Cities extra territorial jurisdiction the County will be issuing the
permit for the facility. The development plat meets the standards for development plats.
Mr. Mason Griffin spoke on behalf of the development plat submittal and answered
questions from the Commission.
A motion was made by Mr. Colombo, seconded by Ms. Burleson to approve the
development plat. The vote was unanimous.
4. Discussion: Planning &Zoning Procedures —Clark McCoy
Clark McCoy, city attorney, briefed on the Rules and Regulations and answered
questions from the Commission regarding the Planning and Zoning Commission
responsibilities.
S. Election of Officers:
• Chairman — A motion was made by Ms. Setliff to nominate Justin Burr to serve
as chairman. Mr. Colombo seconded the motion. The vote was unanimous.
• Vice Chairman — A motion was made by Mr. Colombo to nominate Sandy Setliff
to serve as Vice Chairman. Mr. Johnson seconded the motion. The vote was
unanimous.
PZ Minutes 10-07A3.doc Page 1 of 2 Posted 10-0413
® Secretary — A motion was made by Mr. Burr to nominate John Johnson to serve
as Secretary. Mr. Miller seconded the motion. The vote was unanimous.
G. Consider action to approve 1Vlinutes of the September 9, 2013 meeting.
A motion was made by Ms. Setff and seconded by Mr. Colombo to approve Minutes of
the September 9, 2013 meeting. The vote was unanimous.
7. Adjourn
There being no further business, a motion was made by Chairman Bun and seconded by
Mr. Johnson to adjourn meeting. The meeting adjourned at 8:39 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 10-07-13.doc Page 2 of 2 Posted 10-04-13
Y{QUit} HQMETQW 1V
Council Meeting: December 10 2013
Account Code # General Fund Contingency
Amount: $2 500
Item No. W�
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Approve a Resolution authorizing approval of an Agreement with the
Greater Anna Chamber of Commerce for the Anna Centennial Celebration,
SUMMARY: The Greater Anna Chamber of Commerce has requested funding assistance from
the City of Anna for the Anna Centennial Celebration. The funds would be used to pay for
portable restrooms, basic supplies such as trash can liners, signage, DJ, marketing, photography,
golf cart rental, and two-way radio rental. Funds are available in the General Fund contingency
account subject to approval of the attached resolution.
RECOMMENDATION: Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AGREEMENT
WITH THE GREATER ANNA CHAMBER OF COMMERCE FOR THE ANNA CENTINNIAL
CELEBRATION.
WHEREAS, on November 12, 2013 the City Council of the City of Anna, Texas (the "City
Council") authorized approval of a Special Event Permit and Agreement with the Greater
Anna Chamber of Commerce ("GACC") for the Anna Centennial Celebration; and,
WHEREAS, the GACC has requested funding assistance from the City of Anna (the "City")
for the Anna Centennial Celebration; and,
WHEREAS, the funds provided by the City would be used to pay for portable restrooms,
basic supplies such as trash can liners, signage, DJ, marketing, photography, golf cart rental,
and two-way radio rental; and,
WHEREAS, funds are available in the City's General Fund contingency account subject to
approval of the City Council; and,
WHEREAS, the City Council finds that it is in the best interests of the citizens of Anna to
provide funding assistance to the GACC for the Anna Centennial Celebration;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Funding Agreement.
The City Council hereby approves the Agreement with the Greater Anna Chamber of
Commerce attached hereto as Exhibit 1 to provide funding assistance for the Anna
Centennial Celebration, and authorizes, ratifies and approves the City Manager's execution
of same.
Section 3. Contingency Appropriation
Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the
City Manager to transfer $2,500 from the FY 2014 General Fund Contingency Appropriation
to the Administration Misc. Services account No. 10400-6799.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED by the City Council of the City of Anna, Texas, on this 10'" day of December 2013,
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. _____ PAGE 2 OF 2
AGREEMENT
This Agreement (this "Agreement") is made by and between the City of Anna, Texas
("City"), and the Greater Anna Chamber of Commerce ("GACC") and is entered into on
this 10th day of December, 2013,
Section 1. Summary
For and in consideration of the mutual promises and obligations set forth herein, this
Agreement governs the payment by the City to the GACC in the amount of $2,500 (the
"Payment") in exchange for the GACC's promise to use the full amount of the Payment
to pay for portable restroom rental, basic supplies such as trash can liners, signage, DJ
service, marketing, photography, golf cart rental, and two-way radio, to be used solely
for the Anna Centennial Celebration as described in the attached Special Event Permit
and Agreement approved by the City Council on November 12, 2013 (Exhibit A).
Section 2. General Requirements
(1) The City will make the Payment to the GACC on or before the 315t day of
December, 2013.
(2) The GACC will plan and conduct the Anna Centennial Celebration as described in
Exhibit A. If weather or other unforeseen conditions prevent the Anna Centennial
Celebration from taking place on date described in Exhibit A, the Anna Centennial
Celebration may take place on an alternate date if specifically permitted in writing
by the City Manager.
(3) In addition to any other remedies allowed by law, which shall be cumulative, the
bI each of the GACC of any of its obligations under this Agreement shall require the
GACC to refund the amount of the Payment to the City upon demand.
Section 3. Amendment
This Agreement may not be amended except pursuant to a written instrument signed by
both parties.
Section 4. 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
GACC
Section 5. No Waiver of Immunity, No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the City
under Texas law. The provisions of this Agreement 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 6. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and
];ACC and supersedes all prior negotiations, representations and/or agreements, either
written or oral with respect to the Fireworks Display.
Section 7. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to interpretation
and performance. Any and all legal action necessary to enforce this Agreement shall be
brought in a court of competent jurisdiction in Collin County, Texas.
Section 8. 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 9. 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 10. Force Majeure
If a party is prevented or delayed from performing any of its obligation hereunder due to
a natural or manmade event or condition not caused by such party and beyond such
)arty'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. AGREEMENT
PAGE40F5
Section I I. 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 12. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of
such Agreement shall begin as soon thereafter as practicable, or as specified herein.
SIGNATURES:
Greater Anna Chamber of Commerce, City of Anna, Texas
Incorporated
By:
Sarah Cox, its President Date
City of Anna, Texas
By:
Philip Sanders, City Manager Date
Council Meeting: December 10I 2013
Account Code #: N/A
Budgeted Amount:,
I�
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Clayton Fulton
Date Prepared: 12/4/13
Exhibits: Q Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action adopting a resolution directing
publication of notice of intention to issue combination tax and revenue certificates of
obligation for waterworks and sewer system improvements, and resolving other matters
relating to the subject.
SUMMARY: During the budget process and our workshop on our debt management
pIan, staff discussed the need to construct an additional elevated storage tank. In order to
meet the required TCEQ standards to water capacity, this tower is critical. Our
consulting engineer has reviewed preliminary designs for the water tower and any other
pressing needs regarding our water system.
Engineers' estimates and financing costs have been evaluated and the estimated cost for
these projects is approximately $3.7 million including debt issuance costs. Our financial
advisors will provide a final amount at or before the meeting.
While the amount we plan to issue exceeds the amount originally considered in our water
rate model, the increase is not expected to have material affect upon our goal for 90 days
of working capital.
The attached resolution does not authorize the issuance of debt; rather it is a required
"notice of intent" to issue certificates of obligation. The amount contained in the notice
is the maximum amount of debt the City will be able to issue for the water and waste
water projects listed above.
By publishing the notice of intent in December, funds will available in mid February
2014 to begin the design phase of the project.
Staff form First Southwest will be in attendance to review any questions the council may
have and discuss the final number to include in the notice. They will also present
information on the planned refunding of General Obligation debt to coincide with the
issuance of this new debt.
Item No. 6
City Secretary's use only
RECOMMENDATION: Staff recommends that the Council approve the resolution.
RESOLUTION N0.2013-12-01
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION FOR WATERWORKS AND SEWER SYSTEM
IMPROVEMENTS; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ANNA §
WHEREAS, this City Council deems it advisable to give notice of intention to issue certificates of
obligation of the City of Anna Texas (the "City"), as hereinafter provided;
WHEREAS, the City expects to pay, or have paid on its behalf, expenditures in connection with the
design, planning, acquisition and construction of the projects described on Exhibit A hereto (the "Projects")
prior to the issuance of tax-exempt obligations for which a prior expression of intent to finance or refinance
is required by federal or state law (collectively and individually, the "Obligations") to finance the Projects;
WHEREAS, the City finds, considers, and declares that the reimbursement for the payment of such
expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses
to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance
the Projects; and
WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution
was passed, was open to the public and public notice of the time, place, and purpose of said meeting was
given, all as required by Chapter 551, Texas Government Code,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
1. Attached hereto is a form of the Notice of Intention to issue Combination Tax and Revenue
Certificates of Obligation, the form and substance of which is hereby adopted and approved.
2. The City Secretary shall cause said notice to be published in substantially the form attached
hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general
circulation in the area of said City, once a week for two consecutive weeks, the date of the first publication
thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the
issuance of such Obligations as shown in said notice.
3. All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will
be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later•
of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service.
4. The foregoing notwithstanding, no Obligation will be issued pursuant to this statement more
than three years after the date any expenditure which is to be reimbursed is paid.
5. This Resolution shall become effective immediately upon adoption.
APPROVED AND ADOPTED this December 10, 2013
ATTEST:
City Secretary
[CITY SEAL]
Mayor
RESOLUTION NO. 2013-12-10
CITY OF ANNA, TEXAS
CITY OF ANNA, TEXAS
NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Anna, Texas, at its meeting to
commence at 7:30 P.M. on January 14, 2014 at its regular meeting place in the City Hall Administration
Building, I I I North Powell Parkway, Anna, Texas, tentatively proposes to adopt an ordinance authorizing
the issuance of interest bearing certificates of obligation, in one or more series, in an amount not to exceed
$ for paying all or a portion of the City's contractual obligations incurred in connection with (i)
acquiring, constructing, installing and equipping additions, extensions and improvements to the City's
waterworks and sewer system, including a water storage tank; and (ii) legal, fiscal and engineering fees in
connection with such projects. The City proposes to provide for the payment of such certificates of obligation
from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of surplus
revenues of the City's waterworks and sewer system, remaining after payment of all operation and
maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of
the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or
any part of the net revenues of the City's waterworks and sewer system. The certificates of obligation are to
be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government
Code, Subchapter C of Chapter 271.
CITY OF ANNA, TEXAS
Council Meeting: December 10 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 12/02/13_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Public Hearing (2"d) 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, Wet of U.S. 75 and adjacent to
the city limit, containing thirty-three acres of land more or less.
SUMMARY: This is the second of two public hearings on a tract of land that has a
43.035/212 development agreement with the Mixon Realty Company on 33 acres of
.and.
It is the recommended of the Staff that the City act on this agreement to ensure protection
of land uses adjacent to U.S. 75.
RECOMMENDED ACTION: Hold 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
SECOND PUBLIC HEARING
ANNEXATION OF TERRITORY
The City of Anna will hold a second public hearing on Tuesday, December 10, 2013, at 7:30
p.in. 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.
i
Council Meeting: December 10, 2013
Account Code #: N/A
Budgeted Amount:
Item No. 8 (a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 12/02/13_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: a) Public Hearing: To consider public comments on a request by
Poiler Cameron, owner of property, to changed zoning from Single Family Residential
SFI) to Restricted Commercial (Cl) zoning to allow for commercial uses. The property
is located at 811 N Powell Pkwy.
(b) Consider/Discuss/Act on recommendation regarding an ordinance, to change the
zoning from Single Family Estates (SF-E) to Restricted Commercial (Cl) to allow for
commercial uses. The property is located at 811 N Powell Pkwy,
SUMMARY: The property is currently zoned as Single Family Residential (SF-1). The
owner is requesting a zoning change to Restricted Commercial (C 1) to allow for
commercial uses. The property is located at 811 N Powell Pkwy. An Anna water storage
tank with a well is located immediately to the north of the tract. No specific use has
committed to the site at this time. The request is in keeping with the Anna
Comprehensive Plan.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the zoning request at their meeting November 4, 2013. The
vote was unanimous.
RECOMMENDED ACTION: Approval of Ordinance
Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Tuesday,
December 10, 2013 at 7:30 p.m. at the Community Room of the Anna City Hall Administration
Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment
regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's
Zoning Ordinance. The public hearing will respectively concern the City Council's consideration
of an ordinance described as follows:
• AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED
HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A
PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY
AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF. The Property is currently
zoned as (S174) Single Family Residential. The owner is requesting a zoning change to
Restricted Commercial (C 1) to allow for commercial uses. The property is located at 811
N Powell Pkwy.
Copies of the rezoning request, including a map of the property generally described above, are
available for review during regular office hours at the office of the City Secretary, Anna City
Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes
are welcomed and will be accepted until the time of the public hearings and may be presented at
the hearings. Speakers at the hearings will be heard according to their order on a listing to be
established for such purpose by the City Secretary.
A �5;���yp` 4a✓
1
fYI✓% i� YV� �� iY �� SOiUb0,+
a
CITY OF ANNA, TEXAS
ORDINANCE NO.
811 N Powell Pkwy
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING
THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain
zoning for said property; and
WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City
of Anna have given the requisite notices by publication and otherwise and have held the public hearings
as required by law and afforded a full and fair hearing to all property owners generally and to all persons
interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of
Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing
the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance,
from (SF4) Single Family Residential to Restricted Commercial (Cl) zoning to allow for commercial
uses on the tract.
Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning
described herein.
Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are
repealed to the extent of that conflict.
Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this day of , 2013.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison Mayor, Mike Crist
SITUATED All C o 1 I i n County, Texas, and being a part of the HENRY BRANTLEY
SURVEY, Abstract No 71 and being the north one-half of 1.03 acres of land more or less,
conveyed to Dudley Robertson et ux Wyvonne Robertson by James EX Nails et ux Zoe
Ann Nails by deed dated August 20, 1957 and recorded in Volume 531, page 688 of the
Deed Records of Collin County, Texas, and being off the east side of 149.10 acres
described as First Tract, in a deed from Rutland Trust Company to Marvel Louis
V e r in i I 1 i o n et ux dated March 27, 1939, recorded in Volume 318, page 560 of the Collin
County Deed Records, and;
BEGINNING at a stake at the northeast corner of the tract of land conveyed to C. A.
Robertson et ux Inez Robertson by Dudley Robertson et ux Wyvonne Robertson by deed
dated November 21, 1958 and recorded in Volume 545, page 355 of the Deed Records, of
Collin County, Texas;
THENCE NORTH 8-1/4 deg E a s t 99 feet along U. S. Hwy No. 75, to a stake;
THENCE NORTH 844/4 d eg West 228 feet to a stake;
THENCE SOUTH 84/4 deg West 99 feet to a stake;
THENCE SOUTH 844/4 deg East 228 feet to the place of beginning and being the same
land described in a deed from Dudley Robertson et ux to Billy Rollins et ux dated May 16,
1962 recorded in Volume 598, page 143 of the Deed Records of Collin County, Texas; and
being the same land d e s c r i b e d in a deed from B i I y L. Rollins et ux to Weldon Williams
et ux dated October 3, 1963 and recorded in Volume 624, page 231 of the Deed Records of
Collin County, Texas.
HOMETOWN
Council Meeting: December 10 2013
Account Code #: N/A
Budgeted Amount: N/A
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 12/02/13_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution establishing the
dates, times, and places for public hearings for the annexation of a tract of land in the
D.E.W. Babb Survey, ABS A33 generally located east of County Road 418, north of the
Collin County Outer Loop and adjacent to the city limits, and containing 9.97 acres of
land more or less.
SUMMARY: This tract of land is in the southern sector of the City and adjacent to the
City Limits. The tract is situated along the north side of the Collin County Outer Loop.
A major thoroughfare shown on the City's Comprehensive Plan is planned to traverse the
site as shown on the attached development plat that was recently approved.
Since this tract is on one of the major gateways through the City it is in the best interest
oI the City to maintain appearances through property maintenance and control land uses.
As such these public hearings have been schedule to allow the City Council to review
their options regarding annexation of the site.
RECOMMENDED ACTION: Set public hearing dates.
CITY OF ANNA
RESOLUTION NO.
(City Annexation of Property generally located north of the Collin County Outer
Loop and east of County Road Number 418)
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR
PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY.
WHEREAS, in or to better protect the health, safety, and welfare of the citizens of Anna,
the City Council of the City of Anna wishes to consider annexation of certain property
described in Exhibit A; and
WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the
City of Anna, Texas; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section 1.
The City Council of the City of Anna hereby proposes to annex the property Shown in
Exhibit A.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
lst Public Hearing —January 14, 2014, at 7:30 p.m. at the Community Room, Anna
City Hall Administration Building, I I I N. Powell Pkwy, Anna, TX
2"a Public Hearing —January 28, 2014, at 7:30 p.m. at the Community Room, Anna
City an Administration Building, 1 I 1 N. Powell Pkwy, Anna, TX
PASSED by the following vote of all members of the City Council as present on this the
1 Ot" day of December 10, 2013.
AYES
ATTEST:
City Secretary, Natha Wilkison
NAYS
ABSTENTIONS
Mike Crist, Mayor
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Item NO..10 ,i Formatted: Underline
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
CITY U� ANNFl, TEXA5
Council Meeting: December 10, 2013 Staff Contact: Jessica Perkins
Account Code #:
Budgeted Amount: Exhibits: Yes X No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an
Economic Development Agreement with Empowered Training Centre, LLC. (Jessica
Perkins)
SUMMARY: Staff was introduced to Empowered Training Centre, LLC a couple
weeks ago and the company has interest in locating in Anna. Since the presentation,
Mubina Gillani has secured the location next to the donut shop on FM 455 as their office
space. Ms. Gillani also presented her presentation to the members of the EDC board.
The EDC board has reviewed and approved an incentive agreement. Execution of the
agreement is contingent on approval by city council.
The total amount of the grant to be paid by the EDC is $111,340. The grant proceeds
must be used by the Company for costs that are necessary and incident to financing and
placing Empowered Training Centre, LLC into operation in Anna. The amount of
$100,000 will be paid to the Company upon relocation to Anna to be used for the creation
and retention of jobs. Empowered Training Centre, LLC has agreed to create and retain
10 primary jobs within 18 months at a minimu►n pay of $24,000 with bonus options. The
remaining grant proceeds, in the amount of $11,340 will be paid to the Company in 6
consecutive monthly payments each totaling $1890. Said monthly $1890 payments shall
be used by the Company during its 6 months of operations for all or a portion of its lease
and maintenance costs for the Facility.
According to the terms of the agreement Empowered Training Centre, LLC will remain
in Anna for 10 years. The failure of Empowered Training Centre, LLC to meet the terms
of the agreement, would obligate them to repay full or portions of the grant amount
depending on when the failure occurs.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT
PERFORMANCE AGREEMENT
This Economic Development Incentive Grant for Capital Investment Performance
Agreement (this "Agreement") is made and entered into by and between the Anna
Economic Development Corporation and Empowered Training Centre, LLC (the
'Company").
WITNESSETH:
WHEREAS, the Anna Economic Development Corporation is willing to provide grant
proceeds for the use of the Company, provided that the Company meets certain criteria
relating to Capital Investments, and the creation and retention of 20 New Jobs
consisting of Primary jobs as that term is defined in Texas Local Government Code
§501.002(12); and
WHEREAS, the Company is required to return all or a portion of the grant proceeds
received plus interest to the Anna Economic Development Corporation if the
performance criteria under this Agreement are not materially met by the Company; and
WHEREAS, the Anna Economic Development Corporation and the Company desire to
set forth their understanding and agreement as to the payout of the grant proceeds,
obligations of the Company regarding Capital Investment, New Job creation and
maintenance, Company Corporate Headquarters location requirements, the repayment
by the Company of all or part of the grant under certain circumstances, and other
related matters;
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings Of the parties to this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto covenant and agree as follows:
Section 1. Recitals Incorporated.
The above -stated recitals are incorporated into this Agreement as if set forth in full and
constitute material representations by the Company and Anna Economic Development
Corporation to induce the other party to enter into this Agreement.
Section 2. Definitions.
"Capital Investment" means the Company's capital expenditure of at least $10,000 of
which approximately $5,000 will be invested in machinery and equipment, and
approximately $5,000 will be invested in the up -fit of the Facility(ies).
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 1 OF 12
"City" or "the City" means the City of Anna, Texas.
"Company Corporate Headquarters" means the physical location wn the corporate
limits of the City and designated by the Company on all corporate documentation and
filings as the Company's principal place of business and headquarters.
"Controlling Shareholder" means a shareholder or stock owner of the Company who is
in a position to influence the Company's activities because said shareholder or stock
owner either owns a majority of outstanding shares/stocks or owns a smaller4han-
majority percentage but owns more shares/stocks than any other shareholder.
"Facility" or "Facilities" means the principal place of business (Company Corporate
Headquarters) and any other business locations of the Company that are located within
the corporate limits of the City.
"Project" means the mycourseroom.com project that is the subject of this Agreement,
and which is more particularly represented by the Company to be an online,
credentialed, global resource for professional training across industries that offers free
education targeting professionals, independent learners, service providers, small
businesses, non-profit organizations, and associations globally; the undertaking of the
Project and location of the Company Corporate Headquarters shall be within the
corporate limits of the City and is intended to result in the creation of at least 20 New
Jobs in 18 months from the Start Date at the Facility(ies) and the Project further
includes the Company's Obligation to Maintain and other duties it must perform under
this Agreement.
"New Job" means a Primary job, as that term is defined in Texas Local Government
Code S501.002(12), and includes only jobs that are new, permanent, and full-time
employment positions filled by individuals for an indefinite duration at the Facility for
which the standard fringe benefits are paid by the Company for the employee, and for
which the Company pays a minimum wage of at least $24,000. Each New Job must
require a minimum of either: (1) 40 hours of an employee's time per week for the entire
normal year of the Company's operations, which "normal year" must consist of at least
52 weeks; or (2) 2,080 hours per year, subject to applicable federal or Texas state law
requiring the Company to grant an employee any type of leave or other time away from
the job.
"Obligation to Maintain" means the Company's contractual responsibility under this
Agreement to maintain at the Facility(ies)—beginning on the Performance Date and
ending ten years after the Start Date —the active and paid employment status of at least
one individual in each of the 20 New Job positions required to be created under this
Agreement, except that after any such individual's termination, resignation, or other
departure from active paid status, the Company shall have a reasonable period of time
but in no event longer than 60 business days or a longer time period if necessary to
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE20F12
comply with the minimum requirements of the Family Medical Leave Actor other
applicable federal or Texas state law governing mandatory employee leave or time
away from the job) to fill the position with an active, paid employee.
"Performance Date" means the date that all 20 of the New Jobs required to be created
and filled under this Agreement have been created and filled and the Capital Investment
has been made in full as described in this Agreement.
"Sales Tax" means sales tax collected by the Company on the taxable sale of any
product sold by the Company.
"Start Date" means the date upon which the Company establishes and begins to
operate its business at the Facility under a valid written lease or purchase of real
property within the corporate limits of the City.
"Targets" mean the Company's obligation to meet the following two criteria at the
Facility: (1) make the entire amount of the Capital Investment; and (2) create and fill 20
New Jobs.
"Work" means any and all of the Company's efforts, pursuits, activities, business
operations and endeavors performed or attempted and associated or in connection with
or related to the Project, including but not limited to all efforts, pursuits, activities,
business operations and endeavors performed by its organizers, directors, officers,
agents, employees, representatives, contractors or any subcontractors.
Section 3. Disbursement of the Grant.
(a) The total amount of the grant to be paid by the Anna Economic Development
Corporation under this Agreement is $1111340. The grant proceeds must be
used by the Company for costs that are necessary and incident to financing and
placing the Project into operation and maintaining the Project as required under
this Agreement. The amount of $100,000 will be paid to the Company within ten
business days of the later of: (1) the effective date of this Agreement; or (2) the
Start Date. A portion of grant proceeds, in the amount of $11,340 will be paid to
the Company in 6 consecutive monthly payments each totaling $1,890, with each
payment being made on or within five business days after the 1st day of each
month, the first month for payment being the month that begins at least five
business days after the Start Date. Said monthly $1,890 payments shall be used
by the Company during its first year of operations for all or a portion of its lease
and maintenance costs for the Facility.
(b) In addition to the cash grant, the Anna Economic Development Corporation will
make a line of credit available in the amount not to exceed $4,500 per month
which would be paid back with interest and the details of such line of credit
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 3 OF 12
outlined in a separate document that will serve as an addendum to this
agreement.
(c) This Agreement is subject to the duly authorized approval of the Company, the
Anna Economic Development Corporation Board of Directors, and the City of
Anna City Council and absent said approvals this Agreement shall be null and
void notwithstanding any other provision or statement in this Agreement. After
the last of said approvals and the duly authorized approval of this Agreement by
the Company as evidenced by the properly notarized execution of this
Agreement by its President, this Agreement shall be in effect, and the Anna
Economic Development Corporation will implement the disbursement of the grant
proceeds to the Company in accordance with the schedule set forth in subsection
(a), above, in exchange for the Company's promises in this Agreement, which
include but are not limited to the promise to achieve the Targets at the Facility
before the expiration of the 18-month time period stated in Section 4(a) of this
Agreement and to thereafter abide by the Obligation to Maintain.
Section 4. Performance Date and Obligation to Maintain.
(a) Performance Date. The Company is responsible to ensure that the Performance
Date occurs —and the Targets that the Company must meet in connection with
said date are met —on or before the expiration of 18 months after the Start Date.
(b) Obligation to Maintain. The Company must fulfill its Obligation to Maintain for ten
years after the Start Date.
(c) Exception to Obligation to Maintain. Notwithstanding anything in this Agreement
to the contrary, the Company shall have the right, at its sole discretion, to
designate one or more of its employees to be on "assignment" and assign such
employees to one or more locations, provided that the Company maintains at the
Facility(ies)—at all times during the period beginning on the Performance Date
and ending on the ten-year anniversary of the Start Date —the active and paid
employment status of at least one individual assigned to work at the Facility(ies)
in each of the 20 New Job positions required to be created under this Agreement,
except that after the termination, resignation, or other departure from active paid
status of any employee filling a New Job required to be created under this
Agreement, the Company shall have a reasonable period of time (but in no event
longer than 60 business days or a longer time period if necessary to comply with
the minimum requirements of the Family Medical Leave Act or other applicable
federal or Texas state law governing mandatory employee leave or time away
from the job) to fill the position with an active, paid employee.
Section 5. Repayment Obligation and Other Remedies.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 4 OF 12
(a) Determination Of Impossibility Of Meeting Targets: If the Anna Economic
Development Corporation and the City determine, in their reasonable
discretion exercised in good faith, and find by written resolution at any time
prior to the Performance Date (the "Determination Date") that it would be
impossible for the Company to meet the Targets within the 18-month period
set forth in Section 4(a) of this Agreement —and provided that the Anna
Economic Development Corporation and the City notifies the Company of
such determination in writing within ten business days of such
Determination Date —the Company must repay 100% of the grant proceeds
(plus interest at the rate of 6% per annum or the highest rate allowed by
law, whichever is lower, with interest accruing cumulatively on the total
amount of grant proceeds disbursed beginning on the Determination Date).
(b) Repayment for Failure to Meet Targets. Regardless of whether the
Anna Economic Development Corporation or the City provides a
determination notice as set forth under subsection (a) above, the Company
must repay 100% of the grant proceeds (plus interest at the rate of 6% per
annum or the highest rate allowed by law, whichever is lower, with interest
accruing cumulatively on the total amount of grant proceeds disbursed
beginning on the expiration of 18 months after the date the Company
receives the first disbursement of grant proceeds under this Agreement) if it
fails to meet either of the Targets within the 18-month period set forth in
Section 4(a) of this Agreement.
(c) Repayment after Performance Date. If neither the Anna Economic
Development Corporation nor the City provides a determination notice and
the Company meets its Targets within the 1&month period set forth in
Section 4(a) of this Agreement, then the Company shall only be obligated
to repay grant proceeds (plus interest at the rate of 6% per annum or the
highest rate allowed by law, whichever is lower, with interest accruing
cumulatively on the total amount of grant proceeds disbursed beginning on
the first date of the Company's failure to meet its Obligation to Maintain) if it
fails to meet its Obligation to Maintain. If the Company fails to meet its
Obligation to Maintain, the amount to be repaid will be determined by the
date upon which the failure to meet the Obligation to Maintain first occurs,
according to the schedule set forth below and made a part of this
subsection.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 5 OF 12
First date of failure to meet
Percentage of total grant
Obligation to Maintain
proceeds to be repaid
Any time after the Performance Date, but before the
expiration of 3
years after the Performance Date
100% +interest
Any time between the expiration of 3 years after the
Performance
Date, but before the expiration of 5 years after the Start Date
75%
Any time between the expiration of 5 years after the
Start Date, but
before the expiration of 8 years after the Start Date
50%
Any time between the expiration of 8 years after the
Start Date, but
before the expiration of 9 years after the Start Date
25%
Any time between the expiration of 9 years after the
Start Date, but
before the expiration of 10 years after the Start Date
15%
Upon the expiration of 10 years after the Start Date and at all times
No repayment obligation
thereafter
(d) Repayment Dates. Any required repayments shall be due from the Company to
the Anna Economic Development Corporation within ten business days of the
Determination Date, or within ten business days of the date that the Anna
Economic Development Corporation or the City provides written notice to the
Company of its failure to meet the Obligation to Maintain or its obligations with
respect to the Performance Date.
(e) Remedies. In the event that the Company fails to timely repay the grant
proceeds or otherwise materially breaches this Agreement, the Company agrees
that the Anna Economic Development Corporation or the City has the option to
initiate legal action to collect all grant proceeds not yet repaid. If legal action is
initiated, Company agrees to pay all fees, cost and expenses incurred by the
Anna Economic Development Corporation or the City related to the collection of
the grant proceeds, including but not limited to attorney's fees and related
expenses. The remedies stated in this Agreement are cumulative of and do not
limit any other remedies that the Anna Economic Development Corporation or
the City may have at law or in equity.
Section 6. Company Reporting.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 6 OF 12
The Company shall provide, at the Company's expense, detailed verification reasonably
satisfactory to the Anna Economic Development Corporation of the Company's
progress on the Targets, including but not limited to proof of its Capital Investment in
machinery and equipment and amounts invested in the up -fit of the Facility(ies) as
required under this Agreement, and, as applicable, the Company's Obligation to
Maintain. Such progress reports will be provided annually, starting at twelve months
from the date that the Company receives the first disbursement of grant proceeds, but
may be required quarterly upon written request by the Anna Economic Development
Corporation or the City, and at such other times as the Anna Economic Development
Corporation or the City may require during the period of ten years from the Start Date.
Without limiting the scope or type of actions or inactions on the part of the Company
that may result in a material breach of this Agreement, the Company's failure to comply
with this Section will be considered a material breach of this Agreement.
Section 7. Notices.
(a) Any notices required or permitted under this Agreement shall be given in writing,
and shall be deemed to be received upon receipt or refusal after mailing of the
same via United States certified mail, postage fully pre -paid, return receipt
requested or by overnight courier (refusal shall mean return or certified mail not
accepted by the addressee):
If to the Company, to:
Empowered Training Centre, LLC
Attention: Mubina GMani, President
If to the Anna Economic Development Corporation, to:
Anna Economic Development
Corporation
and with a copy to:
Clark McCoy
Wolfe, Tidwell &McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 7 OF 12
(b) Either party may change its addresses for notice by providing written notice of
same to the other party and to the City via the manner set forth in subsection (a),
above.
Section 8. Miscellaneous.
(a) Entire Agreement; Amendments. This Agreement constitutes the entire
agreement between the parties hereto as to the subject matter contained herein
and may not be amended or modified, except in writing signed by each of the
parties. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns. Neither Party may
assign its rights and obligations under this Agreement without the prior written
consent of the other party which shall not be unreasonably withheld
(b) Governing Law; Venue. This Agreement is made, and is intended to be
performed, in the corporate limits of the City and shall be construed and enforced
by local and state laws within the State of Texas. Jurisdiction, forum and venue
for any litigation arising out of, relating in any way to, or involving this Agreement
shall lie exclusively in a court in Collin County, Texas or, as applicable, in the
federal district court that is the proper venue for claims arising out of Collin
County, Texas.
(c) Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, and all of which together shall be one and the
same instrument.
(d) Severability. If any provision of this Agreement is determined to be
unenforceable, then the remaining provisions of this Agreement shall, in the
discretion of the Anna Economic Development Corporation, be voidable or
interpreted as in effect as if such unenforceable provision were not included
herein.
(e) Indemnification and Limitation of Liability. It is expressly understood and agreed
that the Anna Economic Development Corporation has no right of control,
supervision, or direction over the Project or the Work nor does the Anna
Economic Development Corporation have any control, supervision or direction of
the means, methods, sequences, procedures, and techniques utilized to
undertake and complete the Work. There shall be no joint control of the Project
or the Work. THE COMPANY AGREES TO FULLY DEFEND, INDEMNIFY AND
HOLD HARMLESS THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AND 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
PROJECT OR THE WORK, PROVIDED, HOWEVER, THAT THE COMPANY
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 8 OF 12
SHALL NOT BE REQUIRED TO INDEMNIFY THE ANNA ECONOMIC
DEVELOPMENT CORPORATION OR THE CITY FOR ANY DAMAGES OR
OTHER AMOUNTS INCURRED BY THEM FOR WHICH THE SOLE
PROXIMATE CAUSE IS THE NEGLIGENCE, GROSS NEGLIGENCE OR
INTENTIONAL CONDUCT OF THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THE CITY, OR THEIR RESPECTIVE EMPLOYEES,
OFFICERS, REPRESENTATIVES OR AGENTS, THE COMPANY'S DUTY TO
INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO,
ATTORNEY FEES AND RELATED EXPENSES INCURRED BY THE ANNA
ECONOMIC DEVELOPMENT CORPORATION OR THE CITY IN DEFENDING
THEMSELVES OR IN ENFORCING THIS AGREEMENT. THIS PROVISION IS
NOT INTENDED TO AND DOES NOT WAIVE ANY OF THE ANNA ECONOMIC
DEVELOPMENT CORPORATION'S OR THE CITY'S GOVERNMENTAL
IMMUNITIES, INCLUDING IMMUNITY FROM SUIT AND LIABILITY, THIS
AGREEMENT IS NOT INTENDED TO BENEFIT ANY THIRD PARTIES, BY
ENTERING INTO THIS AGREEMENT, THE COMPANY WAIVES ANY AND ALL
RIGHTS AND REMEDIES IN LAW OR IN EQUITY EXCEPT TO SEEK
SPECIFIC ENFORCEMENT OF THE OBLIGATIONS UNDER THIS
AGREEMENT.
(f) Assignment or Sale. The Company may assign, sell, transfer or lease (including
through merger/acquisition transactions) all or any part of the Project, the
Company (via a sale of the Company's stock and/or assets, as applicable) or this
Agreement to another person or entity without any prior approval of the Anna
Economic Development Corporation. In the event that the Company assigns,
sells, transfers or leases all or any part of the Project or this Agreement to a
separate entity or person, the assignment must provide that the assignee shall
assume all of the obligations of the Company under this Agreement or the
portion(s) of those obligations, as applicable, that pertain to the part of the
Project or this Agreement that is assigned or sold. Notwithstanding the foregoing,
the Anna Economic Development Corporation shall have certain reimbursement
rights upon occurrence of a "Triggering Event" as described below. A "Triggering
Event" will be deemed to have occurred if any sale of the Company's assets,
stock or shares, or a merger or acquisition involving the Company results in or
causes:
(1) the dissolution or nonexistence of the Company;
(2) a merger of the Company into a separate company or an acquisition
wherein the Company becomes awholly-owned subsidiary of a separate
company or becomes subject to the control of a separate company; or
(3) a new Controlling Shareholder of the Company.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 9 OF 12
The Company or its successor must provide written notice to the Anna Economic
Development Corporation within ten days of the occurrence of the Triggering
Event, including the name of such separate company, successor company,
controlling company, owning company, or Controlling Shareholder, as the case
may be, any necessary change of address for notice under Section 7(b) this
Agreement, and the address of the principal place of business of such
company(ies) or Controlling Shareholder, or, if the Controlling Shareholder is an
individual, the residence address or business address of the Controlling
Shareholder. Upon the occurrence of a Triggering Event, the Anna Economic
Development Corporation shall have the right, at its option, to demand
repayment from the Company or the successor company of up to 100% of the
grant proceeds (plus interest at the rate of 6% per annum or the highest rate
allowed by law, whichever is lower, with interest accruing cumulatively on the
total amount of grant proceeds disbursed beginning on the date of the Triggering
Event) paid to the Company, in accordance with this paragraph. If such demand
is made, the amount to be repaid will be determined by the date upon which the
Triggering Event occurs, according to the schedule set forth in this Agreement in
subsection 5(c) as though the words "First date of failure to meet Obligation to
Maintain" were replaced with "Triggering Event." The Company or its successor
company shall have the obligation to make such payment no later than 30 days
after having received written notice of such demand. However, the Anna
Economic Development Corporation's right to make such demand shall be
automatically waived unless it sends written notice of said demand to the
Company or its successor within 30 days after the Anna Economic Development
Corporation's actual receipt of written notice from the Company or its successor
company of the Triggering Event. If the Anna Economic Development
Corporation timely exercises the right to demand repayment of the grant
proceeds and the Company or its successor timely makes said repayment, then
the Parties shall be released from their obligations and duties under this
Agreement, and the Agreement shall become null and void.
(g) Sales Tax. To the extent permitted under applicable law, it is agreed that if the
Company should at any time collect sales tax on the sale of any product, the
Company will designate the Facility(ies) in the City as their point of sale and
collect such sales tax at the Facility(ies), per the terms of this Agreement.
(h) Dissolution of Development Corporation. Should the Anna Economic
Development Corporation become dissolved at any time before the expiration of
ten years after the Start Date, this Agreement shall inure in all ways to the benefit
of the City, and the City shall be deemed to replace the Anna Economic
Development Corporation as the party who has contracted with the Company
under this Agreement.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 10 OF 12
(i) Undocumented Workers. In accordance with Chapter 2264 of the Texas
Government Code, the Company certifies that neither it, nor a branch, division, or
department of the Company, will ever knowingly employ an undocumented
worker and that if, after receiving any grant proceeds under this Agreement, the
Company, or a branch, division, or department of the Company, is convicted of a
violation under 8 U.S.C. §1324a(f), as amended or recodified, the Company shall
repay the total amount of all grant proceeds theretofore received under this
Agreement with interest at 10% per annum or the highest rate allowed by law,
whichever is lower, not later than the 120th day after the date the Anna
Economic Development Corporation or the City notifies the Company in writing of
the violation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
be effective on the date that is described in Section 3(c) of this Agreement.
Anna Economic Development Corporation
By:
Constance Ann Stump, its President
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2013,
personally appeared Constance Ann Stump known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same in her capacity as President of the Anna Economic Development
Corporation and on behalf of the Anna Economic Development Corporation.
Notary Public, State of Texas
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 11 OF 12
Empowered Training Centre, LLC
By:
Mubina Gillani, its Director and Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2013,
personally appeared Mubina Gillani known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that she executed the
same in her capacity as Director and Manager of Empowered Training Centre, LLC and on
behalf of Empowered Training Centre, LLC.
Notary Public, State of Texas
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 12 OF 12
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT BETWEEN THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AND EMPOWERED TRAINING CENTRE, LLC, FOR INCENTIVE GRANT FUNDS
CONDITIONED ON PERFORMANCE CRITERIA
WHEREAS, The City Council of the City of Anna supports the Anna Economic
Development Corporation's ("EDC") desire to offer Empowered Training Centre, LLC,
an economic development incentive grant conditioned on performance criteria, including
but not limited to the creation of new jobs within the City's corporate boundaries; and
WHEREAS, The City Council of the City of Anna approves the amount of the EDC
incentive grant and the terms of the performance criteria as described in Exhibit A, as
well as the economic development project described therein;
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 hereby authorizes the EDC to
enter into the Economic Development Incentive Grant for Capital Investment
Performance Agreement with Empowered Training Centre, LLC, Inc. for grant funds in
an amount up to $111,340 to be conditioned on performance criteria as described in
Exhibit A.
PASSED by the City Council of the City of Anna, Texas, on this day of December,
2013.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
n
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 101 2013 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 12-513
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City
Council may enter into closed session to discuss any items listed or referenced on this
agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072), land on CR 427.
c. discuss or deliberate personnel matters: City Secretary Annual
Review/Update; City Manager Annual Review. (Tex. Gov't Code
§551.074)o
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; education
technology business.
The council further° 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
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 10, 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Consider/Discuss/Action
agenda for December 10, 2013 Workshop Session
during this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Staff Contact: Philip Sanders
Date Prepared: 12-513
Exhibits: ❑Yes ❑ No
on any items listed on posted
or any Closed Session occurring
Council Meeting: December 10I 2013
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 12-5-13
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.