HomeMy WebLinkAbout2014-10-28 Workshop & Regular Meetingy{pUg} gOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
Octobe►• 28, 2014 6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
October 28, 2014 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. Brieflng/Discussion regarding Hackberry elevated tower and water line project.
(City Manager)
4. Briefing/Discussion regarding November and December City Council meeting
dates. (City Manager)
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code &551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right -of --way,
easements, and land for municipal facilities;
c. discuss ol• 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 tinder 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 hvo working days prior to the meeting so that appropriate arrangements can be made.
10-28-14 CC Workshop Meeting Agenda.doc
Posted 10-24-14
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 residential and retail
developments;
d. discuss or deliberate personnel matters: City Secretary Annual
Review and update, City Manager Annual Review; Boards and
Commissions. (Tex. Gov't Code, 551.074).
The co>rmcil 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.
6. Consider/Discuss/Action on any items listed on posted agenda for October 28
2014 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
7. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City all and on the City all
bulletin board at or before 5:00 p.m., October 24, 2014.
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-28-14 CC Workshop Meeting Agenda.doc 2 Posted 10-24-14
CITY COUNCIL MEETING
SIGN IN SHEET
DATE:
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Spealcer Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting,
ORDINANCE NO.674-2014
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF ANNA, TEXAS
COMBINATION TAX AND REVENUE REFUNDING BOND, TAXABLE SERIES 2014A,
PROVIDING FOR THE PAYMENT OF SAID BOND, AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
STATE OF TEXAS § .
COUNTY OF COLLIN §
CITY OF ANNA §
WHEREAS, there are presently outstanding the following obligations (the "Refunded
Obligations") of the City of Anna, Texas (the "Issuer"), which are secured by a pledge by the Issuer
to levy ad valorem taxes sufficient to pay principal of and interest on such obligations as they
become due within the limit prescribed by law, and a limited pledge of certain revenues of the
Issuer's waterworks and sewer system to further secure such obligations:
Combination Tax and Revenue Refunding Bond, Series 2009
SCHEDULED
PAYMENT AMOUNT
DATE OUTSTANDING($)
2/15/2015 425,000
2/15/2016
450,000
REFUNDED
AMOUNT($)
4253000
450,000
4705000
4905000
5005000
WHEREAS, the Issuer now desires to refund all of the Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding
bonds and to deposit the proceeds from the sale thereof, together with any other available funds or
resources, directly with a paying agent for the Refunded Obligations or a trust company or
commercial bank that does not act as a depository for the Issuer and is named in these proceedings,
and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the
making of firm banking and financial arrangements for the discharge and final payment of the
Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter
into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust
company or commercial bank with respect to the safekeeping, investment, reinvestment,
administration and disposition of any such deposit, upon such terms and conditions as the Issuer and
such paying agent or trust company or commercial bank may agree;
WHEREAS, the Escrow Agent (as hereinafter defined) is a commercial bank that does not
act as a depository for the Issuer;
WHEREAS, the City Council of the Issuer hereby finds and declares a public purpose and
deems it in the best interests of the Issuer to refund the Refunded Obligations in order to restructure
the Issuer's outstanding debt service, and hereby finds and determines that the maximum amount by
which the debt service requirements scheduled to come due on the Bond exceeds the gross debt
service requirements that would have come due on the Refunded Obligations, had the Refunded
Obligations remained outstanding through their respective maturities, is $543,148.56, representing
a present value increase in debt service of approximately $85,109.20; and
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to
maturity within 20 years of the date of the bond hereinafter authorized;
WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to the
Constitution and laws of the State of Texas, including Chapter 1207.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. AMOUNT AND PURPOSE OF THE BOND. The City Council of the Issuer
hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and
further finds and determines that said recitals are true and correct. The bond of the City of Anna,
Texas (the "Issuer") is hereby authorized to be issued and delivered in the aggregate principal
amount of $2,598,000 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS AND TO PAY THE COSTS OF ISSUANCE RELATED
THERETO,
Section 2. DESIGNATION, DATE, DENOMINATION, PAYMENT DATES AND
INTEREST RATE OF BOND. The Bond issued pursuant to this Ordinance shall be designated:
CITY OF ANNA, TEXAS COMBINATION TAX AND REVENUE REFUNDING BOND,
TAXABLE SERIES 2014A," and there shall be issued, sold, and delivered hereunder one fully
registered Bond, without interest coupons, dated November 1, 2014, in the principal amount stated
above, numbered R-I, with any Bond issued in replacement thereof being in the denomination and
principal amount of $2,598,000 or the remaining principal amount of the outstanding Bonds of this
series if an exchange of a Bond is made after a reduction in the principal amount of the series (the
"Authorized Denomination"), and numbered consecutively from R-2 upward, payable to the
registered owner thereof, or to the registered assignee of said Bond (in each case, the "Holder").
Principal on the Bond shall be payable in installments in the amounts and on the dates specified in
the FORM OF BOND set forth in this Ordinance. The Bond shall bear interest from the date of
delivery to the date of payment or prepayment prior to maturity, calculated on the basis of a 360-day
year of twelve 30-day months. Said interest shall be payable at such rates and in the manner
provided and on the dates stated in the FORM OF BOND set forth in this Ordinance.
Section 3, CHARACTERISTICS OF THE BOND.
(a) Registration, Transfer and Exchanize, Authentication. The Issuer shall keep or cause
to be kept at the a corporate trust office of Texas Star Bank in Van Alstyne, Texas (the "Paying
Agent/Registrar"), books or records for the registration ofthe transfer of the Bond (the "Registration
Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent
to keep such books or records and make such registrations of transfers under such reasonable
regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar
shall make such registrations and transfers as herein provided within three days of presentation in
due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books
the address of the Holder of the Bond to which payments with respect to the Bond shall be mailed,
as herein provided; but it shall be the duty of the Holder to notify the Paying Agent/Registrar in
writing of the address to which payments shall be mailed, and such interest payments shall not be
mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration
Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such registration and transfer
of a substitute Bond. Registration of assignments and transfers of the Bond shall be made in the
manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance.
Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond.
Except as provided in Section 3(c) hereof, an authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and
no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The
Paying Agent/Registrar promptly shall cancel a Bond surrendered for transfer or the Bond when paid
in full. No additional ordinances, orders or resolutions need be passed or adopted by the governing
body of the Issuer or any other body or person so as to accomplish the foregoing transfer of any
Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and
delivery of the substitute Bond in the manner prescribed herein. Pursuant to Subchapter D, Chapter
1201, Texas Government Code, the duty of transfer of the Bond as aforesaid is hereby imposed upon
the Paying Agent/Registrar, and, upon the execution of said Bond, said Bond shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Bond which
initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General of
the State of Texas (the "Attorney General"), and registered by the Comptroller of Public Accounts
of the State of Texas (the "Comptroller").
(b) Payment of Bond and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bond, all
as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond and shall
properly and accurately record all payments on the Bond on the Registration Books, and shall keep
proper records of all transfers of the Bond, and all replacements of the Bond, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and
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for thirty (30) days thereafter, anew record date for such interest payment (a "Special Record Date")
will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States mail, first-
class postage prepaid, to the address of the Holder appearing on the Registration Books at the close
of business on the last business day next preceding the date of mailing of such notice.
(c) In General. The Bond (i) shall be issued in frilly registered form, without interest
coupons, with the principal of and interest on such Bond to be payable only to the Holder thereof,
(ii) may be redeemed prior to maturity, (iii) may be transferred and assigned, (iv) shall have the
characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and
interest on the Bond shall be payable, and (vii) shall be administered and the Paying Agent/Registrar
and the Issuer shall have certain duties and responsibilities with respect to the Bond, all as provided,
and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this
Ordinance. The Bond initially issued and delivered pursuant to this Ordinance is not required to be,
and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued
in exchange for any Bond the Paying Agent/Registrar shall execute the PAYING
AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM
OF BOND.
(d) Substitute Pa, iy n�; Agent/Re isg tray. The Issuer covenants with the Holder of the Bond
that at all times while the Bond is outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution or other agency to act as and perform the services
of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying Agent/Registrar
will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 40 days written notice to the Paying Agent/Registrar, to be
effective not later than 30 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants
that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records
relating to the Bond, to the new Paying Agent/Registrar designated and appointed by the Issuer.
Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice
thereof to be sent by the new Paying Agent/Registrar to the Holder of the Bond, by United States
mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(e) On the closing date, the initial Bond No. R-1 representing the entire principal amount
of the Bond, payable to the Purchaser, executed by manual or facsimile signature of the Mayor or
Mayor Pro-Tem and City Secretary of the Issuer, approved by the Attorney General, and registered
and manually signed by the Comptroller, will be delivered to the Purchaser or its designee.
Section 4. FORM OF BOND. The form of the Bond, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of the
Comptroller's Registration Certificate to be attached to the Bond initially issued and delivered
pursuant to this Ordinance, shall be, respectively, substantially as provided in Exhibit A hereto, with
such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
Section 5. TAX LEVY; SURPLUS REVENUES.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be
used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and
collected for and on account of said Bond shall be deposited, as collected, to the credit of said
Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the
governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that
will be sufficient to raise and produce the money required to pay the interest on said Bond as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said
Bond as such principal matures (but never less than 2% of the original amount of said Bond as a
sinking fiend each year); and said tax shall be based on the latest approved tax rolls of said Issuer,
with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and
amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable
property in said Issuer, for each year while any of said Bond is outstanding and unpaid, and said tax
shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest
and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and
principal of said Bond, as such interest comes due and such principal matures, are hereby pledged
for such payment, within the limit prescribed by law.
(b) That said Bond is additionally secured by the revenues of the Issuer's waterworks and
sewer system that remain after payment of all expenses of operation and maintenance thereof, and
all debt service, reserve, and other requirements in connection with all of the Issuer's revenue bonds
or other obligations (now or hereafter outstanding), which are secured by a lien on all or any part
of the revenues of the Issuer's waterworks and sewer system, constituting "Surplus Revenues", such
Surplus Revenues pledged to the payment of the Bond not to exceed $1,000. The Issuer shall
deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to
Subsection (a) of this Section, to the extent necessary to pay the principal and interest on the Bond.
Notwithstanding the requirements of Subsection (a) of this Section, if Surplus Revenues or other
lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in
advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount
of taxes that otherwise would have been required to be levied pursuant to Subsection (a) of this
Section may be reduced to the extent and by the amount of the Surplus Revenues then on deposit
in the Interest and Sinking Fund.
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(c) Chapter 12085 Texas Government Code, applies to the issuance of the Bond and the
pledge of the taxes and revenues granted by the Issuer under this Section, and is therefore valid,
effective, and perfected. Should Texas law be amended at any time while the Bond is outstanding
and unpaid, the result of such amendment being that the pledge of the taxes and revenues granted
by the Issuer under this Section, is to be subject to the filing requirements of Chapter 9, Texas
Business & Commerce Code, in order to preserve to the registered owner of the Bond a security
interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and
necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business
& Commerce Code and enable a filing of a security interest in said pledge to occur.
Section 6. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions:
(a) The Issuer may from time to time, without the consent of the Holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure
any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the
interests of the Holder, (ii) grant additional rights or security for the benefit of the Holder, (iii) add
events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the Holder, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion ofnationally-recognized bond counsel materially adversely affect the interests ofthe Holder.
(b) Except as provided in paragraph (a) above, the Holder of the Bond shall have the
right from time to time to approve any amendment hereto that may be deemed necessary or desirable
by the Issuer; provided, however, that without the consent of the Holder of the Bond, nothing herein
contained shall permit or be construed to permit amendment of the terms and conditions of this
Ordinance or in the Bond so as to:
(1) Make any change in the final maturity or any other date fixed hereby for the
payment of an installment of principal of the Bond;
(2) Reduce the rate of interest borne by the Bond;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on the Bond;
(4) Modify the terms of payment of principal or of interest or redemption
premium the Bond or impose any condition with respect to such payment; or
(5) Change the requirement with respect to approval by the Holder of the Bond
necessary for consent to such amendment.
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(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to the Holder of the Bond a copy of the proposed amendment.
(d) Whenever at any time wn one year from the date of the mang of such notice the
Issuer shall receive an instrument or instruments executed by the Holder of the Bond, which
instrument or instruments shall refer to the proposed amendment and shall specifically consent to
and approve such amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the rights, duties, and obligations of the Issuer and the Holder of the
Bond shall thereafter be determined, exercised, and enforced, subject in all respects to such
amendment.
For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the
registration of the ownership of such bond on the Registration Books kept by the Paying
Agent/Registrar,
Section 7. DEFEASANCE OF BOND.
(a) The Bond or a portion of the principal amount thereof and the interest thereon shall
be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning
of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of
the principal of the Bond, plus interest thereon to the due date (whether such due date be by reason
of payment, final maturity or otherwise) either (1) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date
by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with
an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability of sufficient money to provide for such payment, and when proper arrangements
have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until
the Defeased Bond shall have become due and payable. At such time as the Bond or a portion
thereof shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond or portion thereof
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities, and
thereafter the Issuer will have no further responsibility with respect to amounts available to the
Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment
of such Defeased Bond, including any insufficiency therein caused by the failure of the Paying
Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when
due on the Defeasance Securities.
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(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
rection of the Issuer be invested in Defeasance Securities, maturing i din the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bond or portion thereof and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer,
or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which
the money and/or Defeasance Securities are held for the payment of the Defeased Bond may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in (i) or (ii) of paragraph (a) above. All income from such Defeasance Securities received by the
Paying Agent/Registrar that is not required for the payment of the Defeased Bond, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in
writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations
such as the Bond.
(d) Until the Defeased Bond shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond the
same as if it had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND.
(a) Replacement Bond. In the event the Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered a new on
of the same principal amount, final maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Bond in replacement for the Bond in the manner hereinafter provided.
(b) Application for Replacement Bond. Application for replacement of a damaged,
mutilated, lost, stolen, or destroyed Bond shall be made by the Holder thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of the Bond, the Holder applying for a
replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with
respect thereto. Also, in every case of loss, theft, or destruction of the Bond, the Holder shall furnish
to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or
destruction of such Bond. In every case of damage or mutilation of the Bond, the Holder shall
surrender to the Paying Agent/Registrar for cancellation the Bond.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have finally matured, and no default has occurred that is then
continuing in the payment of the principal of or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond)
instead of issuing a replacement Bond, provided security or indemnity is furnished as above
provided in this Section.
(d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement
bond, the Paying Agent/Registrar shall charge the Holder of the Bond with all legal, printing, and
other expenses in connection therewith. Every replacement bond issued pursuant to the provisions
of this Section by virtue of the fact that the Bond is lost, stolen, or destroyed shall constitute a
contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance
equally and proportionately with any and all other Bonds duly issued under this Ordinance.
(e) Authority for Issuing Replacement Bond. In accordance with Chapter 1201,
Subchapter D, Texas Government Code, this Section of this Ordinance shall constitute authority for
the issuance of any such replacement bond without necessity of further action by the governing body
of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
authenticate and deliver such Bond in the form and manner and with the effect, as provided in
Section 3(a) of this Ordinance for a Bond issued in exchange for another Bond.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND
COUNSEL'S OPINION AND ENGAGEMENT OF BOND COUNSEL; APPROVAL OF
ATTORNEY GENERAL REVIEW FEE. (a) The Mayor is hereby authorized to have control of the
Bond initially issued and delivered hereunder and all necessary records and proceedings pertaining
to the Bond pending its delivery and its investigation, examination, and approval by the Attorney
General and registration by the Comptroller. Upon registration of the Bond the Comptroller (or a
deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate attached to the Bond, and the seal of said Comptroller shall be impressed,
or placed in facsimile, on such Certificate. If bond insurance is obtained, the Bond may bear an
appropriate legend as provided by the insurer.
(b) The obligation of the Purchaser to accept delivery of the Bond is subject to the
Purchaser being furnished with the final, approving opinion of McCall, Parkhurst &Horton L.L.P.,
"Bond Counsel" to the Issuer, which opinion shall be dated as of and delivered on the date of initial
delivery of the Bond to the Purchaser. The engagement of such firm as Bond Counsel to the Issuer
in connection with issuance, sale and delivery of the Bond is hereby approved and confirmed. The
execution and delivery of an engagement letter between the Issuer and such firm, with respect to
such services as Bond Counsel, is hereby authorized in such form as may be approved by the Mayor
of the Issuer (or the Mayor Pro4em in the absence of the Mayor), and the Mayor of the Issuer (or
the Mayor Pro4em in the absence of the Mayor) is hereby authorized to execute such engagement
letter.
(c) In accordance with the provisions of Section 1202.004, Texas Government Code, in
connection with the submission of the Bond to the Attorney General for review and approval, a
statutory fee (an amount equal to 0.1 % principal amount of the Bond, subject to a minimum of $750
and a maximum of .0,500) is required to be paid to the Attorney General upon the submission of
the transcript of proceedings for the Bond. The Issuer hereby authorizes and directs that a check in
the amount of the Attorney General filing fee for the Bond, made payable to the "Texas Attorney
General," be promptly furnished to the Issuer's Bond Counsel, for payment to the Attorney General
in connection with his review of the Bond.
Section 10. SALE OF BOND. The Bond is hereby sold and shall be delivered to Texas Star
Bank (the "Purchaser") for cash for the par value thereof, pursuant to the Purchase Letter dated the
date of the adoption of this Ordinance. The Bond shall initially be registered in the name of the
Purchaser. In satisfaction of Section 1201.022(a)(3)(B), Texas Government Code, and upon
consultation with the Issuer's Financial Advisor, it is hereby officially found, determined, and
declared that the terms of the Bond as set forth herein are in the Issuer's best interests.
Section 11. REDEMPTION OF REFUNDED OBLIGATIONS; ESCROW AGREEMENT.
(a) The Issuer hereby directs that the Refunded Obligations be called for redemption on February
15, 2018. The redemption price shall be the par amount of the Refunded Obligations so redeemed
plus interest accrued and unpaid to the date fixed for redemption. The paying agent for the
Refunded Obligations is hereby directed to make appropriate arrangements so that the Refunded
Obligations may be redeemed on such redemption date, including giving the appropriate notices of
redemption as are required by the ordinance authorizing the Refunded Obligations.
(b) The Mayor (or in the Mayor's absence, the Mayor Pro-Tem) of the Issuer is further
authorized to enter into and execute on behalf of the Issuer with Regions Bank (the "Escrow
Agent"), an escrow agreement in the form and substance as presented at this meeting, which escrow
agreement agreement will provide for the payment in full of the Refunded Obligations (the "Escrow
Agreement"),
Section 12. FURTHER PROCEDURES. The Mayor of the Issuer (or the Mayor Pro-tem
in the absence of the Mayor) and City Secretary of the Issuer and all other officers, employees and
agents of the Issuer, and each of them, shall be and are hereby expressly authorized, empowered and
directed from time to time and at any time to do and perform all such acts and things and to execute,
acknowledge and deliver in the name and under the corporate seal, if required, and on behalf of the
Issuer the Paying Agent/Registrar Agreement with the Paying Agent/Registrar, the Escrow
Agreement with the Escrow Agent, the Purchase Letter, a Private Placement Agent Agreement with
Frost Bank, and all other instruments, whether herein mentioned, as may be necessary or desirable
in order to carry out the terms and provisions of this Ordinance, the Bond and the sale of the Bond.
In case any officer whose signature shall appear on any Bond shall cease to be such officer before
the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes
the same as if such officer had remained in office until such delivery.
Section 13. NO RULE 15c2-12 UNDERTAKING. The Issuer has not made an undertaking
in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The
Issuer is not, therefore, obligated pursuant to the Rule to provide any on -going disclosure relating
to the Issuer or the Bond. Notwithstanding the foregoing, the Issuer agrees to provide to the
Purchaser a copy of the Issuer's annual audited financial statement within 6 months after the end of
each fiscal year of the Issuer, or within 30 days after completion if the Issuer's annual audited
financial statement has not been completed within 12 months of the end of such fiscal year and is
completed at a later date.
Section 14. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas (the "State") and the United States of America.
Section 15. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that
this Ordinance would have been enacted without such invalid provision.
Section 16. APPROPRIATION. To pay the debt service coming due on the Bond prior to
receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current
funds on hand, which are hereby certified to be on hand and available for such purpose, an amount,
which together with capitalized interest received from the sale of the Bond, if any, will be sufficient
to pay such debt service, and such amount shall be used for no other purpose.
11
Exhibit A
FORM OF BOND
NO. R-1 UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF ANNA, TEXAS
COMBINATION TAX AND REVENUE REFUNDING
BOND, TAXABLE SERIES 2014A
DATE OF DELIVERY: NOVEMBER 25, 2014
REGISTERED OWNER: TEXAS STAR BANK
PRINCIPAL
AMOUNT
$2,5985000
PRINCIPAL AMOUNT: TWO MILLION FIVE HUNDRED NINETY EIGHT THOUSAND DOLLARS
The City ofAnna, in Collin County, Texas (the "Issuer"), being a political subdivision of the
State of Texas, for value received, promises to pay, from the sources described herein, to the
registered owner specified above, or registered assigns (in each case, the "Holder"), the principal
amount specified above, and to pay interest thereon, from the date of delivery set forth above, on
the balance of said principal amount from time to time remaining unpaid. This Bond shall finally
mature on February 15, 2026, but shall be payable in installments on the dates and in the principal
installment amounts, and shall bear interest at the rates per annum, calculated on the basis of basis
of a 360-day year of twelve 30-day months, as set forth in the following schedule:
Principal
Payment Date Installment
February 15, 2015 $ 525000
February 15, 2016 525000
February 15, 2017 655000
February 15, 2018 52,000
February 15, 2019 270,000
February 15, 2020 2753000
February 15, 2021 2823000
February 15, 2022 2905000
February 15, 2023 299,000
February 15, 2024 30%000
February 15, 2025 3205000
February 15, 2026 3325000
Interest
Rate
0.450%
0.950
1.350
1.650
2.000
2.350
2.650
2.950
3.150
3.350
3.500
3.600
The principal of and interest on this Bond are payable in lawful money of the United States
of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on
February 15, 2015 and on each August 15 and February 15 thereafter to the date of the final maturity
hereof. The last principal installment of this Bond shall be paid to the Holder hereof upon
A-1
presentation and surrender of this Bond at final maturity at the corporate trust office of Texas Star
Bank in Van Alstyne, Texas, which is the " Paying Agent/Registrar" for this Bond. The payment
A all other principal installments of and interest on this Bond shall be made by the Paying
Agent/Registrar to the Holder hereof on each principal and interest payment date by check or draft,
dated as of such principal and interest payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, fiends of the Issuer required by the Bond Ordinance (as defined below) to be
on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check
or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage
prepaid, on each such interest payment date, to the Holder hereof, at its address as it appeared at the
close of business on the last business day of the month next preceding each such date (the "Record
Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In
addition, principal and interest may be paid by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the Holder.
Any accrued interest due in connection with the payment of the final installment of principal
of this Bond shall be paid to the Holder upon presentation and surrender of this Bond for payment
at the designated corporate trust office of the Paying Agent/Registrar. The Issuer covenants with
the Holder of this Bond that on or before each principal payment date, interest payment date, and
accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar,
from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to
provide for the payment, in immediately available funds, of all principal of and interest on the Bond,
when due.
Ifthe date for the payment ofthis Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the designated corporate trust office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or
Jay on which banking institutions are authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment was due.
This Bond is authorized and issued pursuant to and in compliance with Chapter 1207, Texas
Government Code, as amended, and pursuant to the ordinance adopted by the Issuer authorizing the
issuance hereof (the "Bond Ordinance"), in the original aggregate principal amount of $2,598,000,
dated as of November 1, 2014 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS (AS DEFINED IN THE BOND ORDINANCE) AND TO PAY THE
COSTS OF ISSUANCE RELATED THERETO.
The principal installments ofthis Bond are not subject to redemption prior to their scheduled
payment dates.
This Bond is issuable solely as a single fully -registered Bond, without interest coupons in
the denomination of $2,598,000 or the remaining principal amount of the outstanding Bonds of this
series if an exchange of a Bond is made after a reduction in the principal amount of the series (the
"Authorized Denomination"). As provided in the Bond Ordinance, this Bond may, at the request
A-2
of the Holder or the assignee or assignees hereof, be assigned and transferred in whole but not in part
For a like aggregate principal amount Bond, without interest coupons, payable to the appropriate
Holder, assignee or assignees, as the case may be, in the Authorized Denomination, upon surrender
of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Bond Ordinance. Among other requirements for such assignment and
transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with
the proper instruments of assignment, in form and with guarantee of signatures satisfactory to the
Paying Agent/Registrar, evidencing assignment of this Bond to the assignee this Bond is to be
registered. The form of Assignment printed or endorsed on this Bond may be executed by the
Holder to evidence the assignment hereof, but such method is not exclusive, and other instruments
of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment
of this Bond from time to time by the Holder. In the case of the assignment and transfer of this
Bond, the reasonable standard or customary fees and charges of the Paying Agent/Registrar will be
paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with
respect thereto shall be paid by the one requesting such assignment and transfer, as a condition
precedent to the exercise of such privilege. The Issuer and the Paying Agent/Registrar may deem
and treat the person in whose name this Bond is registered as the absolute owner hereof for the
purpose of receiving payment of, or on account of, the principal hereof and interest due hereon and
for all other purposes. The Paying Agent/Registrar shall not be required to make any such transfer
during the period commencing with the close of business on any Record Date and ending with the
opening of business on the next following principal or interest payment date.
In the event any Paying Agent/Regish•ar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and cause written notice thereof
to be mailed to the Holder of the Bond.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond
have been performed, existed and been done in accordance with law; and that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such
interest comes due and such principal matures, have been levied and ordered to be levied against all
taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed
by law, and that this Bond is additionally secured by and payable from a limited pledge of the
revenues of the Issuer's waterworks and sewer system remaining after payment of all debt service,
reserve and other requirements in connection with all of the Issuer's revenue obligations (now or
hereafter outstanding) that are payable from all or part of said revenues, all as provided in the Bond
Ordinance,
The Issuer has reserved the right to amend the Bond Ordinance as provided therein, and
under some (but not all) circumstances amendments thereto must be approved by the Holder of this
Bond.
A-3
By becoming the Holder of this Bond, the Holder thereby acknowledges all of the terms and
provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges
that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond
and the Bond Ordinance constitute a contract between each Holder hereof and the Issuer.
A-4
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or the Mayor Pro-tem in the absence of the Mayor),
countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has
caused the official seal of the Issuer to be duly impressed or placed in facsimile on, this Bond.
(signature) (signature)
Natha Wilkison, City Secretary Mike Crist, Mayor
(SEAL)
[Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an
executed Comptroller's Registration Certificate)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in exchange for a
bond of a series which originally was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas.
Dated:
Texas Star Banlc
Van Alstyne, Texas
Paying Agent/Registrar
A-5
Authorized Representative
[Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address,
including zip code of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register
the transfer of the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signatw•e(s) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
A-6
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration
or enlargement or any change whatsoever.
[Form of Comptroller's Registration Certificate]
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
(COMPTROLLER'S SEAL)
Comptroller of Public Accounts of the State of Texas
A-7
ORDINANCE N%J* U / D-2414
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF ANNA, TEXAS GENERAL
OBLIGATION REFUNDING BOND, SERIES 2014B, LEVYING AN ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF SAID BOND, AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ANNA §
WHEREAS, there are presently outstanding the following obligations (the "Refunded
Obligations") of the City of Anna, Texas (the "Issuer"), which are secured by a pledge by the Issuer
to levy ad valorem taxes sufficient to pay principal of and interest on such obligations as they
become due, within the limit prescribed by law, and certain of which are additionally secured by a
pledge of limited surplus revenues of the Issuer's waterworks and sewer system:
Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2006
Maturit,
February 15, 2022
February 15, 2024
February 15, 2026
Principal Amount
Outstanding
$300,000
Principal Amount
Refunded
$3003000
3309000 330,000
360,000 360,000
Public Property Finance Act Contractual Obligations, Series 20011
Maturitv Date
February 15,
y 2015
Februar15, 2016
February 15, 2017
February 15, 2018
February 15, 2019
February 15, 2020
February 15, 2021
February 15, 2022
February 15, 2023
February 15, 2024
February 15, 2025
February 15, 2026
Principal Amount
Outstanding
14
$ 8,000
9,000
9,000
10,000
33,000
34,000
36,000
38,000
39,000
41,000
43,000
44,000
1
iipal
PrncAmount
Refunded
$ 8,000
9,000
9,000
10,000
33,000
34,000
36,000
38,000
39,000
41,000
43,000
44,000
WHEREAS, the Issuer now desires to refund all of the Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding
bonds and to deposit the proceeds from the sale thereof, together with any other available funds or
resources, directly with a paying agent for the Refunded Obligations or a trust company or
commercial bank that does not act as a depository for the Issuer and is named in these proceedings,
and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the
making of firm banking and financial arrangements for the discharge and final payment of the
Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter
into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust
company or commercial bank with respect to the safekeeping, investment, reinvestment,
administration and disposition of any such deposit, upon such terms and conditions as the Issuer and
such paying agent or trust company or commercial bank may agree;
WHEREAS, the Escrow Agent (as hereinafter defined) is a commercial bank that does not
act as a depository for the Issuer;
WHEREAS, the City Council of the Issuer hereby finds and declares a public purpose and
deems it in the best interests of the Issuer to refund the Refunded Obligations in order to achieve a
debt service savings and to restructure the Issuer's outstanding debt service, and that such refunding
will result in a present value debt service savings of approximately $172,106.85 and an actual debt
service savings of $203,572.70 to the Issuer; and
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to
maturity within 20 years of the date of the on hereinafter authorized;
WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to the
Constitution and laws of the State of Texas, including Chapter 1207.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. AMOUNT AND PURPOSE OF THE BOND. The City Council of the Issuer
hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and
further finds and determines that said recitals are true and correct. The bond of the City of Anna,
Texas (the "Issuer") is hereby authorized to be issued and delivered in the aggregate principal
amount of $1,462,000 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS AND TO PAY THE COSTS OF ISSUANCE RELATED
THERETO,
Section 2. DESIGNATION, DATE, DENOMINATION, PAYMENT DATES AND
INTEREST RATE OF BOND. The Bond issued pursuant to this Ordinance shall be designated:
2
CITY OF ANNA, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2014B, and
there shall be issued, sold, and delivered hereunder one fully registered Bond, without interest
coupons, dated November 1, 2014, in the principal amount stated above, numbered R-I, with any
Bond issued in replacement thereof being in the denomination and principal amount of $1,462,OOOor
the remaining principal amount of the outstanding Bonds of this series if an exchange of a Bond is
made after a reduction in the principal amount of the series (the "Authorized Denomination"), and
numbered consecutively from R-2 upward, payable to the registered owner thereof, or to the
registered assignee of said Bond (in each case, the "Holder"). Principal on the Bond shall be payable
in installments in the amounts and on the dates specified in the FORM OF BOND set forth in this
Ordinance. The Bond shall bear interest from the date of delivery to the date of payment or
prepayment prior to maturity, calculated on the basis of a 360-day year of twelve 30-day months.
Said interest shall be payable at such rates and in the manner provided and on the dates stated in the
FORM OF BOND set forth in this Ordinance.
Section 3. CHARACTERISTICS OF THE BOND.
(a) Registration, Transfer and Exchange; Authentication. The Issuer shall keep or cause
to be kept at the a corporate trust office of Texas Star Bank in Van Alstyne, Texas (the "Paying
Agent/Registrar"), books or records for the registration of the transfer of the Bond (the "Registration
Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent
to keep such books or records and make such registrations of transfers under such reasonable
regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar
shall make such registrations and transfers as herein provided within three days of presentation in
due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books
the address of the Holder of the Bond to which payments with respect to the Bond shall be mailed,
as herein provided; but it shall be the duty of the Holder to notify the Paying Agent/Registrar in
writing of the address to which payments shall be mailed, and such interest payments shall not be
mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration
Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such registration and transfer
A a substitute Bond. Registration of assignments and transfers of the Bond shall be made in the
manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance.
Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond.
Except as provided in Section 3(c) hereof, an authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and
no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The
Paying Agent/Registrar promptly shall cancel a Bond surrendered for transfer or the Bond when paid
in full. No additional ordinances, orders or resolutions need be passed or adopted by the governing
body of the Issuer or any other body or person so as to accomplish the foregoing transfer of any
Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and
3
delivery of the substitute Bond in the manner prescribed herein. Pursuant to Subchapter D, Chapter
1201, Texas Government Code, the duty of transfer of the Bond as aforesaid is hereby imposed upon
the Paying Agent/Registrar, and, upon the execution of said Bond, said Bond shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Bond which
initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General of
the State of Texas (the "Attorney General"), and registered by the Comptroller of Public Accounts
of the State of Texas (the "Comptroller").
(b) Payment of Bond and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bond, all
as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond and shall
properly and accurately record all payments on the Bond on the Registration Books, and shall keep
proper records of all transfers of the Bond, and all replacements of the Bond, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and
for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date")
will be established by the Paying Agent/Registrar, if and when fiends for the payment of such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States mail, first-
class postage prepaid, to the address of the Holder appearing on the Registration Books at the close
of business on the last business day next preceding the date of mailing of such notice.
(c) In General. The Bond (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bond to be payable only to the Holder thereof,
(ii) may be redeemed prior to maturity, (iii) may be transferred and assigned, (iv) shall have the
characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and
interest on the Bond shall be payable, and (vii) shall be administered and the Paying Agent/Registrar
and the Issuer shall have certain duties and responsibilities with respect to the Bond, all as provided,
and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this
Ordinance. The Bond initially issued and delivered pursuant to this Ordinance is not required to be,
and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued
in exchange for any Bond the Paying Agent/Registrar shall execute the PAYING
AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM
OF BOND.
(d) Substitute PA eng t/Re ig stray. The Issuer covenants with the Holder ofthe Bond
that at all times while the Bond is outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution or other agency to act as and perform the services
of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying Agent/Registrar
will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 40 days written notice to the Paying Agent/Registrar, to be
effective not later than 30 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
0
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants
that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records
relating to the Bond, to the new Paying Agent/Registrar designated and appointed by the Issuer.
Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice
thereof to be sent by the new Paying Agent/Registrar to the Holder of the Bond, by United States
mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(e) On the closing date, the initial Bond No. R-1 representing the entire principal amount
of the Bond, payable to the Purchaser, executed by manual or facsimile signature of the Mayor or
Mayor Pro-Tem and City Secretary of the Issuer, approved by the Attorney General, and registered
and manually signed by the Comptroller, will be delivered to the Purchaser or its designee.
Section 4. FORM OF BOND. The form of the Bond, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of the
Comptroller's Registration Certificate to be attached to the Bond initially issued and delivered
pursuant to this Ordinance, shall be, respectively, substantially as provided in Exhibit A hereto, with
such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
Section 5. TAX LEVY.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be
used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and
collected for and on account of said Bond shall be deposited, as collected, to the credit of said
Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the
governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that
will be sufficient to raise and produce the money required to pay the interest on said Bond as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said
Bond as such principal matures (but never less than 2% of the original amount of said Bond as a
sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer,
with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and
amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable
property in said Issuer, for each year while any of said Bond is outstanding and unpaid, and said tax
shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest
and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and
principal of said Bond, as such interest comes due and such principal matures, are hereby pledged
for such payment, within the limit prescribed by law.
5
(b) Notwithstanding the requirements of subsection (a) of this Section, if Surplus Revenues
or other lawfully available moneys of the Issuer are actually on deposit or budgeted and appropriated
to be deposited in the Interest and Sinking Fund in advance of the time when ad valorem taxes are
scheduled to be levied for any year, then the amount of taxes that otherwise would have been
required to be levied pursuant to this Section may be reduced to the extent and by the amount of the
Surplus Revenues or other lawfully available fiends then on deposit or budgeted and appropriated
to be deposited in the Interest and Sinking Fund. For purposes of this Section, "Surplus Revenues"
means revenues derived by the Issuer from the ownership and operation of the Issuer's waterworks
and sewer system (the "System") that remain after the payment of all maintenance and operation
expenses thereof, and all debt service, reserve and other requirements in connection with all of the
Issuer's revenue obligations (now or hereafter outstanding) or contractual obligations (now or
hereafter existing) which are payable from all or any part of the net revenues of the System. If
Surplus Revenues are budgeted and appropriated for deposit into the Interest and Sinking Fund, the
Issuer:
(i) shall transfer and deposit in the Interest and Sinking Fund each month an
amount of not less than 1/12th of the annual debt service on the Bond to be paid from
Surplus Revenues until the amount on deposit in the Interest and Sinking Fund equals the
amount required for annual debt service on the Bond;
(ii) shall establish, adopt and maintain an annual budget that provides for either the
monthly deposit of sufficient Surplus Revenues and/or tax revenues, the monthly deposit of
any other legally available finds on hand at the time of the adoption of the annual budget,
or a combination thereof, into the Interest and Sinking Fund for the repayment of the Bond;
and
(iii) shall at all times maintain and collect sufficient System rates and charges in
conjunction with any other legally available funds that, after payment of the costs of
operating and maintaining the System, produce revenues in an amount not less than the debt
service requirements of all outstanding revenue bonds of the Issuer and other obligations of
the Issuer which are secured in whole or in part by a pledge of revenues of the System and
for which the Issuer is budgeting the repayment of such obligations from the revenues of the
System, or the Issuer shall provide documentation which evidences the levy of an ad valorem
tax rate dedicated to the Interest and Sinking Fund, in conjunction with any other legally
available funds except System rates and charges, sufficient for the repayment of System debt
service requirements.
(c) Chapter 1208, Texas Government Code, applies to the issuance of the Bond and the
pledge of the taxes and revenues granted by the Issuer under this Section, and is therefore valid,
effective, and perfected. Should Texas law be amended at any time while the Bond is outstanding
and unpaid, the result of such amendment being that the pledge of the taxes and revenues granted
by the Issuer under this Section, is to be subject to the filing requirements of Chapter 9, Texas
Business & Commerce Code, in order to preserve to the registered owner of the Bond a security
interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and
C•�
necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business
& Commerce Code and enable a filing of a security interest in said pledge to occur.
Section 6. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions:
(a) The Issuer may from time to time, without the consent of the Holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure
any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the
interests of the Holder, (ii) grant additional rights or security for the benefit of the Holder, (iii) add
events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the Holder, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion of nationally -recognized bond counsel materially adversely affect the interests ofthe Holder.
(b) Except as provided in paragraph (a) above, the Holder of the Bond shall have the
right from time to time to approve any amendment hereto that may be deemed necessary or desirable
by the Issuer; provided, however, that without the consent of the Holder of the Bond, nothing herein
contained shall permit or be construed to permit amendment of the terms and conditions of this
Ordinance or in the Bond so as to:
(1) Make any change in the final maturity or any other date fixed hereby for the
payment of an installment of principal of the Bond;
(2) Reduce the rate of interest borne by the Bond;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on the Bond;
(4) Modify the terms of payment of principal or of interest or redemption
premium the Bond or impose any condition with respect to such payment; or
(5) Change the requirement with respect to approval by the Holder of the Bond
necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to the Holder of the Bond a copy of the proposed amendment.
(d) Whenever at any time within one year fi•orn the date of the mailing of such notice the
Issuer shall receive an instrument or instruments executed by the Holder of the Bond, which
instrument or instruments shall refer to the proposed amendment and shall specifically consent to
and approve such amendment, the Issuer may adopt the amendment in substantially the same form.
7
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the rights, duties, and obligations of the Issuer and the Holder of the
Bond shall thereafter be determined, exercised, and enforced, subject in all respects to such
amendment.
For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the
registration of the ownership of such bond on the Registration Books kept by the Paying
Agent/Registrar.
Section 7. DEFEASANCE OF BOND.
(a) The Bond or• a portion of the principal amount thereof and the interest thereon shall
be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning
of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of
the principal of the Bond, plus interest thereon to the due date (whether such due date be by reason
of payment, final maturity or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date
by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with
an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money ofthe United States ofAmerica sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability of sufficient money to provide for such payment, and when proper arrangements
have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until
the Defeased Bond shall have become due and payable. At such time as the Bond or a portion
thereof shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond or portion thereof
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities, and
thereafter the Issuer will have no further responsibility with respect to amounts available to the
Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment
A such Defeased Bond, including any insufficiency therein caused by the failure of the Paying
Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when
due on the Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bond or portion thereof and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer,
or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which
the money and/or Defeasance Securities are held for the payment of the Defeased Bond may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in (i) or (ii) of paragraph (a) above. All income from such Defeasance Securities received by the
Paying Agent/Registrar that is not required for the payment of the Defeased Bond, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in
writing by the Issuer.
(c) The term "Defeasance Securities" means any secures and obligations now or
hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations
such as the Bond.
(d) Until the Defeased Bond shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond the
same as if it had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND.
(a) Replacement Bond. In the event the Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered a new bond
of the same principal amount, final maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Bond in replacement for the Bond in the manner hereinafter provided.
(b) Application for Replacement Bond. Application for replacement of a damaged,
mutilated, lost, stolen, or destroyed Bond shall be made by the Holder thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of the Bond, the Holder applying for a
replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with
respect thereto. Also, in every case of loss, theft, or destruction of the Bond, the Holder shall furnish
to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or
destruction of such Bond. In every case of damage or mutilation of the Bond, the Holder shall
surrender to the Paying Agent/Registrar for cancellation the Bond.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have finally matured, and no default has occurred that is then
continuing in the payment of the principal of or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond)
instead of issuing a replacement Bond, provided security or indemnity is furnished as above
provided in this Section.
(d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement
bond, the Paying Agent/Registrar shall charge the Holder of the Bond with all legal, printing, and
other expenses in connection therewith. Every replacement bond issued pursuant to the provisions
of this Section by virtue of the fact that the Bond is lost, stolen, or destroyed shall constitute a
contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found
i;
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance
equally and proportionately with any and all other Bonds duly issued under this Ordinance.
(e) Authority for Issuing Replacement Bond. In accordance with Chapter 1201,
Subchapter D, Texas Government Code, this Section of this Ordinance shall constitute authority for
the issuance of any such replacement bond without necessity of further action by the governing body
of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
authenticate and deliver such Bond in the form and manner and with the effect, as provided in
Section 3(a) of this Ordinance for a Bond issued in exchange for another Bond.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND
COUNSEL'S OPINION AND ENGAGEMENT OF BOND COUNSEL; APPROVAL OF
ATTORNEY GENERAL REVIEW FEE. (a) The Mayor is hereby authorized to have control of the
Bond initially issued and delivered hereunder and all necessary records and proceedings pertaining
to the Bond pending its delivery and its investigation, examination, and approval by the Attorney
General and registration by the Comptroller. Upon registration of the Bond the Comptroller (or a
deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate attached to the Bond, and the seal of said Comptroller shall be impressed,
or placed in facsimile, on such Certificate. If bond insurance is obtained, the Bond may bear an
appropriate legend as provided by the insurer.
(b) The obligation of the Purchaser to accept delivery of the Bond is subject to the
Purchaser being furnished with the final, approving opinion of McCall, Parlchurst &Horton L.L.P.,
"Bond Counsel" to the Issuer, which opinion shall be dated as of and delivered on the date of initial
delivery of the Bond to the Purchaser. The engagement of such firm as Bond Counsel to the Issuer
in connection with issuance, sale and delivery of the Bond is hereby approved and confirmed. The
execution and delivery of an engagement letter between the Issuer and such firm, with respect to
such services as Bond Counsel, is hereby authorized in such form as may be approved by the Mayor
of the Issuer (or the Mayor ProAem in the absence of the Mayor), and the Mayor of the Issuer (or
the Mayor ProAem in the absence of the Mayor) is hereby authorized to execute such engagement
letter.
(c) In accordance with the provisions of Section 1202.004, Tex. Gov't Code Ann., in
connection with the submission of the Bond by the Attorney General for review and approval, a
statutory fee (an amount equal to 0.1 % principal amount of the Bond, subject to a minimum of $750
and a maximum of $9,500) is required to be paid to the Attorney General upon the submission of
the transcript of proceedings for the Bond. The Issuer hereby authorizes and directs that a check in
the amount of the Attorney General filing fee for the Bond, made payable to the "Texas Attorney
General," be promptly furnished to the Issuer's Bond Counsel, for payment to the Attorney General
in connection with his review of the Bond.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BOND. The Issuer covenants to take any action necessary to assure, or refrain from any action that
DO
would adversely affect, the treatment of the Bond as an obligation described in section 103 of the
Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable
in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof,
the Issuer covenants as follows.
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Bond or the projects refinanced therewith (less amounts deposited to a reserve fund, if
any) are used for any "private business use," as defined in section 141(b)(6) of the Code or,
if more than 10 percent of the proceeds or the projects financed therewith are so used, such
amounts, whether received by the Issuer, with respect to such private business use, do not,
under the terms of this Ordinance or any underlying arrangement, directly or indirectly,
secure or provide for the payment of more than 10 percent of the debt service on the Bond,
in contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bond or the
projects refinanced therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) ofthe Code, to the governmental
use;
(c) to take any action to assure that no amount that is greater than the lesser of
$5,000,000 or 5 percent of the proceeds of the Bond (less amounts deposited into a reserve
fund, of any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action that would otherwise result in the Bond
being treated as a "private activity bond" within the meaning of section 141(b) of the Code;
(e) to refrain from taking any action that would result in the Bond being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Bond, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Bond, other than investment property acquired with —
(1) proceeds of the Bond invested for a reasonable temporary period or,
in the case of current refunding bonds, for a period of 90 days or less and in the case
of advance refunding bonds, for a period of 30 days or less, until such proceeds are
needed for the purpose for which the bonds are issued,
11
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the rules and regulations of the United States Department of
the Treasury ("Treasury Regulations"), and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bond;
(g) to otherwise resh•ict the use of the proceeds of the Bond or amounts treated
as proceeds of the Bond, as may be necessary, so that the Bond does not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the
extent applicable, section 149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bond) an amount that is at least equal to 90
percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to
pay to the United States of America, not later than 60 days after the Bond has been paid in
full, 100 percent of the amount then required to be paid as a result of Excess Earnings under
section 148(f) of the Code.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby
established by the Issuer for the sole benefit of the United States of America, and such fund shall
not be subject to the claim of any other person, including without limitation the Holder. The Rebate
Fund is established for the additional purpose of compliance with section 148 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposition proceeds" as defined in the Treasury Regulations and, in Lite case of refunding
bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
of issuance of the Bond. It is the understanding of the Issuer that the covenants contained herein are
intended to assure compliance with the Code and any Treasury Regulations or rulings promulgated
pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or
expand provisions of the Code, as applicable to the Bond, the Issuer will not be required to comply
with any covenant contained herein to the extent that such failure to comply, in the opinion of
nationally recognized bond counsel, will not adversely affect the exemption from federal income
taxation of interest on the Bond under section 103 of the Code. In the event that regulations or
rulings are hereafter promulgated that impose additional requirements that are applicable to the
Bond, the Issuer agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally recognized bond counsel, to preserve the exemption from federal income
taxation of interest on the Bond under section 103 of the Code. In furtherance of such intention, the
Issuer hereby authorizes and directs the Mayor, City Manager, Finance Director and/or City
Secretary of the Issuer to execute any documents, certificates or reports required by the Code and
to make such elections, on behalf of the Issuer, that may be permitted by the Code, as are consistent
with the purpose for the issuance of the Bond.
12
Section 11. SALE OF BOND. The Bond is hereby sold and shall be delivered to Texas Star
Bank (the "Purchaser") for cash for the par value thereof, pursuant to the Purchase Letter dated the
date of the adoption of this Ordinance. The Bond shall initially be registered in the name of the
Purchaser. In satisfaction of Section 1201.022(a)(3)(B), Texas Government Code, and upon
consultation with the Issuer's Financial Advisor, it is hereby officially found, determined, and
declared that the terms of the Bond as set forth herein are in the Issuer's best interests.
Section 12. REDEMPTION OF REFUNDED OBLIGATIONS; ESCROW AGREEMENT.
(a) The Issuer hereby directs that the Refunded Obligations be called for redemption on December
1, 2014 (with respect to the Issuer's Public Property Finance Contractual Obligations, Series 2011)
and February 15, 2016 (with respect to the Issuer's Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2006). The redemption price shall be the par amount of the
Refunded Obligations so redeemed plus interest accrued and unpaid to the date fixed for redemption.
The paying agent for the Refunded Obligations is hereby directed to make appropriate arrangements
so that the Refunded Obligations may be redeemed on such redemption date, including giving the
appropriate notices of redemption as are required by the ordinances authorizing the Refunded
Obligations.
(b) The Mayor (or in the Mayor's absence, the Mayor Pro-Tem) of the Issuer is further
authorized to enter into and execute on behalf of the Issuer with Regions Bank (the "Escrow
Agent"), an escrow agreement in the form and substance as presented at this meeting, which escrow
agreement agreement will provide for the payment in full of the Refunded Obligations (the "Escrow
Agreement").
Section 13. FURTHER PROCEDURES. The Mayor of the Issuer (or the Mayor Pro-tem
in the absence of the Mayor) and City Secretary of the Issuer and all other officers, employees and
agents of the Issuer, and each of them, shall be and are hereby expressly authorized, empowered and
directed from time to time and at any time to do and perform all such acts and things and to execute,
acknowledge and deliver in the name and under the corporate seal, if required, and on behalf of the
Issuer the Paying Agent/Registrar Agreement with the Paying Agent/Registrar, the Escrow
Agreement with the Escrow Agent, the Purchase Letter, a Private Placement Agent Agreement with
Frost Bank, and all other instruments, whether herein mentioned, as may be necessary or desirable
in order to carry out the terms and provisions of this Ordinance, the Bond and the sale of the Bond.
In case any officer whose signature shall appear on any Bond shall cease to be such officer before
the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes
the same as if such officer had remained in office until such delivery.
Section 14. DISPOSITION OF PROJECT; ALLOCATION OF, AND LIMITATION ON,
EXPENDITURES FOR THE PROJECT. (a) The Issuer covenants that the property constituting
the Project, being the property financed or refinanced with the proceeds of the Refunded Obligations
the "Project"), will not be sold or otherwise disposed in a transaction resulting in the receipt by the
Issuer of cash or other compensation, unless any action taken in connection with such disposition
will not adversely affect the tax-exempt status of the Bond. For purpose of the foregoing, the Issuer
may rely on an opinion of nationally -recognized bond counsel that the action taken in connection
13
with such sale or other disposition will not adversely affect the tax-exempt status of the Bond. For
purposes of the foregoing, the portion of the property comprising personal property and disposed
in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains an opinion of nationally -recognized bond counsel that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest
on the Bond.
(b) The Issuer covenants to account for the expenditure of sale proceeds and investment
earnings to be used for the Project on its books and records in accordance with the requirements of
the Code. The Issuer recognizes that in order for the proceeds to be considered used for the
reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later
ofthe date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than
three years after the date on which the original expenditure is paid. The foregoing notwithstanding,
the Issuer recognizes that in order for proceeds to be expended under the Code, the sale proceeds
or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired. The Issuer agrees to
obtain the advise of nationally -recognized bond counsel if such expenditure fails to comply with the
foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the
Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it
obtains an opinion of nationally -recognized bond counsel that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest
on the Bond.
Section 15. NO RULE 1 Sc2-12 UNDERTAKING. The Issuer has not made an undertaking
in accordance with Rule 1JCL- 12 of the Securities and Exchange Commission (the "Rule"). The
Issuer is not, therefore, obligated pursuant to the Rule to provide any on -going disclosure relating
to the Issuer or the Bond. Notwithstanding the foregoing, the Issuer agrees to provide to the
Purchaser a copy of the Issuer's annual audited financial statement within 6 months after the end of
each fiscal year of the Issuer, or within 30 days after completion if the Issuer's annual audited
financial statement has not been completed within 12 months of the end of such fiscal year and is
completed at a later date.
Section 16. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas (the "State") and the United States of America.
Section 17. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that
this Ordinance would have been enacted without such invalid provision.
Section 18. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATION. The Issuer
hereby designates the Bond as a "qualified tax-exempt obligation" as defined in section 265(b)(3)
of the Code, conditioned upon the Purchaser identified in Section 11 hereof certifying that the
14
aggregate initial offering price of the Bond is no greater than $10 million (or such other amount
permitted by such section 265 of the Code). Assuming such condition is met, in furtherance of such
designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar
year in which the Bond is issued, the Issuer (including any subordinate entities) has not designated
nor will designate obligations, which when aggregated with the Bond, will result in more than
$10,000,000 (or such other amount permitted by such section 265 of the Code) of "qualified tax-
exempt obligations" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-
exempt obligations issued, during the calendar year in which the Bond is issued, by the Issuer (or
any subordinate entities) will not exceed $10,000,000 (or such other amount permitted by such
section 265 of the Code); and, (c) that the Issuer will take such action or refrain from such action
as necessary, and as more particularly set forth in this Section, in order that the Bond will not be
considered a "private activity bond" within the meaning of section 141 of the Code.
Section 19. APPROPRIATION. To pay the debt service coming due on the Bond prior to
receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current
funds on hand, which are hereby certified to be on hand and available for such purpose, an amount,
which together with capitalized interest received from the sale of the Bond, if any, will be sufficient
to pay such debt service, and such amount shall be used for no other purpose.
15
Exhibit A
FORM OF BOND
NO. R-1 UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF ANNA, TEXAS
GENERAL OBLIGATION REFUNDING BOND,
SERIES 2014B
DATE OF DELIVERY: NOVEMBER 25, 2014
REGISTERED OWNER: TEXAS STAR BAND
PRINCIPAL
AMOUNT
$1,4629000
PRINCIPAL AMOUNT: ONE MILLION FOUR HUNDRED SIXTY TWO THOUSAND DOLLARS
The City of Anna, in Collin County, Texas (the "Issuer"), being a political subdivision of the
State of Texas, for value received, promises to pay, from the sources described herein, to the
registered owner specified above, or registered assigns (in each case, the "Holder"), the principal
amount specified above, and to pay interest thereon, from the date of delivery set forth above, on
the balance of said principal amount from time to time remaining unpaid. This Bond shall finally
mature on February 15, 2026, but shall be payable in installments on the dates and in the principal
installment amounts, and shall bear interest at a rates per annum, calculated on the basis of basis of
a 360-day year of twelve 30-day months, as set forth in the following schedule:
Principal Interest
Payment Date Installment Rate
February 15, 2015 $ 52,000 0.300%
February 15, 2016 27,000 0.550
February 15, 2017 275000 0.800
February 15, 2018 28,000 1.110
February 15, 2019 505000 1.300
February 15, 2020 50,000 1.500
February 15, 2021 194,000 1.700
February 15, 2022 2019000 1.900
February 15, 2023 2029000 2.100
February 15, 2024 208,000 2.255
February 15, 2025 2095000 2.355
February 15, 2026 2145000 2.395
The principal of and interest on this Bond are payable in lawful money of the United States
of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on
February 15, 2015 and on each August 15 and February 15 thereafter to the date of the final maturity
hereof. The last principal installment of this Bond shall be paid to the Holder hereof upon
A-1
presentation and surrender of this Bond at final maturity at the corporate trust office of Texas Star
Bank in Van Alstyne, Texas, which is the " Paying Agent/Registrar" for this Bond. The payment
of all other principal installments of and interest on this Bond shall be made by the Paying
Agent/Registrar to the Holder hereof on each principal and interest payment date by check or draft,
dated as of such principal and interest payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, funds of the Issuer required by the Bond Ordinance (as defined below) to be
on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check
or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage
prepaid, on each such interest payment date, to the Holder hereof, at its address as it appeared at the
close of business on the last business day of the month next preceding each such date (the "Record
Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In
addition, principal and interest may be paid by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the Holder.
Any accrued interest due in connection with the payment of the final installment of principal
Athis Bond shall be paid to the Holder upon presentation and surrender of this Bond for payment
at the designated corporate trust office of the Paying Agent/Registrar. The Issuer covenants with
the Holder of this Bond that on or before each principal payment date, interest payment date, and
accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar,
from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to
provide for the payment, in immediately available fiends, of all principal of and interest on the Bond,
when due.
If the date for the payment of this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the designated corporate trust office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or
day on which banking institutions are authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment was due.
This Bond is authorized and issued pursuant to and incompliance with Chapter 1207, Texas
Government Code, as amended, and pursuant to the ordinance adopted by the Issuer authorizing the
issuance hereof (the "Bond Ordinance"), in the original aggregate principal amount of $1,462,000,
dated as of November 1, 2014 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS (AS DEFINED IN THE BOND ORDINANCE) AND TO PAY THE
COSTS OF ISSUANCE RELATED THERETO.
The principal installments of this Bond are not subject to redemption prior to their scheduled
payment dates.
This Bond is issuable solely as a single fully -registered Bond, without interest coupons in
the denomination of $1,462,000 or the remaining principal amount of the outstanding Bonds of this
series if an exchange of a Bond is made after a reduction in the principal amount of the series (the
"Authorized Denomination"). As provided in the Bond Ordinance, this Bond may, at the request
A-2
of the Holder or the assignee or assignees hereof, be assigned and transferred in whole but not in part
for a like aggregate principal amount Bond, without interest coupons, payable to the appropriate
Holder, assignee or assignees, as the case may be, in the Authorized Denomination, upon surrender
of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Bond Ordinance. Among other requirements for such assignment and
transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with
the proper instruments of assignment, in form and with guarantee of signatures satisfactory to the
Paying Agent/Registrar, evidencing assignment of this Bond to the assignee this Bond is to be
registered. The form of Assignment printed or endorsed on this Bond may be executed by the
Holder to evidence the assignment hereof, but such method is not exclusive, and other instruments
of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment
of this Bond from time to time by the Holder. In the case of the assignment and transfer of this
Bond, the reasonable standard or customary fees and charges of the Paying Agent/Registrar will be
paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with
respect thereto shall be paid by the one requesting such assignment and transfer, as a condition
precedent to the exercise of such privilege. The Issuer and the Paying Agent/Registrar may deem
and treat the person in whose name this Bond is registered as the absolute owner hereof for the
purpose of receiving payment of, or on account of, the principal hereof and interest due hereon and
for all other purposes. The Paying Agent/Registrar shall not be required to make any such transfer
during the period commencing with the close of business on any Record Date and ending with the
opening of business on the next following principal or interest payment date.
In the event any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and cause written notice thereof
to be mailed to the Holder of the Bond.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond
have been performed, existed and been done in accordance with law; and that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such
interest comes due and such principal matures, have been levied and ordered to be levied against all
taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed
by law, all as provided in the Bond Ordinance.
The Issuer has reserved the right to amend the Bond Ordinance as provided therein, and
under some (but not all) circumstances amendments thereto must be approved by the Holder of this
Bond.
By becoming the Holder of this Bond, the Holder thereby acknowledges all of the terms and
provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges
that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
A-3
records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond
and the Bond Ordinance constitute a contract between each Holder hereof and the Issuer.
A-4
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or the Mayor Pro-tem in the absence of the Mayor),
countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has
caused the official seal of the Issuer to be duly impressed or placed in facsimile on, this Bond.
(si ng ature) (si ng aL tore)
Natha Wilkison, City Secretary Mike Crist, Mayor
(SEAL)
[Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an
executed Comptroller's Registration Certificate)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in exchange for a
bond of a series which originally was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas.
Dated:
Texas Star Bank
Van Alstyne, Texas
Paying Agent/Registrar
A-5
Authorized Representative
[Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address,
including zip code of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney, to register
the transfer of the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signatures) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
A-6
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration
or enlargement or any change whatsoever.
[Form of Comptroller's Registration Certificate]
COMPTROLLER'0 REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certed as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
CITY OF ANNA, TEXAS
Item No. 3 WS
City Secretary's use only
City COuncil Agenda
Staff Report
Date: October 28, 2014
Staff Contact: City Manager
Exhibits: Yes
AGENDA SUBJECT:
Briefing/Discussion regarding Hackberry Elevated Tower and Water Line Project.
SUMMARY:
The consulting engineer who is designing the Hackberry elevated tower and water line
project will brief the Council regarding the design considerations for the alignment of
the water line to the elevated tower site.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 4 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
City Manager
Yes
AGENDA SUBJECT:
Discussion Regarding November and December City Council Meeting Dates.
SUMMARY:
The first City Council meeting in November is currently schedule from November 11
which is also Veteran's Day when City offices will be closed. Staff is recommending that
the Council move this meeting to Monday November 10 to avoid conflict with the
holiday.
In order to avoid potential scheduling conflicts, the City has typically elected not to place
items on the City Council agendas for meetings scheduled on the Tuesdays immediately
prior to the Thanksgiving and Christmas holidays. The second Council meeting in
November is scheduled for November 25, two days prior to Thanksgiving Day on
November 29. The second regular Council meeting in December is scheduled for
December 23, two days prior to Christmas Day. If no items are placed on the agenda, it
will not be necessary for the Council to meet on November 25 and December 23.
In December, the first City Council meeting is scheduled for December 9. In order to
meet the statutory requirements for public hearings regarding the two pending
annexations, a special City Council meeting is also scheduled for the following week on
December 16.
STAFF RECOMMENDATION:
YiOUR}HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
October 289 2014
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., October
28, 2014, at the Anna City Hall Administration Building, located at I I I North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
OpinionlSpeaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-28-14 CC Regular Meeting Agenda.doc 1 Posted 10-24-14
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by lain. Items may be considered individually by any Council
inember making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Regular minutes of September 233 2014
b. Approve City Council Special minutes of September 30, 2014.
c. Approve City Council Regular minutes of October 14, 2014.
d. Review minutes of the Anna Economic Development Corporation
from August 7, 2014 and September 4, 2014. (Jessica Perkins)
e. Review minutes of the Anna Community Development Corporation
from August 7, 2014 and September 4, 2014. (Jessica Perkins)
f. Approve a Resolution approving a Rail Road Crossing License
Agreement for CR 422. (City Manager)
g. Approve a Resolution regarding Final Plat of Anna Crossing Phase
IA. (Maurice Schwanke)
h. Approve a Resolution regarding Final Plat of Anna Crossing Phase
I and I Right-o&way Dedication. (Maurice Schwanke)
i. Approve a Resolution regarding Animal Control Services Agreement
with Collin County. (Chief Jenks)
j. Approve a Resolution regarding Animal Shelter Services Agreement
with Collin County. (Chief Jenks)
lc. Approve a Resolution regarding Oncor Street Light Settlement
Agreement. (City Manager)
1. Approve a Resolution regarding West Crossing Phase 5 Preliminary
Plat. (Maurice Schwanke)
m. Approve a Resolution regarding Avery Pointe preliminary plat.
(Maurice Schwanke)
n. Review P & Z Minutes for August 8, 2014 and September 8.2014.
(Maurice Schwanke)
6. Consider/Discuss/Action regarding adoption of an ordinance authorizing the
issuance and sale %J City of Anna, Texas combination tax and revenue
refunding bond, taxable Series 2014A. Providing for the payment of said
bond, and enacting other provisions relating to the subject.. (Clayton Fulton)
7. Consider/Discuss/Action regarding adoption of an ordinance authorizing the
issuance and sale of City of Anna, Texas general obligation refunding bond,
Series 201413, levying an annual ad valorem tax for the payment of said bond,
and enacting other provisions relating to the subject. (Clayton Fulton)
8. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of Villages of Hurricane Creek from "PD" —single family
residential to "PD"— single family residential. (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 912 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-28-14 CC Regular Meeting Agenda.doc 2 Posted 10-24-14
9. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for the Villages of Hurricane Creek.
(City Manager)
10. Consider/Discuss/Action regarding a Resolution finding a public necessity
and authorizing the City Staff to use lawful means, including negotiations and
if necessary proceedings in eminent domain, to acquire an easement on private
property owned by QJR Partnership LTD. (City Manager)
11. Consider/Discuss/Action regarding approval of a Development Agreement
with Troy and Floella Queen. (City Manager)
12. Consider/Discuss/Action regarding approving a Resolution approving CDBG
Sewer Grant Agreement. (City Manager)
13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code . 551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072), acquisition of right-ot-way;
easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City seeks
to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City is conducting economic development
negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). Tex.
Gov't Code . 551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Annual
Review and Update; City Manager Annual Review; Boards and
Commissions. (Tex. Gov't Code, 551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
l .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 9 U 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-28-14 CC Regular Meeting Agenda.doc 3 Posted 10-24-14
14. Consider/Discuss/Action on any items listed on posted agenda for October 28,
2014 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
15. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at
a place readily accessible to the public at the Anna City Hall and on the City
Hall bulletin board at or before 5#00 p.m. October 24, 2014.
Natha Wilkison, Citv Secretary
I .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-25-14 CC Regular Meeting Agenda.doc 4 Posted 10-24-14
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Call to order.
SUMMARY:
STAFF RECOMMENDATION:
Item No. I
City Secretary's use only
City Council Agenda
Staff Report
Date:
'Staff Contact:
Exhibits:
October 28, 2014
City Manager
�0
CITY OF ANNA, TEXAS
Item No. 2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
October 28, 2014
City Manager
CITY OF AN NA, TEXAS
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
City Manager
AGENDA SUBJECT: Citizen comments.
Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss
any issues that are brought up during this section that are not on the agenda, other than
to make statements of specific factual information in response to a citizen's inquiry or to
recite existing policy in response to the inquiry.
SUMMARY:
STAFF RECOMMENDATION:
i
CITY OF ANNA, TEXAS
Item No. 4
City Secretary's use only
City COunal Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
City Manager
AGENDA SUBJECT: Receive reports from Staff or the City Council about items of
community interest.
Items of community interest include expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including a
change in status of a person's public office or public employment); a reminder about an
upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than
the governing body that was attended or is scheduled to be attended by a member of
the governing body or an official or employee of the municipality; and announcements
involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
SUMMARY:
STAFF RECOMMENDATION:
�w
CITY OF ANNA, TEXAS
Item No. 5
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
City Manager
AGENDA SUBJECT: Consent Items.
These items consists of non -controversial or "housekeeping" items required by law.
Items may be considered individually by any Council Member making such request prior
to motion and vote on the Consent Items.
SUMMARY:
a. Approve City Council Regular minutes of September 23, 2014
b. Approve City Council Special minutes of September 30, 2014.
c. Approve City Council Regular minutes of October 14, 2014.
d. Review minutes of the Anna Economic Development Corporation
from August 7, 2014 and September 4, 2014. (Jessica Perkins)
e. Review minutes of the Anna Community Development Corporation
from August 7, 2014 and September 4, 2014. (Jessica Perkins)
£ Approve a Resolution approving a Rail Road Crossing License
Agreement for CR 422. (City Manager)
g. Approve a Resolution regarding Final Plat of Anna Crossing Phase
IA. (Maurice Schwanke)
h. Approve a Resolution regarding Final Plat of Anna Crossing Phase
IA and I Right -of --way Dedication. (Maurice Schwanke)
i. Approve a Resolution regarding Animal Control Services Agreement
with Collin County. (Chief Jenks)
j. Approve a Resolution regarding Animal Shelter Services Agreement
with Collin County. (Chief Jenks)
k. Approve a Resolution regarding Oncor Street Light Settlement
Agreement. (City Manager)
1. Approve a Resolution regarding West Crossing Phase 5 Preliminary
Plat. (Maurice Schwanke)
m. Approve a Resolution regarding Avery Pointe preliminary plat.
(Maurice Schwanke)
n. Review P & Z Minutes for August 8, 2014 and September 8.2014.
(Maurice Schwanke)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
September 23, 2014
6:30 p.m. —Anna City Hall Administration Bung
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., September
23, 2014 at the Anna City Hall Administration Building, located at III 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 Member James T. Cook, Lauren Lovato, John
Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present.
3. Briefing/Discussion regarding East Fork Circle paving. (City, Manager)
Philip Sanders, City Manager presented the item to council and answered
questions.
4. Briefing/Discussion regarding improvements to US 75. (City Manager)
Philip Sanders, City Manager presented the item to council and answered
questions.
5. Briefing/Discussion regarding improvements to wastewater treatment plant.
(City Manager)
Philip Sanders, City Manager presented the item to council and answered
questions.
Council Member Baines made the motion to enter closed session at 7:05 pm.
Council Member Bryan seconded the motion. Motion passes.
AYE 7
NAY 0
ABSTAIN 0
6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
09-23-14 CC Workshop Meeting Minutes.doo 1 09-23-14
with Chapter 551 of the Government Code (Tex. Gov't Code
551.071 ;
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code 551.087
I; proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Annual
Review and update, City Manager Annual Review; Boards and
Commissions. (Tex. Gov't Code, 551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception to
the Open Meetings Act.
Council Member Bryan made the motion to return to open
Council Member Lovato seconded the motion. Motion passes.
AYE 7
ABSTAI
session at 7:28 m
p.
7. Consider/Discuss/Action on any items listed on posted agenda for September
23 2014 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
Council Member Barnes made the motion to take no action. Council Member
Dowd seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
8. Adjourn.
Council Member Barnes made the motion to adjourn at 7:29 pm. Council Member
Bryan seconded the motion. Motion passes.
AYE 7
NAY 0
ABSTAIN 0
09-23-14 CC Workshop Meeting Minutes.doc 2 09-23-14
ATTEST:
NCA a Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
09-23-14 CC Workshop Meeting Minutes.doc 3 09-23-14.
MINUTES Or
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
September 23, 2014
7:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., September 23,
2014, 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-b�-Sheet as
attendance. If you wish to speak on an open -session agenda item please
Opinion/Speaker Registration Form and turn it in to the City Secretary
meeting starts.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Mike Crist gave the invocation.
a record of
fill out the
before the
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 mike statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
No Citizen comments.
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); it 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.
October 7, 2014 is National Night Out 6:00 to 8:00 pm. Reminder of a Special
Workshop Meeting September 30, 2014 regarding The Villages of Hurricane
Creek.
09-23-14 CC Regular Meeting Minutes.doo 1 09-23-14
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve September 2, 2014 City Council Special Minutes.
b. Approve September 9, 2014 City Council Regular Minutes.
c. Approve Resolution regarding "Glowfest" Special Event
Permit.(Maurice Schwanke)
d. Approve Resolution regarding Disc Golf Tournament Special
Event Permit. (Maurice Schwanke)
e. Approving a Resolution regarding Annual Sponsorship with
Greater Anna Chamber of Commerce and Anna Economic
Development Corporation. (Jessica Perkins)
f. Approving a Resolution regarding Annual Sponsorship with
Greater Anna Chamber of Commerce and Anna Community
Development Corporation. (Jessica Perkins)
g. Approve a Resolution regarding amendments to the Anna
Economic Development Corporations bylaws. (Jessica Perkins)
h. Approve a Resolution regarding amendments to the Anna
Community Development Corporation bylaws. (Jessica Perkins)
Council Member Lovato made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE' 7 NAY 0 ABSTAIN 0
6. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for the Villages of Hurricane
Creek. (City Attorney)
City Attorney, Clark McCoy presented the item to council and answered
questions. Mayor CIt opened the public hearing at 7:36 pm. There was no
public comment. Council Member Cook made the motion to suspend the
public hearing and continue on October 14, 2014 at 7:30 pm. Council Member
Bryan seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
Public Hearing: For City Council to hear public comment regarding
"SASH" Investment Addition" Final Plat. (Maurice Schwanke)
Maurice
Schwanke, Director of Planning and Development presented the item
to council and answered questions. Mayor Crist opened the public hearing at
7:38 pm. There was no public comment. Mayor Crist closed the public
hearing at 7:38 pm.
(b) Consider/Discuss/Action regarding "SASH" Investment Addition"
Final Plat. (Maurice Schwanke)
09-23-14 CC Regular Meeting Minutes.doo 2 09-23-14
Council Member Barnes made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE 7
ABSTAIN 0
8. Consider/Discuss/Action regarding an Ordinance adopting Road Impact
Fees. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Council Member Bryan made the motion
to approve establishing the maximum rate for each service area and adopt the
assessment rate of $333.34 per service unit rounded to the nearest dollar for
both service areas. Service area 1: $702.00 and service area 2: $616.50.
Council Member Barnes seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
9. Consider/Discuss/Action regarding a Resolution approving an Interlocal
Agreement for Child Abuse Investigation Services Law Enforcement
Services. (Chief Jenks)
Police Chief Jenlcs presented the item to council and answered questions.
Mayor Crist made the motion to approve striking Section 7.01 Civil Liability.
Council Member Lovato seconded the motion. Motion passes.
AYE 7
NAY 0
ABSTAIN 0
10. Consider/Discuss/Action regarding a Resolution approving a pay
classification plan. (City Manager)
Philip Sander, City Manager presented the item to council and answered
questions. Council Member Coolc made the motion to approve. Council
Member Lovato seconded the motion. Motion passes.
AYE 7
NAY 0
Council did not enter closed session at this time.
ABSTAIN 0
11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Cocle 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);
09-23-14 CC Regular Meeting Minutes.doo 3 09-23-14
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way; easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Annual
Review and Update; City Manager Annual Review; Boards and
Commiss ions.(Tex. Gov't Code §551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
12. Consider/Discuss/Action on any items listed on posted agenda for
September 23, 2014 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.
AYE 7 NAY 0 ABSTAIN 0
13. Adjourn.
Council Member Bryan made the motion to adjourn at 8:03 pm. Mayor Crist
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
09-23-14 CC Regular Meeting Minutes.doc 4 09-23-14
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING
September 30, 2014 6:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Special Session at 6:30 p.ln., September 30,
2014, at the Anna City Hall Administration Building, located at III North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you iVish to speak on an openrsession agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretor)) before the
meeting starts.
1. Call to Order.
Deputy Mayor Pro Tem James T. Cook called the meeting to order at 6:30
pm.
2. Roll Call and Establishment of Quorum.
Deputy Mayor Pro Tem James T. Cook and Council Member Lauren Lovato,
John Beazley, Nathan Bryan and Dick Dowd were present. Council Member
Chad Barnes was absent. Mayor Mike Crist arrived at 6:38 pm.
3. Briefing/Discussion regarding the proposed Villages of Hurricane Creek
development. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions.
Council Member Bryan made the motion to enter closed session at 6:45 pm.
Council Member Lovato seconded the motion. Motion passes.
AYE 6 NAY 0' ABSTAIN 0
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex Gov't Code §551.072); land for public
improvements;
09-30-14 CC Special Meeting Minutes.doc 1 09-30-14
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
§551.087); proposed residential and retail developments
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
Council Member Bryan made the motion to return to open session at 7:28 pm.
Mayor Crist seconded the motion. Motion passes.
AYE 6 1 NAY 0
ABSTAIN 0
Council returned to open session for discussion regarding The Villages of
Hurricane Creek. Jim Sabonis with First Southwest presented the financial
aspects of this project and answered questions from council.
5. Adjourn.
Council Member Bryan made the motion to adjourn at 845 pm. Council
Member Dowd seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Willcison, City Secretary
Milce Crist, Mayor
09-30-14 CC Special Meeting Minutes.doo 2 09-30-14
October 149 2014
CIL WOI
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., October 14,
2014 at the Anna City Hall Administration Building, located at I I I N. Powell Parkway
(Hwy 5), regarding the following items:
1. Call to Order.
Mayor Pro Tem Chad Barnes called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Pro Tem Chad Barnes and Council Members James T. Cools, Lauren
Lovato, John Beazley, Nathan Bryan and Dick Dowd were present. Mayor Mike
Crist was absent.
3. Briefing/Discussion regarding proposed Villages of Hurricane Creels
Development. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions.
4. Briefing/Discussion regarding 2014 Bond Refunding. (Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and answered
questions. Mr. Fulton introduced Andre Ayala with F1rStSOUthwest who made a
presentation to council regarding Series 2014A and Series 2014B Refundings-
Plan of Finance.
Council Member Bryan made the motion to enter closed session at 6:56 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 6
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, 551.071);
10-r4-14 CC Workshop Meeting MinutesAgenda.doc 1 10-1414
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code 551.087
); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Annual
Review and update, City Manager Annual Review; Boards and
Commissions. (Tex. Gov't Code 4551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
Council Member Lovato made the motion to return to open session at 7:27 pm.
Council Member Bryan seconded the motion. Motion passes.
NAY 0
ABSTAIN 0
6. Consider/Discuss/Action on any items listed on posted agenda for October 14
2014 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
Dowd seconded the motion. Motion passes.
M JAWS
NAY 0
7. Adjourn.
ABSTAIN 0
Council Member Beazley made the motion to adjourn at 7:28 pm. Council
Member Lovato seconded the motion. Motion passes.
AYE 6
ATTEST:
NAY 0
Natha Wilkison, City Secretary
ABSTAIN 0
APPROVED:
Chad Barnes, Mayor Pro Tem
10-14-14 CC Workshop Meeting MinutesAgenda.doc 2 10-14-14
10-14-14 CC Workshop Meeting MinutesAgenda.doc 3 10-14-14
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
OctobV1 14, 2014
7:30 P.M. — Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., October 145
2014, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the 00) Council Aleeting. Please sign the Sign4n-Sheet as a record of
attendance. If you i1Nish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Pro Tem Chad Barnes called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Pro Tem Chad Barnes 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 rip during tills
section that are not oil 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 flranlas,
congratulations, or condolence, information regarding holiday schedules;
am honorary or salutary recognition of a public official, public employee, or
other citizen (brit not including a change in status of a persons 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.
Philip Sanders, City Manager introduced the new Public Works Director
Joseph Johnson.
10-14-14 CC Regular Meeting Minutes.doc 1 10-14-14
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve a Resolution regarding the FY 2015 EMS Contract.
(Chief Gothard)
b. Approve a Resolution regarding an Inter -Local Agreement for
Environmental Services. (Maurice Schwanke)
c. Approve a Resolution regarding an Inter -Local Agreement for
road and bridge improvements. (City Manager)
d. Approve a Resolution regarding consent for inclusion of dual
certification and city limit area in the proposed North Collin
Special Utility District boundary. (City Manager)
e. Approve a Resolution approving the Margarita Rodriguez
Development Plat. (Maurice Schwanke)
f. Approve an Ordinance approving the 2014 Tax Roll. (Clayton
Fulton)
Council Member Bryan made the motion to approve. Council Member Dowd
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
6. Consider/Discuss/Action regarding a resolution approving the purchase
of a gazebo at Natural Springs Park. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development 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 NAY 0 ABSTAIN 0
7. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of Villages of Hurricane Creels from "PD" —single
family residential to "PD"— single family residential. (City Attorney)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Mayor Pro Tem Barnes opened the public
hearing at 7:38 pm. There was no public comment. Mayor Pro Tem Barnes
made the motion to hold the public hearing open and to continue the public
hearing on October 28, 2014 City Council Meeting. Council Member Beazley
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
10-14-14 CC Regular Meeting Minutes.doc 2 10-14-14
8. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for the Villages of Hurricane
Creels.
Philip Sanders, City Manager presented the item to council and answered
questions. Mayor Pro Tem Barnes opened the public hearing at 7*41 pm.
There was no public comment. Mayor Pro Tern Barnes made the motion to
continue the public hearing on October 28, 2014 at 7:30 pm. Council Member
Beazley seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
9. (a) Public Hearing: For City Council to hear public comment regarding
the proposed rezoning of the Avery Point Development from "PD" —
single family residential and commercial to "PD" — single family
residential. (Maurice Schwanke)
Council Members James T. Cools, Dicls Dowd and Mayor Pro Tem Chad
Barnes recused themselves from this item and left the room. Council Member
Bryan conducted the meeting. Maurice Schwanlse, Director of Planning and
Development presented the item to council and answered questions. Council
Member Bryan opened the public hearing at 7#45 pm. Resident Kenneth
Pelham spoke on this item and Jerry Sylo, owner's representative spoke on the
item. Council Member Bryan closed the public hearing at 7:56 pm.
(b) Consider/Discuss/Action regarding an ordinance approving the
rezoning of the Avery Point Development. (Maurice Schwanke)
Council Member Bryan made the motion to approve. Council Member Lovato
seconded the motion. Motion passes 2 to 1.
AYE 2 NAY l (CM Beazley) ABSTAIN 0
10. Consider/Discuss/Action regarding a Resolution finding a public necessity
and authorizing the City Staff to use lawful means, including negotiations
and if necessary proceedings in eminent domain, to acquire an easement
on private property owned by QJR Partnership LTD. (City Manager)
Philip Sanders, City Manager presented the item to council and answered
questions. Resident J. D. Rollins spoke regarding acquiring the water
easement. Council requested that the City's engineers take another look at this
easement. Council Member Cook made the motion to take no action. Council
Member Beazley seconded the motion. Motion passes.
AYE 6
I► : 1
ABSTAIN 0
10-14-14 CC Regular Meeting Minutes.doc 3 10-14-14
11. Consider/Discuss/Action regarding a Resolution initiating proceedings,
and setting the dates, times, and places for public hearings for the
annexation of a 162.12 acre tract of land located in the F.T. Daffau
Survey, Abstract No. 0288, and a 64.5 acre tract of land in the John Ellet
Survey, Abstract No. 0296 and extending an offer to the owners of said
properties to make a Development Agreement with the City. (Maurice
Schwanke)
Philip Sanders, City Manager presented the item to council and answered
questions. J. D. Rollins spoke regarding the length of time for the
development agreement. Council Member Cook made the motion to approve
the resolution with a three year term. Council Member Bryan seconded the
motion. Motion passes.
AYE 5
NAY 1 (CM Beazley) ABSTAIN 0
12. Consider/Discuss/Action regarding a Resolution setting the dates, times
and places for public hearings for the voluntary annexation of a 23.19
acre tract of land located in the J.C. Brantley Survey, Abstract No. 114.
(Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Council Member Beazley made the motion
to approve. Council Member Lovato seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
13. Consider/Discuss/Action regarding approval of a Development
Agreement with Troy and Floella Queen. (City Manager)
City Manager, Philip Sanders recommended withdrawal of this item at this
time. Council Member Beazley made the motion to withdraw. Mayor Pro Tem
Barnes seconded the motion. Motion passes.
AYE 6
NAY 0
Council did not enter executive 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);
10-14-14 CC Regular Meeting Minutes.doo 4 10-14-14
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072), acquisition of right-o&
way; easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
55� 1.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secreta>y Annual
Review and Update; City Manager Annual Review; Boards and
Commissions. (Tex. Gov't Code 551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
15. Consider/Discuss/Action on any items listed on posted agenda for
October 14, 2014 Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
Council Member Bryan made the motion to take no action. Council Member
Lovato seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
16. Adjourn.
Council Member Bryan made the motion to adjourn at 8:34 pm. Council
Member Lovato seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Willcison, City Secretary
Chad Barnes, Mayor Pro Tem
]0-14-14 CC Regular Meeting Minutes.doc 5 10-1A-14
i
CITY OF ANNA, TEXAS
Item No. .wu
City Secretary'S use only
City COuncil Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
No
10/28/2014
Jessica Perkins
CONSENT AGENDA SUBJECT:
Review minutes of the Anna Economic Development Corporation from August 7, 2014
and September 4, 2014. (Jessica Perkins)
SUMMARY:
n/a
STAFF RECOMMENDATION:
n/a
MINUTES OF MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
TiiursdaV, A"!Aust 7, 201
ECotJOt,tIC
t)F V%l.�1pA1 E h!T
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m., on
Thursday, August 7, 2014, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas, to consider the following items.
1. Call 'co Order.
Connie Stump called file meeting to order at 5:05 p.m. Roll call was ta{cen and a
quorum was established.
7_. Doll Cafl and Establisht�tent of C�uorum.
Directors present were: Alonzo Tl.ltson, Connie Stump, Lee Miller, and Michael Williams
as well as the newly appointed Directors, Doug Hermann and Jeffrey Sykes.
Directors in abstention: John Houcel<.
Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clark
McCoy, attorney for EDC.
3. Consider/Discuss/Aciion regarding approving of a budget amendment for The
current 2013-2014 fiscal year.
The current fiscal year for 2013-2014 will soon come to a close. Jessica Perkins
explained that there was an overage in Line liem G735 (Promotional) and a need to
transfer funds in the amount of $3,500.00, from Line Item 6941 (Other Capital
Expenditures) to cover the overage. The transfer of these monies will not change the
bottom line of the budget, Michael Williams made a motion to adopt the resolution. The
motion was seconded by Lee Miller. Motion passed.
4. Consider/Discuss/A,ction regarding approving fiscal year 201�•-2015 proposed
budget.
The proposed budget, attached hereto, as part of the meeting packet, has been
reviewed by City Council. Jessica Per{<ins led a Q & A session and also stated that the
proposed budget meets all the obligations and fiscal goals of the Board. Alonzo Tutson
made a motion to adopt the Resolution regarding the FY 2014-2015. The motion was
seconded by Michael Williams. Motion passed.
Corporation may vote and/or act upon each of the items listed in this agenda.
Corporation reserves the right to retire into esccutivc session concerning any of the items listed on this agenda, whenever
it is considcral necessary and Icgulh° justified antler the Open Meeting\ct.
3. Persons with if disability who want to attend this meeting who may need assistance should conlacl the ollice ol'the City
Sccretanal 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be trade.
Ot3-07-2014 EDC Minutes.doc 1
5. Consider/DiscusslAction regarding a resolution authorizing execution of an
amended performance agreement with Empowered Training Centre, LLC and
approving a line of credit utilizing the funds in the Revolving Loan Fund ("RLP)
program for Empowered Training Centre, LLC.
Jessica Perkins reminded the Board that in December of 2013, the EDC entered into a
performance agreement with Empowered Training Centre (d/b/a MyCourseRoom.com).
An option for a line of credit was included in the performance agreement and Exhibit "A,°
attached hereto to the resolution, clarifies Section 3(b) that the line of credit was
intended to be with the CDC's RLF (Revolving Loan Fund) program.
Prior to a motion being made and a vote taken, Connie Stump recused herself from the
roam at 5:10 p.m. and returned at 5:15 p.m., to avoid any appearances of impropriety.
Doug Hermann made a motion to adopt the resolution authorizing the amendment and
expenditure of funds not to exceed $108,000; and the execution of documents
authorizing a line of credit to advance funds to Empowered Training Centre, LLC. Said
agreement is subject to the approval of EDC's attorney, as to substance and form, and
the City Council of Anna. Jeffrey Sykes seconded the motion. Motion passed.
6. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code S551.072).
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board 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).
Connie Stump read the foregoing into the record. Alonzo Tutson made a motion to
move to Closed Session that was seconded by Michael Williams. Motion passed and the
Board entered into Closed Session at 5:22 p.m. After discussing the business at hand,
Michael Williams made a motion to adjourn Closed Session and return to Open Session.
Jeffrey Sykes seconded the motion. Motion passed, and Closed Session was adjourned
on Thursday, May 1, 2014 at 5:40 p.m.
*der/Doscuss/Action regarding adopting a resolution authorizing the
I . 'The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City
Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-07-2014 EDC Minutes.doc 2
Jessica Perkins stated that the City was willing to grant a drainage and utility easement
on the 48-acre property owned by EDC. Whether or not the property sells, it will benefit
the surrounding property owners and larger planning area for sewer lines.
Alonzo Tutson made a motion to adopt the resolution authorizing an utility and drainage
easement to the City of Anna across EDC's 481111acre tract of land; the authorization for
the CAO to execute, on behalf of EDC, the said agreement and any associated
documents, as more fully described in Exhibit A," incorporated herein for all purposes.
Said authority to grant the utility and drainage easement needs the approval of EDC's
legal counsel, as to substance and form, and the approval of City Council of Anna.
Doug Hermann seconded the motion. Motion passed.
Chief Administrative Officer to enter negotiations to sell thhe EDC's 48mac Z.
property and authorizing the sale of said property.
EDC has received an offer to purchase the property. The property is presently zoned for
SF 7200 with a PD. Staff is requesting EDC to pass a resolution to allow staff to enter
negotiations and accept the offer. Said documents need the approval of EDC's legal
counsel, as to form and substance, and the City Council of Anna.
The buyer currently owns the property to the north and plans to name the future
subdivision Camdon Parc. The developer has asked to set aside 20 acres or so to
create a 55+ adult community.
Jeffrey Sykes made a motion to adopt the resolution authorizing the CAO to enter into
negotiations; to accept the offer of $500,000 and to execute, on EDC's behalf, a
purchase and sale agreement together with any associated documents. Said agreement
needs the approval of EDC's legal counsel, as to substance and form, and the City
Council of Anna. Michael Williams seconded the motion. Motion passed.
Connie Stump made a motion to accept the minutes of May 11 2014, as corrected,
(correction made in No. 4); and to accept the minutes of June 5, 2014 as written. The
motion was seconded by Lee Miller. Motion passed.
I. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
it is considered necessary and legally justified under the Qpen Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City
Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-07-2014 EDC Minutes.doc 3
10. Adjourn.
Alonzo I Mon made a motion to adjourn the meeting. Michael Williams seconded the
motion and the meeting was adjourned at 5:45 p.m.
APPROVED:
ATTESTED:
Constance Ann tump " Sherilyn G dfb rey
President of EDC Secretary of EDC.
I .The Corporation may vote and/or act upon each of the items listed in this agenda.
2. 'rhe Corporation reserves the right to retire into executive session atnceming any of the items listed on this agenda, whenever
it is considered necessary and legally juslilicd ttndcr the Open Meeting net.
3. Persons with a disability who want to attend this mecling who may need assistance should contact the office of'the City
Secretary at 972 9243325 two working days prior to the meeting so that appropriate arruteements can be made.
08-07-2014 EDC Minutes.doc 4
IUMMU I ma OF MEETING OF ThIE
flf�l�1A I=CONOMIC DEVELOPMENT CORPORATION
l hursday, September a, 7.0�4r•
FCnh.of.11C
DEVELOP► FNT
cmpURATICIN
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 I on
Thursday, September 4, 20el41 at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), and Anna, Texas, to consider the following items.
9. Call to Order.
Connie Stump, President, called the meeting fo order at 5:�!•0 p.nr. Roll call was taken
and a quorum was established.
?. I:oll Call and Establishment of C?uorurrt.
Directors present were: Alonzo Tutson, Connie Stump, Lee Miller, Michael Williams, and
Jeffrey Sykes.
Directors in abstention: John f-loucel< and Doug f-lermann
Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clar{<
McCoy, legal counsel for EDC.
3. Consider and Discuss Sher•ilyn Godfrey serving as a volunteer secretary to the
EDC Board.
Sl�erilyn Godfrey served on the Board for the past six years serving as secretary and
wishes to continue serving as secretary on a volunteer basis. This would be anon -voting
position. The Mayor and City Counsel have already approved this position if the Board
is in favor. Alonzo Tutson made a motion to appoint Sherilyn Godfrey as secretary.
Michael Williams seconded the motion. Motion passed.
4. Consider/DiscusslAction regarding passing a resolution amending the EDC
Bylaws to allow fvr a volunteer to serve in the role of secretary and other
amendrnents ford clarity and consistency.
The Bylaws have not been updated since 2011 and need to be amended for clarity and
consistency with the CDC Bylaws as well as the City's Ethics Code. The EDC is
authorized to amend its Bylaws under Art. VII, Sec.1 of the Bylaws of Anna Economic
Development Corporation. After some discussion, Michael Williams made a motion to
adopt the resolution to arnend the bylaws which allows the board to designate a person
or entity other than a board member (in this case Sherilyn Godfrey) to serve as secretary
on a volunteer, non -voting basis. Alonzo Tutson seconded the motion. Motion passed.
The effective date is immediate.
Corporation nuqf vote and/or act upon each of the items listed in this agenda.
Corporation reserves the rioht to rctirc into executive session conccrnino nub• of the items listed on this agenda, whenever
it is considered ncccssnry and legally justilicd under the Open electing Act.
3. I'crsons with a disahilit) who want to attend this meeting wha may nccd assistance should contact the otiice orthe Cit)
Secretary at 972 924m3325 two working days prior to the meting so that appropriate arrangements can be made.
09-04-2014 EDC Minutes.doc 1
All amendments are outlined in °Exhibit "A," attached hereto, and incorporated herein
for all purposes as if set forth in full, are subject to the approval of the City Council.
5. Consider/Discuss/Action regarding a resolution approving a resolution for the
fiscal year sponsorship agreement with the Greater Anna Chamber of Commerce.
Jessica Perkins reminded the Board that EDC has entered into an agreement to
financially support and sponsor the events of the Greater Anna Chamber of Commerce.
The five events are Glow Fest ($7,500 to be held Oct. 25), July 4t' celebration (funded
completely by EDC and CDC $7,000 each) and Awards Banquet ($5000). This year the
Greater Anna Chamber of Commerce has asked for $19,500, the same as for the last
two years.
Jeffrey Sykes made a motion to adopt a resolution authorizing the Chief Administrative
Officer, ("CAO") to sign an agreement with the Greater Anna Chamber of Commerce for
funds, in the amount of $19,500, in accordance with Exhibit' A," attached hereto, and
incorporated herein for all purposes as if set forth in full. Alonzo Tutson seconded the
motion. Motion passed.
6. Clark McCoy as legal counsel for the both corporations. Every couple of years it
is necessary and prudent to review the Ethics Code and standards board
members are obligated too.
Postponed
7. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City
Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made.
09-04-2014 EDC Minutes.doc 2
(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).
Not necessary.
9. Consider/Discuss/Action regarding approving of minutes from August 7, 2014.
Tabled.
10. Adjourn.
Michael Williams made a motion to adjourn the meeting. Alonzo Tutson seconded the
motion and the meeting was adjourned at 6:03 p.m.
APPROVED:
Constance Ann Stump
President of EDC
ATTESTED:
r
Sherilyn Gbdfrey
Secretary of EDC
I. The Corporation may vote and/or act upon each ol'the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items lislcd on this agcnd;r, ++henever
it is considered necessary and legally juslilicd under the Open t\4ccting Act.
3. Persons with a disability who want toattend this meeting who may need assistance should contact the office of the City
Secretary at 972 924-3325 two working daps prior to the meeting so that appropriate arrangements can be made.
09-04-2014 EDC Minutes.doc 3
CITY OF ANNA,TEXAS
Item No. 5 e
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Jess
No
10/28/2014
ica Perkins
CONSENT AGENDA SUBJECT:
Review minutes of the Anna Community Development Corporation from August 7, 2014
and September 4, 2014. (Jessica Perkins)
SUMMARY:
n/a
STAFF RECOMMENDATION:
n/a
MINUTES OF MEETING OF I HE
ANNA COMMUNITY DEVELOPMENT CORPORATION
T hursday.Augusf 7,
The Anna Community Developl"ent Corporation ("CDC") of the City of Anna met afi 5:00 p.m.,
on Thursday, August 7, 2014, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), and Anna, Texas, to consider the following items.
1. Call to Order.
In the absence of John Houcek, Alonzo Tutson, Vice President, called the meeting to
order at 5:47 p.m. Roll call was taken and a quorum was established.
2. Roll Call and Establishment of Quorum.
Directors present were: Alonzo Tutson, Connie Stump, Lee Miller, and Michael Williams
as well as newly appointed Directors, Doug Hermann and Jeffrey Sykes.
Directors in abstention: John Houcelc.
Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clark
McCoy, attorney for CDC.
3. Invocation and Pledge.
N/A
4. Introduction of New Directors.
Previously sworn in by the City Secretary, Natha Will<ison, the new Directors were
introduced by Jessica Perkins. Each person spoke briefly outlining one's personal and
business background.
5. Consider Public Hearing regarding a proposed CDC project to provide a line of
credit utilizing the funds in the Revolving Loan Fund program for Empowered
Training Centre, LLC,
I. The Corporation may � ote andlor act upon each of the items lislcd in this agenda.
2.'lhe Corporation resencs the right to retire into cxecutiac session concerning aoy of the itans lislcd on this agenda. �thenever
it is amsidcrcd ncccssuy and Icgully iustiliul under the npcn �9ccting ncl.
3. Persons with a disability who want to attuul this meeting tehu may nccd assistance should contact the ollice orthe City
Secretary at 972 92�4-3325 two working) days prior to the meeting so that appropriate arrangements can be made.
08-07-2014 CDC Minutes.doc 1
In accordance with State law, a public hearing must be held giving proper notice and
information to the public regarding the pending action by the Board as well as the
opportunity to speak. The agenda item was read; and the public hearing was opened
and closed at 5051 p.m. No one spoke.
6. Consider/Discuss/Action regarding a resolution authorizing execution of an
amended performance agreement with Empowered Training Centre, LLC and
approving a line of credit utilizing the funds in the Revolving Loan Fund ("RII
program for Empowered Training Centre, LLC.
Jessica Perkins reminded the Board that in December of 2013, the EDC entered into a
performance agreement with Empowered Training Centre (d/b/a MyCourseRoom.com).
An option for a line of credit was included in the performance agreement and Exhibit "A,"
attached hereto to the resolution, clarifies Section 3(b) that the line of credit referenced
was intended to be with the CDC's RLF (Revolving Loan Fund) program.
Prior to a motion being made and a vote being taken, Connie Stump recused herself
from the room at 5:52 p.m. and returned at 5:55 p.m., to avoid any appearances of
impropriety.
Michael Williams made a motion to adopt the resolution authorizing the amendment and
expenditure of funds not to exceed $108,000; and the execution of documents
advancing a line of credit to Empowered Training Centre, LLC. Said agreement is
subject to the approval of CDC's attorney, as to substance and form, and the approval of
the City Council of Anna, Texas. Lee Miller seconded the motion. Motion passed.
7. Consider/Discuss/Action regarding approving of a budget amendment for the
current 2013-2094 fiscal year.
The current fiscal year for 2013-2014 will soon come to a close. Jessica Perkins
explained that there was an overage in Line Item 6703 Contracts and that there was a
need for funds to be transferred to in Line Item 6735 (Promotional) and Line Item 6799
(Parks Personnel Support). The transfer of these monies will not change the bottom
line of the budget. Lee Miller made a motion to adopt the resolution and to transfer
$2,000 to Line Item 6799 and a $1,000 to Line Item 6735 from Line Item 6703. The
motion was seconded by Doug Hermann. Motion passed.
The proposed budget, attached hereto as part of the meeting packet, has been reviewed
by City Council. Jessica Perkins led a Q & A and stated that the proposed budget meets
all the obligations and fiscal goals of the Board. Doug Hermann made a motion to adopt
the Resolution regarding the FY 2014-2015. The motion was seconded by Connie
Stump. Motion passed.
1. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
it is considered necessary and Jegaily justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City
Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-0711112014 CDC Minutes.doc 2
9. Closed Session.
a. Discuss of deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate tl�e offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087),
Not necessary.
10. Consider/giscuss/Action regarding approving of minutes of May 1, 2014 and June
5, 2014.
Michael Williams made a motion to accept tfie minutes of May 1, 2014, as written; and to
accept the minutes of June as corrected. The date should read June 5, 2014. The
motion was seconded by Lee Miller. Motion passed.
11. Adjourn.
Connie Stump made a motion to adjourn the meeting. Doug I-lermann seconded the
motion and the meeting was adjourned at 6:05 p.lii.
APPROVED:
n Houcel<
sident of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
1. "rhe Corporation may vote and/or uct upon each of the items lislcd in this agenda.
2. "1'he Corporation rrscncs the right to rotirc into exccutivr session concerning any ofthc items lislcd on this agonda, whcnevrr
it is considered necessary and legally juslilird under thr Open �9rrling �lcl.
3. Persons with a disability who want to attend this meeting who may nerd assistance should contact the office ol'the City
Secretary at 972 9241 3325 two working days prior to the meeting so that appropriate arrangements can be made.
OB-07-2014 CDC Minutes.doc 3
IUIINUTEa OI= MEETING OF TIME
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, SeE III I
CC)RF?ot?ATtOt!
The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m.,
on Thursday, September 4, 2014, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), and Anna, Texas, to consider the following items.
9. Call to Order.
In the absence of John Houcelc, Alonzo Tutson, Vice President, called the meeting to
order at 5:07 p.m. Roll call was taken and a quorum was established.
2. Roll Call and EstaEolishment of Ctuorum.
Directors present were: Alonzo Tutson, Connie Stt.tmp, Lee Miller, Michael Williams,
Doug Hermann and Jeffrey Sykes.
Directors in abstention: John Houcek.
Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clarlc
McCoy, legal counsel for CDC.
3. Invocation and fledge.
Connie Stump offered the prayer and led the group in the Pledge of Allegiance.
4.. Consider and Discuss Sherilyn Godfrey serving as a volunteer secretary to the
CDC Board.
Sherilyn Godfrey served on the Board for the past six years serving as secretary and
wishes to continue serving as secretary on a volunteer basis. Tliis would be anon -voting
position. The Mayor and City Council have already approved this position if the Board is
in favor. Connie Stump made a motion to appoint Sherilyn Godfrey as secretary.
Michael Williams seconded the motion. Motion passed. Lee Miller, on behalf of the
Board, thanked Sherilyn Godfrey for volunteering her time.
5. Consider/Discuss/Action regarding passing a resolution amending the CDC
Bylaws to allow for a voluni:eer• to serve in the role of secretary and other•
amendments for clarity and consistency.
The Bylaws have not been updated since 2011 and need to be amended for clarity and
consistency with tl�e EDC Bylaws and the City's Ethics Code. The CDC is authorized to
amend its Bylaws under Art. VII, Sec.1 of the Bylaws of Anna Community Development
l .The Corporation may vote andlur act upon each of the items listed in this agenda.
2.'rhe Coiporatiun reserves the right to retire into executive session concerning any of the items listed on this agenda, whatever
it is considered necessary and legally justilicd unda, the Open Meeting Act.
3. Persons with a disabilitNe who want to attend this meeting who may need assistance should contact the off ice of the city
Secretary at 972 924-3325 two working days prior to tic meeting so that appropriate arrangements can be made.
09-04-2014 CDC Mintttes.doc 1
Corporation. After some discussion, Lee Miller made a motion to adopt the resolution
amends the bylaws which allows the board to designate a person or entity other than a
board member (in this case Sherilyn Godfrey) to serve as secretary on a volunteer, non-
voting basis. Michael Williams seconded the motion. Motion passed. The effective date
is immediate.
All other amendments are outlined in uExhibit "A," attached hereto, and incorporated
herein for all purposes as if set forth in full, are subject to the approval of the City
Council.
6. Consider/Discuss/Action regarding a resolution approving a resolution for the
fiscal year sponsorship agreement with the Greater Anna Chamber of Commerce.
Jessica Perkins reminded the Board that CDC has entered into an agreement to
financially support and sponsor the five events of the Greater Anna Chamber of
Commerce. The five events are Glow Fest ($7,500 to be held Oct. 25), Christmas
Parade ($2,500), July 4' celebration (funded completely by CDC and EDC) and the Golf
Tournament ($3,000) and Awards Banquet. This year the Greater Anna Chamber of
Commerce has asked for $20,500, the same as last year.
This money helps Greater Anna Chamber of Commerce to budget and plan their events
as well as improving the event. Both corporations are Platinum sponsors and receive
logo recognition. GACC will attend submit reports and/or attend upcoming meetings of
the corporations to give a report.
Lee Miller made a motion to adopt a resolution authorizing the agreement with the
Greater Anna Chamber of Commerce for funds, in the amount of $20,500, in accordance
with Exhibit "A," attached hereto, and incorporated herein for all purposes as if set forth
in full. The motion was seconded by Michael Williams. Motion passed.
7. Clark McCoy as legal counsel for the both corporations. Every couple of years it
is necessary and prudent to review the Ethics Code and standards board
members are obligated too.
Postponed.
8. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072}.
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City
Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
09-04-2014 CDC Minutes.doc 2
of Anna and with which the Board 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).
Alonzo Tutson read the foregoing into the record. Michael Williams made a motion to
move to Closed Session that was seconded by Lee Miller. Motion passed and the Board
entered into Closed Session at 5:23 p.m. After discussing the business at hand, Connie
Stump made a motion to adjourn Closed Session and return to Open Session. Jeffrey
Sykes seconded the motion. Motion passed, and Closed Session was adjourned on
Thursday, September 4, 2014 at 5:38 p.m.
9. ConsiderlDiscuss/Action regarding approving of minutes from August 7, 2014.
Skipped.
10. Adjourn.
Michael Williams made a motion to adjourn the meeting
motion and the meeting was adjourned at 5:39 p.m.
APPROVED:
J n Houcek
P sident of CDC
ATTESTED:
Lee Miller seconded the
Sherilyn Gq�f'rey
Secretary of CDC
I . 'I'hc corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
it is considered necessary and legally justified under the Open A4eeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office or the City
Secretary at 972 924-3325 two working days prior to the mecting so that appropriate arrangements can be made.
09-04-2014 CDC Minutes.doc 3
�w
CITY OF ANNA, TEXAS
Item No.
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
October 28, 2014
City Manager
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving a Public Road Crossing
License Agreement with Dallas Area Rapid Transit.
SUMMARY:
As part of the Subdivision Improvement Agreement association with the Anna Crossing
development located on the east side of State Highway 5, the developer (Skorburg
Company) is required to make certain improvements to County Road 422 at the rail road
crossing owned by Dallas Area Rapid Transit (DART). Prior to making those
improvements, the City will need to execute the attached Public Road Crossing License
Agreement with DART. The License Agreement outlines the terms, conditions, and
construction standards that must be followed for roadway construction within the DART
right-of-way. The developer is required to observe all of these requirements as part of
their construction.
After construction is complete, the new CR 422 rail road crossing will be a 4-lane divided
street section with active warning devices in accordance with DART's standards.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PUBLIC ROAD
CROSSING LICENSE AGREEMENT BETWEEN DALLAS AREA RAPID TRANSIT
("LICENSOR") AND THE CITY OF ANNA, TEXAS ("LICENSEE").
WHEREAS, Licensor now owns certain railroad right-of-way within the city limits of the
Licensee; and
WHEREAS, Licensor has a Trackage Rights Agreement with Dallas, Garland &Northeastern
Railroad (the "Railroad"), whereby the Railroad is responsible for certain maintenance of
existing at -grade highway -rail crossings; and
WHEREAS, there is an existing public road crossing known as County Road 422, Mile Post
306.10, that crosses Licensor's Sherman Line railroad right-of-way, identified as DOT No.
765318M; and
WHEREAS, Licensee proposes widening and reconstruction of the public road crossing,
constructed with new concrete panels, pavement, active warning devices and sidewalks, in
accordance with Licensor's and Railroad's standards;
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 3. Approval of License Agreement.
The City Council of the City
License Agreement attached
City Manager's execution of
documents and to take all o'
Agreement.
PASSED AND APPROVED
day of October, 2014.
ATTEST:
of Anna, Texas hereby approves the Public Road Crossing
hereto as Exhibit 1, and authorizes, ratifies and approves the
same. The City Manager is hereby authorized to execute all
her actions necessary to finalize, act under, and enforce the
by the City Council of the City of Anna, Texas, on this the 28tn
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS
RESOLUTION NO.
APPROVED:
Mayor, Mike Crist
PAGE 1 OF 1
AGREEMENT No.
PUBLIC ROAD CROSSING LICENSE AGREEMENT
THIS AGREEMENT ("License"), by and between DALLAS AREA RAPID TRANSIT
("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452,
Texas Transportation Code, as amended and the CITY OF ANNA, a Texas municipal corporation
("Licensee"), acting by and through its duly authorized official, whose mailing address is P.O. Box 776,
Anna, Collin County, Texas 75409-0776,
WHEREAS, Licensor now owns certain railroad right -of --way within the city limits of the
Licensee; and
WHEREAS, Licensor has a Trackage Rights Agreement with Dallas, Garland &Northeastern
Railroad (the "Railroad"), whereby the Railroad is responsible for certain maintenance of existing at -
grade highway -rail crossings; and
WHEREAS, there is an existing public road crossing known as County Road 422, Mile Post
306.10, that crosses Licensor's Sherman Line railroad right -of --way, identified as DOT No. 765318M; and
WHEREAS, Licensee proposes widening and reconstruction of the public road crossing which
will become known as Taylor Drive, constructed with new concrete panels, pavement, active warning
devices and sidewalks, in accordance with Licensor's and Railroad's standards; NOW, THEREFORE,
1. Purpose. Licensor hereby grants this License to Licensee for the purpose of constructing,
reconstructing, installing and maintaining (the "Permitted Uses") an at -grade, four -lane, median divided,
7246ot wide public road crossing ("Permitted Improvement"). The Permitted Improvement will be
located within Licensor's railroad right of way, covering an area approximately 9,900 square feet. The
Permitted Improvement will cross Licensor's riglit-of-way at Mile Post 306.10, in Anna, Collin County,
Texas, more particularly as shown in Exhibit "A", attached hereto and incorporated herein for all
pertinent purposes (the "Property").
The term "public road crossing" shall include the concrete crossing material, pavement, grading,
barricades, street lighting, drainage facilities, signs, pavement markings, active warning devices/signals,
and approaches.
The Property shall be used by Licensee, and the public, solely for the Permitted Uses and the Permitted
Improvement, EXCEPT, HOWEVER, AND IT IS UNDERSTOOD BY BOTH LICENSOR AND
LICENSEE THAT THE GRANTING OF THIS LICENSE SHALL NOT BE CONSTRUED IN ANY
WAY TO CONSTITUTE A DEDICATION TO THE PUBLIC.
2. Consideration. The consideration for the granting of this License shall be:
2.01. The faithful performance by Licensee of all of the covenants and agreements contained in
this License to be performed by Licensee, and
2.02. The payment of the sum of TWO THOUSAND FIVE HUNDRED SEVENTY FIVE
AND NO/100 ($2,575.00) DOLLARS cash in hand paid by Licensee to Licensor as a one-time fee for
the License, and
Anna —Taylor Drive Mile Post 306.10
1 of 7
2.03. The payment for the entire cost of constructing and maintaining the Permitted
Improvement, including any drainage facilities caused to be required thereof, and
2.04. The reimbursement by Licensee to the Railroad for all labor and materials necessary for
the construction of the Permitted Improvement within the limits of the ties and installation of the active
warning devices, within thirty (30) days upon presentation of invoice by the Railroad, and
2.05. The future costs of reconstuuction of the Permitted hmprovement within the limits of the
railroad ties. This area of the Permitted hmprovement may become impossible to maintain by the
Railroad due to deterioration or obsolescence of the crossing material. In the event maintenance is no
longer possible and reconstruction is necessary, Licensor and Licensee shall agree on the type of
reconstruction, and Licensor shall reconstruct the Permitted Improvement within the limits of the railroad
ties, at the sole cost of the Licensee.
3. Term. This License shall begin on the 1st day of , 2014, and shall be perpetual, subject to
termination by either party as provided herein.
4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility,
drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any
railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by
airy railroad, utility or communication company, public or private, for the use of the Property for facilities
presently located within the boundaries of the Property; and (c) to any existing lease, license or other
interest in the Property granted by Licensor to any individual, corporation or other entity, public or
private.
5. Design, Construction, Operation and Maintenance. Licensoe's use of the Property and adjoining
property may include the use of electrically powered equipment. Notwithstanding Licensors inclusion
within its system of measures designed to reduce stray current which may cause corrosion, Licensee is
hereby warned that such measures may not prevent electrical current being present in proximity to
the Permitted Improvement and that such presence could produce corrosive effects to the
Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim
arising from such corrosion.
5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any
way with the operations of Licensor or with any railroad operations. In particular, cathodic protection or
other stray current corrosion control measures of the Permitted Improvement as required shall be made a
part of the design and construction of the Permitted Improvement.
5.02. During the design phase and prior to commencing construction on the Property, a copy of
the construction plans showing the exact location, type and depth of the construction, any cathodic
protection measures and any working area, shall be submitted for written approval to Licensor and the
Railroad when the construction is going to be within the area of Railroad operations. Such approval shall
not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor
and Railroad.
5.03. Licensee agrees to design, construct, reconstruct and maintain the Permitted Improvement,
except the active wat•ning devices/signals, in such a manner so as not to create a hazard to the use of the
Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the
Property.
Anna —Taylor Drive Mile Post 306.10
2of7
5.04. Licensee agrees to institute and maintain a reasonable testing program to determine whether
or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should
become necessary, such protection shall be immediately instituted by Licensee at its sole cost and
expense.
5.05. Licensee covenants and agrees to contract and enter into a cost reimbursement agreement
with the Railroad to further specify how cost reimbursements will take place. Such reimbursements shall
include the original construction of Permitted Improvement within the limits of the ties. Licensee also
agrees to be responsible for the cost of future reconstruction of the Permitted Improvement upon the
expiration of the useful life.
5.06. Licensee or its contractor shall remove all trees and other vegetation within the raihoad
right of way for a distance of 500 feet in all four quadrants of the right of way.
5.07. Licensee shall be responsible for maintenance and liable for damage for any and all
additional drainage created by Licensee's project distributed onto and within Licensor's right of way from
the point of entry to the exit point of Licensor's Property.
5.08. Licensee shall provide traffic control and ail necessary safety measures during construction
or maintenance operations to accommodate work by Railroad.
5.09. Licensor makes no warranty regarding subsurface installations on the Property.
Licensee shall conduct its own inspection of same and will not rely on the absence or presence of
markers.
5.10. If at any time, in Licensor's determination, traffic volume or other circumstances should
warrant a grade separation for the Permitted Improvement licensed hereunder, Licensee shall be
responsible for the installation of such grade separation to Licensor's standards, at no cost to Licensor.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal,
state or local, and required to carry on any activity permitted herein.
7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor's
Construction Agreement And Contractor's Right of Entry covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to Licensor.
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of Licensor. If the
Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee and/or its
contractor shall immediately make appropriate replacement or repair the damage at no cost or expense to
Licensor. If Licensee or its contractor fails or refuses to make such replacement, Licensor shall have the
right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense
of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand.
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any local, state or federal laws pertaining to health or the enviromnent, including but not
Anna — Taylor Drive Mile Post 306.10
3 of 7
Limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean
Air Act ("CAA").
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal",
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
9.04. Licensee shall indemnify and hold Licensor and Raih•oad harmless against all cost of
environmental clean up to the Property resulting from Licensee's use of the Property under this
License.
10. Mechanic's Liens Not Permitted. Licensee shall fiully pay for all labor and materials used in, on, or
about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be
affixed against the Property by reason of any work done or materials furnished to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. After the Permitted hnprovement have been
constructed, the active warning devices/signals and the Permitted Improvement within the limits of the
railroad ties (subject to Paragraph 2.05 and 5.05) shall be maintained by the Railroad. Licensee shall
maintain all other Permitted Improvement. In the event the Licensee fails to maintain the Permitted
Improvement or Property as required, upon discovery, Licensor shall notify Licensee of such occurrence
in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of
such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost
and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee
agrees to immediately pay to Licensor all costs incurred by Licensor upon demand.
12. Future Use by Licensor.
12.01. This License is made expressly subject and subordinate to the right of Licensor to use the
Property for any purpose whatsoever.
12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its
sole discretion, determine that the relocation of the Permitted hnprovement shall be necessary or
convenient for Licensor 's use of the Property, or that the Permitted Improvement must be modified,
including but not limited to the installation of grade crossing signals, Licensee shall, at its sole cost and
expense make such modifications or relocate said Permitted Improvement so as not to interfere with
Licensoe's or Licensor's assigns use of the Property. In this regard, Licensor may, but is not obligated to,
designate other property for the relocation of the Permitted Improvement. Licensor shall give Licensee a
minimum of thirty (30) days written notice of any required relocation or modification. Licensee shall
promptly commence to make the required changes thereafter and shall diligently complete the
modification or relocation as required within a reasonable period.
Anna —Taylor Drive Mile Post 30610
4of7
13. Duration of License. This License shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event
Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance
with paragraph 18 of this License, whichever event first occurs; PROVIDED, HOWEVER, that any
indemnifications provided for herein shall survive such termination.
14. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the
Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold
Licensor harmless from any failure to so abide and all actions resulting therefrom. Licensee
acknowledges the Federal Railroad Administration (FRA) requirements for whistles at at -grade
public and private road crossings and requirements for Positive Train Control (PTC) for
controlling and monitoring train movements to assure safety and efficiency when passenger service
is implemented.
15. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and
the Railroad harmless against and from any and all loss, cost, damage or expense, including
attorney's fees and including, without limitation, claims of negligence, arising out of this License
(including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's
use in any way of the Property, or arising from any accident or other occurrence on or about the
Property, resulting in personal injury, death, or property damage, except to the extent fault is
judicially determined against Licensor.
16. Termination of License. At such time as this License may be terminated or cancelled for any reason
whatever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned
by it, situated in, under or attached to the Property and shall restore the Property to the condition existing
at the date of execution of this License, at Licensee's sole expense.
17. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or
permit any other person or entity to use the License hereby granted without the prior written consent of
Licensor which Licensor is under no obligation to grant.
18. Methods of Termination. This License may be terminated in either of the following ways:
18.01. Written agreement of both parties; or
18.02. By either party giving the other party thirty (30) days written notice.
19. Miscellaneous.
19.01, Notice. When notice is permitted or required by this License, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail,
Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
LICENSOR: Dallas Area Rapid Transit
P. O. Box 660163 Or 1401 Pacific Avenue
Dallas, Texas 75266-7210 Dallas, Texas 75202-7210
Attn: Railroad Management
Anna —Taylor Drive
Mile Post 30610
5 of 7
LICENSEE: City %J Anna
P.O. Box 776 Or 111 North Powell Parkway
Anna, Texas 7540M776 Anna, Texas 75409
Either party may from time to time designate another and different address for receipt of notice,
by giving notice of such change of address.
19.02. Governin Law. This License shall be construed under and in accordance with the laws
of the State of Texas.
19.03. Entirety and Amendments. This License embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written instrument executed by
the party against whom enforcement is sought.
19.04. Parties Bound. This License shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
19.05. Number and Gender. Words of any gender used in this License shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
19.06. Authorization. Licensee shall fiu•nish to Licensor a certified copy of minutes or a City
Resolution adopted by the governing body of Licensee, authorizing the execution of this License on
behalf of the Licensee, or other proof sufficient to establish the authority to execute this License.
19.07. No Joint Enterprise. The parties do not intend that this License be construed as finding
that the parties have formed a joint enterprise. The purposes for which each party has entered into this
License are separate and distinct. It is not the intent of any of the parties that a joint enterprise
relationship is being entered into and the parties hereto specifically disclaim such relationship. This
License does not constitute a joint enterprise, as there are no common pecuniary interests, no common
purpose and no equal right of control among the parties hereto.
19.08. Counterparts. The parties may execute this Agreement in multiple originals and when
taken together, those originals constitute a whole.
[Signatures on following page]
Anna —Taylor Drive
Mile Post 306.10
IN WITNESS WHEREOF, the parties have executed this License on the date last signed.
LICENSOR: DALLAS AREA RAPID TRANSIT
LICENSEE:
BY:
TIMOTHY H. MCKAY, P.E.
Executive Vice President
Growth/Regional Development
Date:
CITY OF ANNA
Date:
PHILIP SANDERS
City Manager
Anna —Taylor Drive Mile Post 306.10
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CITY OF ANNA, TEXAS
Item No. 2.W
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT:
Approve a Resolution regarding Final Plat of Anna Crossing Phase 1A.
Yes
10/28/14
Maurice Schwanke
SUMMARY:
This property is part of the Skorburg ATC property located south of County Road 422
and east of South Powell Parkway. Phase 1A contains 106 lots. The construction plans
have been reviewed by our Consulting City Engineer. The final plat has also been
reviewed by city staff and our consultant engineers. The staff recommends approval
of the final plat subject to the following conditions:
1. Owner shall complete and receive City approval of the construction plans
for all off -site utilities and infrastructure that are required to serve the
subdivision within thirty (30) days of the approval date of this Resolution.
Approval of this final plat shall be void if said construction plans are not
approved by the City Manager within thirty (30) days of the approval date
of this Resolution.
2. Owner shall not commence construction on off -site public utilities and
infrastructure required to serve the property until the easements upon
which said utilities and infrastructure are located have been properly
dedicated.
3. Owner shall comply with all applicable requirements outlined in the
Subdivision Improvement Agreement.
The Planning and Zoning Commission recommend approval of the final plat at their
meeting on September 8, 2014. The vote was unanimous.
STAFF RECOMMENDATION: Conditional Approval of Plat.
CITY OF ANIMA, TEXAS
RESOLUTION IMO.
A RESOLUTION OF THE CITY OF ANIMA, TEXAS OFFERING CONDITIONAL APPROVAL OF A FINAL PLAT
OF ANNA CROSSING, PHASE 1A.
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; and
WHEREAS, Anna Crossing Phase 1A, LTD., Anna Crossing AMC, LTD., and Anna Town Center
No.1/BRGT, LTD. ( collectively, "Owner") has requested that the City Council approve a final plat of
the subdivision known as Anna Crossing Phase 1A;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANIMA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Conditional Approval of Final Plat.
The City Council of the City of Anna, Texas hereby approves the final plat of Anna Crossing Phase 1A,
attached hereto as Exhibit 1, subject to the following terms and conditions:
1. Owner shall complete and receive City approval of the construction plans for all off -site
utilities and infrastructure that are required to serve the subdivision within thirty (30)
days of the approval date of this Resolution. Approval of this final plat shall be void if
said construction plans are not approved by the City Manager within thirty (30) days of
the approval date of this Resolution.
2. Owner shall not commence construction on off -site public utilities and infrastructure
required to serve the property until the easements upon which said utilities and
infrastructure are located have been properly dedicated.
3. Owner shall comply with all applicable requirements outlined in the Subdivision
Improvement Agreement (as amended), attached hereto as Exhibit 2.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 28th day of
October, 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mile Crist
CITY OF ANIMA, TEXAS RESOLUTION NO. PAGE 1 OF 1
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CITY OF ANNA, TEXAS
Item No. 5 h
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
10/28/14
Maurice Schwanke
Yes
AGENDA SUBJECT:
Approve a Resolution regarding Final Plat of Anna Crossing PH 1A & 1B Right -Of -Way
Dedication.
SUMMARY:
The final plat contains 5.048 acres of land that will provide the access for Anna Crossing
Phase 1A and beyond. The construction plans have been reviewed by our consulting
City Engineer. With the exception of some drainage information the construction plans
are acceptable. The Planning and Zoning Commission recommend approval of the Anna
Crossing PH 1A & 1B Right -of Way Dedication final plat at their meeting on September 8,
2014. The vote was unanimous.
STAFF RECOMMENDATION: Conditional approval of the plat.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA CROSSING PH 1A AND 1B
RIGHT-OF-WAY" FINAL PLAT GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED EAST OF S.H.
HWY. NUMBER 5 AND PART OF COUNTY ROAD 422 AND IS SUBJECT TO THE SUBDIVISION RULES
AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
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
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 of the City of Anna, Texas hereby approves the final plat of Anna Crossing PH 1A
and 1B Right -of -Way final plat, attached hereto as Exhibit 1, subject to the following terms and
conditions:
1. All Drainage calculations to be provided and approved prior to final acceptance of plat.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day of October,
M14.
ATTEST:
Natha Will<ison, City Secretary
1
APPROVED:
Mayor, Mile Crist
ogees
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CITY OF ANNA; TEXAS
Item No. 5 �i�
City Secretary's use only
City COunal Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
Chief Jenks
Contract amendments
AGENDA SUBJECT: Approve Resolutions amending/extending the agreements with
Collin County for Animal Control and Animal Sheltering Services for FY 2015
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 FY 2015 costs being levied by Collin County for Animal Control services is
$32,682.00 (an increase of $1,609) and for Animal Sheltering services is $23,554.00 (a
decrease of $1,536). Overall, the City will see a $73 increase in fees for both services.
This resolution allows the agreements to be amended to extend the Animal Control and
Animal Sheltering agreements through September 30, 2015.
STAFF RECOMMENDATION:
Approve the Resolution amending/extending the Animal Services/Shelter agreements
with Collin County.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF
THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES.
WHEREAS, the City Council %J the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Control Services to the citizens of
Anna is worthy of continuation; and
WHEREAS, the City Council approves Collin County's amendment to the current
Animal Control Services agreement, to include the following fee:
"The total amount for fiscal year 2015: $32,682.00
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 October, 2014.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
October 7, 2014
City of Anna
Attn: Mayor
PO Box 776
Anna, TX 75409
Re: Animal Control Services
1
Office of the Purchasing Agent
2300 Bloorndale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
The FY2015 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 FY2015 will be $32,682.00.
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} 548-4122 or Metro (972)
424-1460, ext. 4122.
Sir?'cerAly,
Judy Davis i
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/jd
Encl.
c: file
Office of the Purchasing Agent
Collin County Administration Building
COL L i N Contract Amendment Seven (7) 2300 Bloomdale Rd, Ste 3160
4p, COUNTY
McKinney, TX 75071
972-548-4165
Vendor: City of Anna Effective Date 10/1/2014
PO Box 776 Contract No. 10094-09
Anna, TX 75409 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,
2011-80140-10
Contract
Amendment
No.:
5
Court
Order
No.
2013-067-01-28
Contract
Amendment
No.:
6
Court
Order
No.
2014-082--2-10
Contract
Amendment
No..
7
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, 2014, continuing through and including September 30, 2015.
Total amount for fiscal year 2015:
$32,682.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be moed in wrng signed by both parties.
ACCEPTED BY:
CITY OF ANNA
PO Box 776
Anna, TX 75409
SIGNATURE
TITLE:
DATE:
ACCEPTED AND AUTHORIZED BY
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPB, CPPO
Purchasing Agent
DATE:
CITY OF ANNA, TEXAS
Item No. 2.M
City Secretary's use only
City COunal Agenda
Staff Report
Date: October 28, 2014
Staff Contact: Chief Jenks
Exhibits: Contract amendments
AGENDA SUBJECT: Approve Resolutions amending/extending the agreements with
Collin County for Animal Control and Animal Sheltering Services for FY 2015
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 FY 2015 costs being levied by Collin County for Animal Control services is
$32,682.00 (an increase of $1,609) and for Animal Sheltering services is $23,554.00 (a
decrease of $1,536). Overall, the City will see a $73 increase in fees for both services.
This resolution allows the agreements to be amended to extend the Animal Control and
Animal Sheltering agreements through September 30, 2015.
STAFF RECOMMENDATION:
Approve the Resolution amending/extending the Animal Services/Shelter agreements
with Collin County.
CITY OF ANIMA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF
THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL SHELTERING
SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Sheltering Services to the citizens of
Anna is worthy of continuation; and
WHEREAS, the City Council approves Collin County's amendment to the current
Animal Sheltering Services agreement, to include the following fee:
"The total amount for fiscal year 2015: $23,554.00
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 control agreement with Collin County.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of October, 2014.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
Office of the Purchasing Agent
2300 Bloomdale Road
CLLIN COUNTY Suite3160
McKinney, Texas 75071
www,collincountytx.gov
October 7, 2014
City of Anna
Attn: Mayor
P.O. Box 776
Anna, TX 75409
Re: Animal Shelter Services
The FY2015 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 FY2015 will be $23,554.00.
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) 548-4122 or Metro (972)
424-1460, ext. 4122.
ce
Ju�y Davis'
Co tin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/jd
Encl.
c: file
Vendor: City of Anna
P.O. Box 776
Office of the Purchasing Agent
Collin County Administration Building
Contract Amendment Eight (8) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
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
Contract
Amendment
No.:
8
Effective Date 10/1/2014
Contract No. 10097-09
Contract Interlocal Agreement for the Facility
Construction and Use of an Animal Shelter
in Collin Countv
2006-891-09-26
Court
Order
No,
2007-1008-11-13
Court
Order
No.
2008-883-10-14
Court
Order
No.
2009-703-09-14
Court
Order
No.
2011-004-01-03
Court
Order
No.
2011-803-10-10
Court
Order
No.
2013-068-01-28
Court
Order
No.
2014-083-02-10
Court Order No.
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Agreement shall be in effect from October 1, 2014, continuing through and including September 30, 2015 at the below rate:
Total amount for fiscal year 2015:
$ 23, 554.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in wrng signed by both parties.
ACCEPTED BY:
CITY OF ANNA
P.O. Box 776
Anna, TX 75409
SIGNATURE
TITLE:
D
ATE:
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:
CITY OF ANNA, TEXAS
Item No. 5 Ic
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
October 28, 2014
City Manager
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving a Settlement and Release
Agreement with Oncor Electric Delivery Company LLC.
SUMMARY:
Currently, there are about 414,000 streetlights throughout Oncor's service area,
315,000 of which are Oncor owned streetlights. Under the Energy Policy Act passed in
2005, manufacturers could not make mercury vapor lights after January 1, 2008.
Therefore, beginning in January 2008, Oncor began replacing all of its 175-watt mercury
vapor streetlights with 100-watt high pressure sodium lights. Under Oncor's tariff, the
mercury vapor bulbs were charged at $10.47 per month; however, the replacement high
pressure sodium bulbs are charged at $10.19 per month. Additionally, while the
mercury vapor bulbs were calculated at 70 kWh per month, the high pressure sodium
bulbs are only calculated at 40 I<Wh per month. Therefore, cities should have seen a
savings in streetlight charges as the bulbs were replaced.
Due to an error on Oncor's part, many of the changes to the streetlight inventory were
not changed in Oncor's Distribution Information System which is used to bill for
streetlights. As a result, Oncor recognized that some of its streetlights were billed
incorrectly by charging for the higher cost mercury vapor bulbs after the high pressure
sodium bulbs had been installed. Additionally, Oncor has become aware that it was
charging for streetlights that had been removed from service due to situations such as
construction or accidents. Overall, Oncor estimates that approximately 5% of its
streetlights fall into one of these categories of error. Of this 5% error rate, 78% of those
errors are lights affected by the database updating error and 19% of those errors are
associated with cities being charged for nonexistent lights.
To remedy these errors, Oncor has hired a contractor to verify its inventory of
streetlights in the field and update the database accordingly. As this contractor updates
the inventory, Oncor is providing refunds for any discrepancies in streetlight charges,
dating back to January 1, 2008, with interest at the Public Utility Commission approved
interest rate. Oncor anticipates that this process will take two and a half to three years
to complete. As of the end of June 2014, Oncor had verified 42,860 lights in 58 cities. Of
the cities that have been reviewed, Oncor estimates 10% contained no errors, and 90%
had some errors.
In the audit of the City of Anna street lights, Oncor idened a few errors in the
numbers of certain types of street lights, and is offering the City $11,017.85 to settle the
billing error.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Settlement Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SETTLEMENT AND
RELEASE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPNAY LLC.
WHEREAS, Due to Cl" error on Oncor'a part, some of the changes to the City's streetlight
inventory were not changed in Oncor's Distribution Information System which is used to bill
for streetlights.; and
WHEREAS, to remedy these errors, Oncor has hired a contractor to verify its inventory of
streetlights in the City of Anna, Texas (the "City") and update the database accordingly; and
WHEREAS, the City Council finds that approval of an agreement to settle and resolve any
disputes and claims arising out of or related to the billings by Oncor for street lights located in
the City, is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT.
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Settlement and Release Agreement.
The City Council of the City of Anna, Texas hereby approves the Settlement and Release
Agreement, attached hereto as Exhibit 1, and authorizes, ratifies and approves the City
Manager's execution of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 28tn
day of October, 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
SETTLEMENT AND RELEASE AGREEMENT'
This Settlement and Release Agreement (the "Agreement") is made and entered into as of
May 1, 2014 (the "Effective Date") by and between Oncor Electric Delivery Company LLC
("Oncor") and the City of Anna, Texas (the "City").
WHEREAS, Oncor and the City agree that Oncor and its predecessors in interest have
been billing —either directly to the City prior to the start of retail competition in January 2002 or
to retail electric providers serving the City since the start of retail competition in January 2002 —
for providing service to umnetered street lights (the "Street Lights") for which the City is the
end -use customer; and
WHEREAS, Oncor and the City agree that Oncor's billings have, for an undetermined
period of time, been inaccurate with respect to the number and/or type and/or size of Street
Lights for which the City is the end -use customer; and
WHEREAS Oncor and the City recognize that the information is not readily available to
determine the exact number, type and size of streetlights provided by Oncor during the past; and
WHEREAS the overbilling of street light numbers has resulted in City paying excess
charges not only for transmission and distribution service, but also for energy; and
WHEREAS, Oncor and the City wish to avoid the expense of proceedings at either the
Public Utility Commission of Texas or state district courts and
WHEREAS, Oncor wishes to avoid the expense Oncor would incur if it were required to
cancel/rebill prior bills or invoices to the City or to the City's retail electric provider(s).
NOW, THEREFORE, in order to fully and finally resolve all disputes and claims
arising out of or related to the billings by Oncor, Oncor's predecessors in interest, the City's
retail electric providers, and the affiliated companies of each, for electricity consumed by the
Street Lights, and for the mutual covenants set forth in this Agreement, the adequacy and
sufficiency of which is acknowledged, Oncor and the City agree as follows.
1. PAYMENT TO THE CITY
No later than 30 days after the latest signature date set below, Oncor will pay the City the
sum of $11,017.85.
1
2. RELEASE OF ONCOR AND ITS AFFILIATES, AND OF RETAIL ELECTRIC
PROVIDERS WHO PROVIDED STREET LIGHT SERVICE TO THE CITY
The City, on behalf of itself and its successors and assigns and any and all persons,
entities or municipalities claiming by, through or under them, hereby RELEASES,
DISCHARGES AND ACQUITS, forever and for all purposes, Oncor, its predecessors in
interest, and each of their respective agents, employees, officers, directors, shareholders,
partners, insurers, attorneys, legal representatives, successors, and assigns, as well as all
affiliated companies, including TXU Energy Company LLC and its subsidiaries, as well as all
retail electric providers from whom the City has taken retail electric service, from and against
any and all liability which they now have, have had, or may have, and all past, present and future
actions, causes of action, claims, demands, damages, costs, expenses, compensation, losses, and
fees of any kind or nature whatsoever, whether known or unknown, fixed or contingent, in law or
in equity, whether asserted or unasserted, whether now existing or accruing in the future, arising
out of or related to the calculation, reporting, billing or invoicing of charges to the City for
electric service for Street Lights through May 1, 2014.
3. AGREEMENT AS TO ACCURACY OF CURRENT STREET LIGHT BILLING
INFORMATION
City does not dispute and agrees not to dispute that the current Street Light billing
informatI
on being used by Oncor for the City's Street Lights, including but not limited to the
number, types and sizes of Street Lights, as detailed on Attachment A, is accurate.
4. WARRANTY AS TO AUTHORITY
Oncor and the City each warrant that the person executing this Agreement on their behalf
has the authority to bind the entity for whom such person signs this Agreement.
5. MISCELLANEOUS PROVISIONS
A. The parties acknowledge and agree that the terms of this Agreement are all
contrachYal and not mere recitals.
B. The parties acknowledge that they have read this Agreement in its entirety,
understand its terms, and that this Agreement is entered into voluntarily, without duress, and
with full knowledge of its legal significance.
C. This Agreement may not be modified in any manner, nor may any rights provided
for herein be waived, except in an instrument in writing signed by each party.
2
Texas.
D. This Agreement shall be construed in accordance with the laws of the State of
E. This Agreement, and any amendment hereto, may be executed in one or more
counterparts. All of such counterparts shall constitute one and khe same agreement. The parties
expressly agree that any counterparts signed and delivered by electronic copy or facsimile shall
be deemed original document and shall legally bind the parties to the same extent as originals.
IN WITNESS THEREOF, each party, by its duly authorized representative, has
executed this Agreement as of the applicable date set forth Uelow, and by such execution, giving
the Agreement full force and effect as of the Effective Date.
ONCOR ELECTRIC DELIVERY COMPANY LLC
By:
Its: Vice President
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of , 2014,
by , of Oncor Electric Delivery Company LLC, on behalf of said entity.
Notary PuUlic, State of Texas
THE CITY OF
TEXAS
3
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
W14, by , on behalf of the City of , Texas.
Notary Public, State of Texas
0
ATTACHMENT A
CITY OF ANNA
STREET LIGHTING BILLING TABLE AS OF MAY 1, 2014
Account Description
b003057 ANNA, CITY OF (100,HP,A)
4391998 ANNA, CITY OF (1751MV,A)
8361924 ANNA, CITY OF (2001HP,A)
4392029 ANNA, CITY OF (2501HP,A)
4392091 ANNA, CITY OF (4001HP,A)
4392060 ANNA, CITY OF (400, MV,A)
Current Count Last Run Watfiage Type Schedule
139 05/01/2014 100 HP A
13 05/01/2011 175 MV A
32 05/01/2014 200 HP A
8 05/01/2014 250 HP A
3 05/01/2014 400 HP A
9 05/01/2014 400 MV A
5
Wattage Correction Changes'" ($227.42)
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CITY OF ANNA,TEXAS
Item NO. UI
City Secretary's use only
City Council Agenda
Staff Report
Date: 10/28/14
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution regarding West Crossing Phase 5 preliminary plat.
SUMMARY:
The West Crossing preliminary plat contains 17.937 acres located in the Henry Brantley
Survey, Abstract No. 71, Within this project 63 residential lots are proposed. With the
develop of this area the adjacent thoroughfares will be constructed which includes two
lanes of Hackberry Drive as well as 2 lanes of West Crossing Blvd. The plat layout is in
conformance with the existing zoning. The proponent is requesting a variance to the
double frontage setback requirement. The Planning and Zoning Commission
recommend approval of the preliminary plat at their meeting on October 6, 2014. The
vote was unanimous.
STAFF RECOMMENDATION: Approval of the Plat Subject to the recommended variance
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "WEST CROSSING PHASE S"
PRELIMINARY PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED WEST OF WEST
CROSSING BOUVELARD AND NORTH OF HACKBERRY AND IS SUBJECT TO THE SUBDIVISION RULES
AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
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
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 of the City of Anna, Texas hereby approves the preliminary plat of West Crossing
Phase 5 preliminary plat, attached hereto as Exhibit 1, subject to the following variance:
1. Variance to the required double frontage standard.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day of October,
2014.
ATTEST:
Natha Will<ison, City Secretary
1
APPROVED:
Mayor, Mike Crist
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CITY OF ANNA,TEXAS
Item NO. 5 m
City Secretary's use only
City Council Agenda
Staff Report
Date: 10/28/14
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution regarding Avery Pointe preliminary plat.
SUMMARY:
The Avery Pointe preliminary plat contains 138.848 acres located in the Francis T Duffau
Survey, Abstract No. 228. Within this project 556 residential lots and 13 common areas
are proposed. One of the common areas is a potential 4.4 acre park site in the
northwest quadrant of the plat where a significant stand of mature trees exist. The
other common areas are along the major thoroughfares, an amenity center, and
detention ponds. The plat layout is in conformance with the proposed zoning that has
been approved by the Planning and Zoning Commission and will be before the City
Council on October 14t". Phases 1 and 2 of this proposal can sewer to the southeast
while phases 3 and 4 sewer to the southwest. Adequate sewer capacity is currently not
available downstream. The City does not foresee problems with phase I and 2,
however, improvements sewer improvements downstream will need to occur prior to
the submittal of a final plat for phase 3 and 4.
STAFF RECOMMENDATION:
The Planning and Zoning Commission recommend approval of the preliminary plat at
their meeting on October 6, 2014. The vote was unanimous.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "AVERY POINTE" PRELIMINARY
PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED NORTH OF WEST WHITE STREET
BETWEEN THE FALL SUBDIVISION AND WEST CROSSING SUBDIVISION AND IS SUBJECT TO THE
SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
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
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 Avery Pointe preliminary plat. The City Council of the City of
Anna, Texas hereby approves the preliminary plat of Avery Pointe, attached hereto as Exhibit 1,
subject to the following terms and conditions:
1. Available sewer capacity for phases 3 & 4 is currently not available. These phases will
require downstream improvement solutions.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day of October,
2014.
ATTEST:
Natha Will<ison, City Secretary
1
APPROVED:
Mayor, Mile Crist
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MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
August 4, 2014
The Planning and Zoning COnllnisslozl of the City of Antra will held its regular sleeting on
August 4, 2014, 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.
l . Call to order and establishment of quorum.
The meeting was called to order at 7:07 pan. by Chairman Burr. Members present were
Justin Burr, Sandy Setliff, Tiffany Burleson, Elaine Gothard, John Johnson, and Lee
Miller. Darrin Colombo was absent from meeting. Staff present was Maurice Schwanke
and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Sclzwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act ou recomnletldation regarding "Hopewell Addition" development
plat.
A motion vas made by Iv1s. Setliff, seconded by Mr. Miller to recommend approval of
the development plat. The vote was unaramous.
4. Cotzsider/Discuss/Act on recomtnetldatiotl regaz•ditlg "Anna Tawn Center Concept Plan"
and "Wahnart Development Plan"
Bill Dahlstrom, representative for Walmart, gave a brief presentation and answered
questions from the Conlnlission.
A motion was made by Ms. Se#riff, seconded by Ms. Gothard to recommend approval of
the Walmart Developmen#Plan. 5 ayes 1 nay {John Joluzson)
5. a) Public Hearing: To consider public comments on a request by Durrie T. Caldwell and
Leland R Caldwell, owners of property, to change the existing Planned Developtnezlt
Single .Family Residential zoning by (Ordinance No. 80-2003) to potential Residential
with town homes, garden homes and/or apartments; and 10 acres to (Cl) Restricted
Commercial. The subject property is located on west White Street, west of the Oak
Hollow subdivision and south of West White Street. The tract is approximately 51 acres
of land.
Don Collins, part: owner of the property, gave a presentation and answered questions
from the Canunission. Judith Waldrop, 929 Bens Drive, was opposed to the development
and expressed her concerns to the Conlnlission. The public hearing closed at 7$54 p.m.
b) Consider/Discuss/Act on recommendation regarding atl ordinance to change the
existing Planned Development zoning (Ordinance No. 80-2003) to potential Residential
with town homes, garden homes and/or apartments; and 10 acres to (Cl) Restricted
P7 Minutes Nw04-14.doc Page 1 of 2 W04-14
Commercial. The subject property is located on west White Street, west of the Oak
Hollow subdivision and south of West White Street. The tract is approximately 51 acres
of land.
After a brief discussion a motion was made by Mr. Johnson, seconded by Chairman Burl•
to approve the zoning request. 5 ayes I nay (Tiffany Burleson)
6. a) Public Hcaring: To consider public comments on a request by owners of the property
to change zoning from SF4 (Single Fanuly Residential) and Planned Development to
Planned Development for Downtown Rc-development. The property is generally located
north of Second Street and west of North Powell Pkwy.
The public hearing opened at 8:10 p.m. The public hearing closed at 8:15 p.m.
b) Consider/Discuss/Act on reconnnmendation regarding an ordinance to change zoning
from SF-1 (Single Family Residential) and Plamied Development to Planned
Development for Downtown Re -development. The property is generally located north of
Second Street and west of North Powell Pkwy
A motion was nnade by Chairman Burr, seconded by Mr. Miller to approve the zoning
request. The vote was unanimous.
7. Consider action to approve Minutes of the July I4, 2014 special Planning and Zoning
Commission Meeting.
A motion was made by Chairman BuI•r, seconded by Ms. Burleson to approve the
Minutes of the July 14, 2014 meeting. The vote was unanimous.
8. Adjourn.
There being no fi�rther business, a motion rvas made by Chairnnl•tnn Buli• to adjourn
meeting. The meeting adjourned at 8:2I p.m.
Maurice Se11�vanke
Director of Platming and Development
ATTEST:
PZ Minutes 08-04-14.doc Page 2 of 2 08-04-14
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
September S, 2014
The Planning and Zoning Commission of the City of Anna will held its regular meeting on
September 8, 2014, 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 7:06 pan, by Chairman Burr. Members presezzt were
Justin Burr, Sandy Setlif, , Tiffany Burleson, Elaine Gothard, Darrin Colombo and Lee
Miller. Mr. Johnson had an excused absent from meeting. Staff present was Maurice
Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiazzce.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Balsamo Addition" development
plat.
Mr. Schwanke gave a presentation regarding the development plat. The development plat
submitted is located within the extraterritorial jurisdiction of the City. The tract is in the
Henzy Hahn Survey and contains approximately 49 acres of land, The property is located
west of East Fork Trinity River and north of County Road 1005, The owner is proposing
to build a house on the tract. The plat meets the City of Anna development plat
requirements, Mr. Schwanke noted that the Staff recommends approval of the
development plat.
A motion was made by Ms. Setliff, seconded by Mr. Burr to recommend approval of the
alpha. The vote was unanimous.
4. Consider/Discuss/Act an recommendation regarding "SASH Investments Addition" final
plat.
Mr. Schwanke gave a presentation regarding the final plat. He noted that the plat is part
of a larger lot that was subdivided illegally. As such the remedy is for the owners of the
tract to re -plat with a public hearing at the City Council. He also noted that additionally,
the City is encouraging the remainder tract owners to also re -plat their property. The
staff is recommending approval of this re -plat,
A oration was made by Chairman Burr, seconded by Ms. Setliff to recommend approval
of the final plat. The vote was unanimous.
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.
PZ Agenda 09-Oii-14.doc Page 1 of 4 Posted 09-0514
5. Consider/Discuss/Act on recommendation regarding "Mina Crossing PH IA" final plat,
Mr. Schwanke gave a presentation, The property is part of the Skorburg AC property
located south of County Road 422 and east of South Powell Parkway. Phase IA contains
106 lots, The construction plans have been reviewed by our Consulting City Engineer,
The final plat has also been reviewed by city staff and our consultant engineers. Mr.
Schwanke noted that staff recommends approvat of the final plat, The preliminary plat.
was approved by Council on July 30, 2013.
John Amold, representative far the Skorburg Company, was present but did not give a
presentation.
A motion was made by Ms. Gotlrard, seconded by Mr. Miller to recommend approval of
the final plat. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "Atuia Crossing PH 1A & 1B Right -
of -Way Dedication" final plat.
Mr, Sclrwanlce gave a presentation regarding plat and answered questions from the
Commission. He noted that the final plat contains 5.048 acres of land that will provide
the access for Anna Crossing Phase 1 A and beyond. The construction plans have been
reviewed by our consulting City Engineer. The staff is recommending approval of the
plat.
A motion was made by Ms, Setliff, seconded by Ms. Burleson to recommend approval.
The vote was unanimous.
7, (a) Public Hearing: To consider public corzunents on a request by owners} of property to
replace the existing Planned Development (Ord. No. 55-2003 and 2001-18) providing far
larger lot sizes (single family residential). The property is located north of west White
Street (FM 455) west of Hwy 75.
The public hearing was opened at 7:26 Mr. Schwanke gave a presentation and
answered questions from the Coninussion, The zoning submittal consists of
approximately 368 total acres of land within the City of Anna, The uses proposed for
the Property follow the intent of the City of Amia Comprehensive Plan. This proposat
creates a master planned community featuring a mixture of housing types that should
encourage sustainable neighborhoods. Proposed in this PD are integrated parks and open
space to preserve area designated within the 100-year floodplain. This will protect
existing stream corridors and other physical assets as amenities. A fire station will be
incorporated in the development as well as an amenity center, This property commonly
known as The Villages of Hurricane Creek will include a specific lot type in order to
achieve the goals established for the district. The SF-84 lots will vary from 70' — t00, in
width and from 120' — 150' in depth with lot sizes with a minimum of 8,400 square feet.
This PD will replace an existing small lot entitlement PD. The staff is recommending
approval of this zoning request.
Persons with a disability who want io 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 arrange►nents can be made.
PZ Agenda 09-08-14.doc Page 2 of 4 Posted 09-0514
Representatives, Marc Paquette, Kirk Eaten and Travis Edon, were present for the
ecting. Mr. Eaten gave a presentation and answered questions from the Commissi
mon.
The public hearing closed at 7:25 p.m.
(b) Consider/Discuss/Act on recommendation regarding an ordinance to zeplace the
existing planned development zoning requiring larger lot sizes (single family residential)
on the property. The property is located north of west White Street (FM 455) west of
Hwy 75,
A motion was made by Chairman Burt•, seconded by Ms. Gotllard to recommend
approval of the zoning request. The vote was unanimous.
8. (a) PuUlic Hearing: To consider public comments on a request by owtzer(s) of the
property to replace the existing Planned Development zoning ordinances (. No 226-2005
and 179-2005) to larger lot sizes (single family residential) on a portion of the property
and reduce the commercial property for additional residentially zoned property. The
property is located north of west White Street (FM 455).
'fhe public hearing was opened at 7:26 p.m. Mz•. Schwanke gave a presentation regarding
zoning request. This request is to rezone approximately 41.2 acres of land located north
of West White Street between the Falls subdivision to the west and West Crossing and
Settlers Way to the East on the "Rudman 455 Property". This property is presently
governed by a Planned Development zoning district which was approved by Council
February, 2005, The current zoning on these three parcels allows for both single family
and commercial development. The re -zoning would requite larger lot sizes (7,200 sq. ft.
minimum versus 6,200 sq. ft. minimum) on a portion of the property and convert a
portion of the commercial property to single family residential at the same standards
approved for residential by the previous zoning that has been approved for the property.
Mr. Schtvanlce noted that the Building Materials should have the reference to Shucco and
approval by City Council removed. The Staff is recommending approval of this request
subject the Stucco Removal,
Jerry Silo, representative from JBl Partners, gave a presentation and answered questions
from the Connnission. One residence near the proposed area had questions regarding the
zoning.
(b) Cotzsider/DiscusslAct on t'ecotmnettdatiotz regarding an ordinance to change the
existing Planned Development zonings) (Ord. No 226-2005 and I79-2005) to larger lot
sizes (single family residential) on a portion of the property and reduce the commercial
property for additional residentially zoned property. The property is located north of
west White Street (FM 455).
A motion was made by Chairman Burr Buzz' to approve the totting request with the condition
that the stucco Ue removed froth the noting request. Mt•. Miller seconded the motion.
The vote was unanimous.
9. Consider action to approve Minutes of the August 4, 2014 Planning and Zoning
Commission meeting.
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.
Pz Agenda 09-08-14.doc Page 3 of 4 Posted 09-0544
I0.
A motion was made by Chairman Burr, seconded by Ms. Setliff to approve the Minutes
of the August 4"', 2014 meeting. The vote was unanimous.
Adjourn
There being no firrther business, a motion was made by Chairman Burl• to adjourn
meeting. Ms. Burleson seconded the motion. The vote was unanimous. The meeting
adjourned at 7:52 p.m.
Director of Plaruring and Development
ATTEST:
Persons with a disability who want to attend ihls meeting who may need assistance should contact the Cify
Secretary, at 972-924-3325 iwo working days prior to the meeting so that appropriate arrangements can be made.
Pz Agenda 09-08-14.doc Page 4 of 4 Posted 09-0514
CITY OF ANNA, TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
Clayton Fulton
AGENDA SUBJECT:
Consider adoption of an ordinance authorizing the issuance and sale of City of Anna, Texas
combination tax and revenue refunding bond, taxable series 2014A, providing for the
payment of said bond, and enacting other provisions relating to the subject.
SUMMARY:
During the October 14, 2014 City Council meeting our financial advisors presented the
plan of finance to refund certain outstanding debt instruments. The refundings are being
pursued for financial and strategic purposes.
The 2014A refunding will provide for the refunding of debt issued to construct water and
sewer facilities. The refunding bonds are being placed privately through a placement
agent. This agent will market our refunding bond to potential investors and rather than
place on the open market.
The bonds will be priced on Monday October 27 and results from the pricing will be
presented at the council meeting. It is anticipated that the 2014A refunding will result in
a long term loss to the City. The debt is being refunded for strategic purposes to avoid a
significant spike in debt service that would have an adverse effect upon water rates in the
short run and provide savings through 2019.
STAFF RECOMMENDATION:
Approve the attached ordinance.
ORDINANCE NO. -2014
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF ANNA, TEXAS
COMBINATION TAX AND REVENUE REFUNDING BOND, TAXABLE SERIES 2014A,
PROVIDING FOR THE PAYMENT OF SAID BOND, AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ANNA §
WHEREAS, there are presently outstanding the following obligations (the "Refunded
Obligations") of the City of Anna, Texas (the "Issuer"), which are secured by a pledge by the Issuer
to levy ad valorem taxes sufficient to pay principal of and interest on such obligations as they
become due within the limit prescribed by law, and a limited pledge of certain revenues of the
Issuer's waterworks and sewer system to further secure such obligations:
Combination Tax and Revenue Refunding Bond, Series 2009
SCHEDULED
PAYMENT
DATE
2/15/2015
2/15/2016
2/15/2017
2/15/2018
2/15/2019
AMOUNT
OUTSTANDING($)
4255000
450,000
470,000
4903000
5005000
REFUNDED
AMOUNT($)
425,000
4509000
470,000
490,000
500,000
WHEREAS, the Issuer now desires to refund all of the Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding
bonds and to deposit the proceeds from the sale thereof, together with any other available funds or
resources, directly with a paying agent for the Refunded Obligations or a trust company or
commercial bank that does not act as a depository for the Issuer and is named in these proceedings,
and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the
making of firm banking and financial arrangements for the discharge and final payment of the
Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter
into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust
company or commercial bank with respect to the safekeeping, investment, reinvestment,
administration and disposition of any such deposit, upon such terms and conditions as the Issuer and
such paying agent or trust company or commercial bank may agree;
WHEREAS, the Escrow Agent (as hereinafter defined) is a commercial bank that does not
act as a depository for the Issuer;
WHEREAS, the City Council of the Issuer hereby finds and declares a public purpose and
deems it in the best interests of the Issuer to refund the Refunded Obligations in order to restructure
the Issuer's outstanding debt service, and hereby finds and determines that the maximum amount by
which the debt service requirements scheduled to come due on the Bond exceeds the gross debt
service requirements that would have come due on the Refunded Obligations, had the Refunded
Obligations remained outstanding through their respective maturities, is $ ; and
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to
maturity within 20 years of the date of the bond hereinafter authorized;
WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to the
Constitution and laws of the State of Texas, including Chapter 1207.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. AMOUNT AND PURPOSE OF THE BOND. The City Council of the Issuer
hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and
further finds and determines that said recitals are true and correct. The bond of the City of Anna,
Texas (the "Issuer") is hereby authorized to be issued and delivered in the aggregate principal
amount of $ FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS AND TO PAY THE COSTS OF ISSUANCE RELATED
THERETO,
Section 2. DESIGNATION, DATE, DENOMINATION, PAYMENT DATES AND
INTEREST RATE OF BOND. The on issued pursuant to this Ordinance shall be designated:
CITY OF ANNA, TEXAS COMBINATION TAX AND REVENUE REFUNDING BOND,
TAXABLE SERIES 2014A," and there shall be issued, sold, and delivered hereunder one fully
registered Bond, without interest coupons, dated November 1, 2014, in the principal amount stated
above, numbered R-1, with any Bond issued in replacement thereof being in the denomination and
principal amount of $ or the remaining principal amount of the outstanding Bonds of
this series if an exchange of a Bond is made after a reduction in the principal amount of the series
the "Authorized Denomination"), and numbered consecutively from R-2 upward, payable to the
registered owner thereof, or to the registered assignee of said Bond (in each case, the "Holder").
Principal on the Bond shall be payable in installments in the amounts and on the dates specified in
the FORM OF BOND set forth in this Ordinance. The Bond shall bear interest from the date of
delivery to the date of payment or prepayment prior to maturity, calculated on the basis of a 360-day
year of twelve 30-day months. Said interest shall be payable at such rates and in the manner
provided and on the dates stated in the FORM OF BOND set forth in this Ordinance.
2
Section 3. CHARACTERISTICS OF THE BOND.
(a) Registration Transfer and Exchange; Authentication. The Issuer shall keep or cause
to be kept at the a corporate trust office of [NAME OF PAYING AGENT/REGISTRAR], [CITY],
[STATE] (the "Paying Agent/Registrar"), books or records for the registration of the transfer of the
Bond (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and make such registrations of transfers
under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the
Paying Agent/Registrar shall make such registrations and transfers as herein provided within three
days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record
in the Registration Books the address of the Holder of the Bond to which payments with respect to
the Bond shall be mailed, as herein provided; but it shall be the duty of the Holder to notify the
Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such
interest payments shall not be mailed unless such notice has been given. The Issuer shall have the
right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless
otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay
the Paying Agent/Registrar's standard or customary fees and charges for making such registration
and transfer of a substitute Bond. Registration of assignments and transfers of the Bond shall be
made in the manner provided and with the effect stated in the FORM OF BOND set forth in this
Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other
Bond.
Except as provided in Section 3(c) hereof, an authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and
no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The
Paying Agent/Registrar promptly shall cancel a Bond surrendered for transfer or the Bond when paid
in full. No additional ordinances, orders or resolutions need be passed or adopted by the governing
body of the Issuer or any other body or person so as to accomplish the foregoing transfer of any
Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and
delivery of the substitute Bond in the manner prescribed herein. Pursuant to Subchapter D, Chapter
1201, Texas Government Code, the duty of transfer of the Bond as aforesaid is hereby imposed upon
the Paying Agent/Registrar, and, upon the execution of said Bond, said Bond shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Bond which
initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General of
the State of Texas (the "Attorney General"), and registered by the Comptroller of Public Accounts
of the State of Texas (the "Comptroller").
(b) Payment of Bond and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for• paying the principal of and interest on the Bond, all
as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond and shall
properly and accurately record all payments on the Bond on the Registration Books, and shall keep
proper records of all transfers of the Bond, and all replacements of the Bond, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and
for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date")
will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States mail, first-
class postage prepaid, to the address of the Holder appearing on the Registration Books at the close
A business on the last business day next preceding the date of mailing of such notice.
(c) In General. The Bond (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bond to be payable only to the Holder thereof,
(ii) may be redeemed prior to maturity, (iii) may be transferred and assigned, (iv) shall have the
characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and
interest on the Bond shall be payable, and (vii) shall be administered and the Paying Agent/Registrar
and the Issuer shall have certain duties and responsibilities with respect to the Bond, all as provided,
and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this
Ordinance. The Bond initially issued and delivered pursuant to this Ordinance is not required to be,
and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued
in exchange for any Bond the Paying Agent/Registrar shall execute the PAYING
AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM
OF BOND.
(d) Substitute PaxingAgent/Re isg tsar. The Issuer covenants with the Holder ofthe Bond
that at all times while the Bond is outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution or other agency to act as and perform the services
of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying Agent/Registrar
will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 40 days written notice to the Paying Agent/Registrar, to be
effective not later than 30 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants
that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records
relating to the Bond, to the new Paying Agent/Registrar designated and appointed by the Issuer.
Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice
thereof to be sent by the new Paying Agent/Registrar to the Holder of the Bond, by United States
mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(e) On the closing date, the initial Bond No. R-I representing the entire principal amount
of the Bond, payable to the Purchaser, executed by manual or facsimile signature of the Mayor or
Mayor Pro-Tem and City Secretary of the Issuer, approved by the Attorney General, and regi
Mstered
and manually signed by the Comptroller, will be delivered to the Purchaser or its designee.
Section 4. FORM OF BOND. The form of the Bond, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of the
Comptroller's Registration Certificate to be attached to the Bond initially issued and delivered
pursuant to this Ordinance, shall be, respectively, substantially as provided in Exhibit A hereto, with
such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
Section 5. TAX LEVY; SURPLUS REVENUES.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be
used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and
collected for and on account of said Bond shall be deposited, as collected, to the credit of said
Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the
governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that
will be sufficient to raise and produce the money required to pay the interest on said Bond as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said
Bond as such principal matures (but never less than 2% of the original amount of said Bond as a
sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer,
with frill allowances being made for tax delinquencies and the cost of tax collection. Said rate and
amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable
property in said Issuer, for each year while any of said Bond is outstanding and unpaid, and said tax
shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest
and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and
principal of said Bond, as such interest comes due and such principal matures, are hereby pledged
for such payment, within the limit prescribed by law.
(b) That said Bond is additionally secured by the revenues of the Issuer's waterworks and
sewer system that remain after payment of all expenses of operation and maintenance thereof, and
all debt service, reserve, and other requirements in connection with all of the Issuer's revenue bonds
or other obligations (now or hereafter outstanding), which are secured by a lien on all or any part
of the revenues of the Issuer's waterworks and sewer system, constituting "Surplus Revenues", such
Surplus Revenues pledged to the payment of the Bond not to exceed $1,000. The Issuer shall
deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to
Subsection (a) of this Section, to the extent necessary to pay the principal and interest on the Bond.
Notwithstanding the requirements of Subsection (a) of this Section, if Surplus Revenues or other
lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in
advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount
of taxes that otherwise would have been required to be levied pursuant to Subsection (a) of this
5
Section may be reduced to the extent and by the amount of the Surplus Revenues then on deposit
in the Interest and Sinking Fund.
(c) Chapter 1206, Texas Government Code, applies to the issuance of the Bond and the
pledge of the taxes and revenues granted by the Issuer under this Section, and is therefore valid,
effective, and perfected. Should Texas law be amended at any time while the Bond is outstanding
and unpaid, the result of such amendment being that the pledge of the taxes and revenues granted
by the Issuer under this Section, is to be subject to the filing requirements of Chapter 9, Texas
Business & Commerce Code, in order to preserve to the registered owner of the Bond a security
interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and
necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business
& Commerce Code and enable a filing of a security interest in said pledge to occur.
Section 6. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions:
(a) The Issuer• may from tune to time, without the consent of the Holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure
any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the
interests of the Holder, (ii) grant additional rights or security for the benefit of the Holder, (iii) add
events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the Holder, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion of nationally -recognized bond counsel materially adversely affect the interests of the Holder.
(b) Except as provided in paragraph (a) above, the Holder of the Bond shall have the
right from time to time to approve any amendment hereto that may be deemed necessary or desirable
by the Issuer; provided, however, that without the consent of the Holder of the Bond, nothing herein
contained shall permit or be construed to permit amendment of the terms and conditions of this
Ordinance or in the Bond so as to:
(1) Make any change in the final maturity or any other date fixed hereby for the
payment of an installment of principal of the Bond;
(2) Reduce the rate of interest borne by the Bond;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on the Bond;
(4) Modify the terms of payment of principal or of interest or redemption
premium the Bond or impose any condition with respect to such payment; or
(5) Change the requirement with respect to approval by the Holder of the Bond
necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to the Holder of the Bond a copy of the proposed amendment.
(d) Whenever at any time within one year from the date of the mailing of such notice the
Issuer shall receive an instrument or instruments executed by the Holder of the Bond, which
instrument or instruments shall refer to the proposed amendment and shall specifically consent to
and approve such amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the rights, duties, and obligations of the Issuer and the Holder of the
Bond shall thereafter be determined, exercised, and enforced, subject in all respects to such
amendment.
For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the
registration of the ownership of such bond on the Registration Books kept by the Paying
Agent/Registrar,
Section 7. DEFEASANCE OF BOND.
(a) The Bond or a portion of the principal amount thereof and the interest thereon shall
be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning
of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of
the principal of the Bond, plus interest thereon to the due date (whether such due date be by reason
of payment, final maturity or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date
by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with
an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability of sufficient money to provide for such payment, and when proper arrangements
have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until
the Defeased Bond shall have become due and payable. At such time as the Bond or a portion
thereof shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond or portion thereof
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities, and
thereafter the Issuer will have no further responsibility with respect to amounts available to the
Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment
of such Defeased Bond, including any insufficiency therein caused by the failure of the Paying
Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when
due on the Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bond or portion thereof and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer,
or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which
the money and/or Defeasance Securities are held for the payment of the Defeased Bond may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in (i) or (it) of paragraph (a) above. All income from such Defeasance Securities received by the
Paying Agent/Registrar that is not required for the payment of the Defeased Bond, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in
writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations
such as the Bond.
(d) Until the Defeased Bond shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond the
same as if it had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND.
(a) Replacement Bond. In the event the Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered a new bond
of the same principal amount, final maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Bond in replacement for the Bond in the manner hereinafter provided.
(b) Application for Replacement Bond. Application for replacement of a damaged,
mutilated, lost, stolen, or destroyed Bond shall be made by the Holder thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of the Bond, the Holder applying for a
replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with
respect thereto. Also, in every case of loss, theft, or destruction of the Bond, the Holder shall furnish
to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or
destruction of such Bond. In every case of damage or mutilation of the Bond, the Holder shall
surrender to the Paying Agent/Registrar for cancellation the Bond.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have finally matured, and no default has occurred that is then
continuing in the payment of the principal of or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond)
instead of issuing a replacement Bond, provided security or indemnity is furnished as above
provided in this Section.
(d) Char5e for Issuing Replacement Bond. Prior to the issuance of any replacement
bond, the Paying Agent/Registrar shall charge the Holder of the Bond with all legal, printing, and
other expenses in connection therewith. Every replacement bond issued pursuant to the provisions
of this Section by virtue of the fact that the Bond is lost, stolen, or destroyed shall constitute a
contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance
equally and proportionately with any and all other Bonds duly issued under this Ordinance.
(e) AuhhoritX for Issuing Replacement Bond. In accordance with Chapter 1201,
Subchapter D, Texas Government Code, this Section of this Ordinance shall constitute authority for
the issuance of any such replacement bond without necessity of further action by the governing body
of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
thenticate and deliver such Bond i
aun the form and manner and with the effect, as provided in
Section 3(a) of this Ordinance for a Bond issued in exchange for another Bond.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND
COUNSEL'S OPINION AND ENGAGEMENT OF BOND COUNSEL; APPROVAL OF
ATTORNEY GENERAL REVIEW FEE. (a) The Mayor is hereby authorized to have control of the
Bond initially issued and delivered hereunder and all necessary records and proceedings pertaining
to the Bond pending its delivery and its investigation, examination, and approval by the Attorney
General and registration by the Comptroller. Upon registration of the Bond the Comptroller (or a
deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate attached to the Bond, and the seal of said Comptroller shall be impressed,
or placed in facsimile, on such Certificate. If bond insurance is obtained, the Bond may bear an
appropriate legend as provided by the insurer.
(b) The obligation of the Purchaser to accept delivery of the Bond is subject to the
Purchaser being furnished with the final, approving opinion of McCall, Parkhurst &Horton L.L.P.,
"Bond Counsel" to the Issuer, which opinion shall be dated as of and delivered on the date of initial
delivery of the Bond to the Purchaser. The engagement of such firm as Bond Counsel to the Issuer
in connection with issuance, sale and delivery of the Bond is hereby approved and confirmed. The
execution and delivery of an engagement letter between the Issuer and such firm, with respect to
such services as Bond Counsel, is hereby authorized in such form as may be approved by the Mayor
Athe Issuer (or the Mayor Pro-tem in the absence of the Mayor), and the Mayor of the Issuer (or
the Mayor ProAem in the absence of the Mayor) is hereby authorized to execute such engagement
letter.
0
(c) In accordance with the provisions of Section 1202.004, Texas Government Code, in
connection with the submission of the Bond to the Attorney General for review and approval, a
statutory fee (an amount equal to 0.1 % principal amount of the Bond, subject to a minimum of $750
and a maximum of $9,500) is required to be paid to the Attorney General upon the submission of
the transcript of proceedings for the Bond. The Issuer hereby authorizes and directs that a check in
the amount of the Attorney General filing fee for the Bond, made payable to the "Texas Attorney
General," be promptly furnished to the Issuer's Bond Counsel, for payment to the Attorney General
in connection with his review of the Bond.
Section 10. SALE OF BOND. The Bond is hereby sold and shall be delivered to
(the "Purchaser") for cash for the par value thereof, pursuant
to the Purchase Letter dated the date of the adoption of this Ordinance. The Bond shall initially be
registered in the name of the Purchaser. In satisfaction of Section 1201.022(a)(3)(B), Texas
Government Code, and upon consultation with the Issuer's Financial Advisor, it is hereby officially
found, determined, and declared that the terms of the Bond as set forth herein are in the Issuer's best
interests.
Section 11. REDEMPTION OF REFUNDED OBLIGATIONS; ESCROW AGREEMENT.
(a) The Issuer hereby directs that the Refunded Obligations be called for redemption on February
15, 2018. The redemption price shall be the par amount of the Refunded Obligations so redeemed
plus interest accrued and unpaid to the date fixed for redemption. The paying agent for the
Refunded Obligations is hereby directed to make appropriate arrangements so that the Refunded
Obligations may be redeemed on such redemption date, including giving the appropriate notices of
redemption as are required by the ordinance authorizing the Refunded Obligations.
(b) The Mayor (or in the Mayor's absence, the Mayor Pro-Tem) of the Issuer is further
authorized to enter into and execute on behalf of the Issuer with Regions Bank (the "Escrow
Agent"), an escrow agreement in the form and substance as presented at this meeting, which escrow
agreement agreement will provide for the payment in frill of the Refunded Obligations (the "Escrow
Agreement").
Section 12. FURTHER PROCEDURES. The Mayor of the Issuer (or the Mayor Pro-tem
in the absence of the Mayor) and City Secretary of the Issuer and all other officers, employees and
agents of the Issuer, and each of them, shall be and are hereby expressly authorized, empowered and
directed from time to time and at any time to do and perform all such acts and things and to execute,
acknowledge and deliver in the name and under the corporate seal, if required, and on behalf of the
Issuer the Paying Agent/Registrar Agreement with the Paying Agent/Registrar, the Escrow
Agreement with the Escrow Agent, the Purchase Letter, a Private Placement Agent Agreement with
Frost Bank, and all other instruments, whether herein mentioned, as may be necessary or desirable
in order to carry out the terms and provisions of this Ordinance, the Bond and the sale of the Bond.
In case any officer whose signature shall appear on any Bond shall cease to be such officer before
the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes
the same as if such officer had remained in office until such delivery.
10
Section 13. NO RULE 15c242 UNDERTAKING. The Issuer has not made an undertaking
in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), The
Issuer is not, therefore, obligated pursuant to the Rule to provide any on -going disclosure relating
to the Issuer or the Bond. Notwithstanding the foregoing, the Issuer agrees to provide to the
Purchaser a copy of the Issuer's annual audited financial statement within 6 months after the end of
each fiscal year of the Issuer, or within 30 days after completion if the Issuer's annual audited
financial statement has not been completed within 6 months of the end of such fiscal year and is
completed at a later date.
Section 14. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas (the "State") and the United States of America.
Section 15. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that
this Ordinance would have been enacted without such invalid provision.
Section 16. APPROPRIATION. To pay the debt service coming due on the Bond prior to
receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current
funds on hand, which are hereby certified to be on hand and available for such purpose, an amount,
which together with capitalized interest received from the sale of the Bond, if any, will be sufficient
to pay such debt service, and such amount shall be used for no other purpose.
11
Exhibit A
FORM OF BOND
NO. R-1 UNITED STATES OF AMERICA PRINCIPAL
STATE OF TEXAS AMOUNT
CITY OF ANNA, TEXAS $
COMBINATION TAX AND REVENUE REFUNDING
BOND, TAXABLE SERIES 2014A
DATE OF DELIVERY:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The City of Anna, in Collin County, Texas (the "Issuer"), being a political subdivision of the
State of Texas, for value received, promises to pay, from the sources described herein, to the
registered owner specified above, or registered assigns (in each case, the "Holder"), the principal
amount specified above, and to pay interest thereon, from the date of delivery set forth above, on
the balance of said principal amount from time to time remaining unpaid. This Bond shall finally
mature on February 15, 2026, but shall be payable in installments on the dates and in the principal
installment amounts, and shall bear interest at a rate of %, calculated on the basis of basis of
a 360-day year of twelve 30-day months, as set forth in the following schedule:
Payment Date
February 15, 2015
February 15, 2016
February 15, 2017
February 15, 2018
February 15, 2019
February 15, 2020
February 15, 2021
February 15, 2022
February 15, 2023
February 15, 2024
February 15, 2025
February 15, 2026
Principal
Installment
0
The principal of and interest on this Bond are payable in lawful money of the United States
of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on
February 15, 2015 and on each August 15 and February 15 thereafter to the date of the final maturity
hereof or to the date of redemption prior to maturity. The last principal installment of this Bond
shall be paid to the Holder hereof upon presentation and surrender of this Bond at final maturity, or
upon the date fixed for its redemption prior to maturity, at the corporate trust office of [NAME OF
PAYING AGENT/REGISTRAR], [CITY], [STATE], which is the " Paying Agent/Registrar" for
this Bond. The payment of all other principal installments of and interest on this Bond shall be made
by the Paying Agent/Registrar to the Holder hereof on each principal and interest payment date by
check or draft, dated as of such principal and interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the Bond Ordinance
as defined below) to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter
provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail,
first-class postage prepaid, on each such interest payment date, to the Holder hereof, at its address
as it appeared at the close of business on the last business day of the month next preceding each such
date (the 'Record Date") on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. In addition, principal and interest may be paid by such other method,
acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder.
Any accrued interest due in connection with the payment ofthe final installment ofprincipal
of this Bond shall be paid to the Holder upon presentation and surrender of this Bond for payment
or redemption at the designated corporate trust office of the Paying Agent/Registrar. The Issuer
covenants with the Holder of this Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts
required to provide for the payment, in immediately available funds, of all principal of and interest
on the Bond, when due.
If the date for the payment of this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the designated corporate trust office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or
day on which banking institutions are authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment was due.
This Bond is authorized and issued pursuant to and incompliance with Chapter 1207, Texas
Government Code, as amended, and pursuant to the ordinance adopted by the Issuer authorizing the
issuance hereof (the "Bond Ordinance"), in the original aggregate principal amount of $ ,
dated as of November 1, 2014 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS (AS DEFINED IN THE BOND ORDINANCE) AND TO PAY THE
COSTS OF ISSUANCE RELATED THERETO.
On , or any date thereafter, the unpaid principal installments of this Bond are
subject to redemption, and may be redeemed prior to the scheduled due dates by the Issuer, in any
amount, at a redemption price equal to the principal amount thereof to be redeemed plus accrued
interest thereon to the date of redemption, without premium. The Issuer shall give written notice
of its direction to redeem the principal installments of this Bond to the Paying Agent/Registrar and
the Holder hereof by United States mail, first-class postage prepaid, no later than 20 days prior to
the Redemption Date.
This on is issuable solely as a single frilly -registered Bond, without interest coupons in
the denomination of $ or the remaining principal amount of the outstanding Bonds of
this series if an exchange of a Bond is made after a reduction in the principal amount of the series
the "Authorized Denomination"), As provided in the Bond Ordinance, this Bond may, at the
request of the Holder or the assignee or assignees hereof, be assigned and transferred in whole but
not in part for a like aggregate principal amount Bond, without interest coupons, payable to the
appropriate Holder, assignee or assignees, as the case may be, in the Authorized Denomination,
upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with
the form and procedures set forth in the Bond Ordinance. Among other requirements for such
assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar,
together with the proper instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond to the assignee this
Bond is to be registered. The form of Assignment printed or endorsed on this Bond may be executed
by the Holder to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond from time to time by the Holder. In the case of the assignment and transfer
of this Bond, the reasonable standard or customary fees and charges of the Paying Agent/Registrar
will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be
paid with respect thereto shall be paid by the one requesting such assignment and transfer, as a
condition precedent to the exercise of such privilege. The Issuer and the Paying Agent/Registrar
may deem and treat the person in whose name this Bond is registered as the absolute owner hereof
for the purpose of receiving payment of, or on account of, the principal or redemption price hereof
and interest due hereon and for all other purposes. The Paying Agent/Registrar shall not be required
to make any such transfer during the period commencing with the close of business on any Record
Date and ending with the opening of business on the next following principal or interest payment
date.
In the event any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
All appoint a competent and legally qualified substitute therefor, and cause written notice thereof
to be mailed to the Holder of the Bond.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond
have been performed, existed and been done in accordance with law; and that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such
interest comes due and such principal matures, have been levied and ordered to be levied against all
taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed
by law, and that this Bond is additionally secured by and payable from a limited pledge of the
revenues of the Issuer's waterworks and sewer system remaining after payment of all debt service,
A-3
reserve and other requirements in connection with all of the Issuer's revenue obligations (now or
hereafter outstanding) that are payable from all or part of said revenues, all as provided in the Bond
Ordinance.
The Issuer has reserved the right to amend the Bond Ordinance as provided therein, and
under some (but not all) circumstances amendments thereto must be approved by the Holder of this
Bond.
By becoming the Holder of this Bond, the Holder thereby acknowledges all of the terms and
provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges
that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond
and the Bond Ordinance constitute a contract between each Holder hereof and the Issuer.
A-4
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or the Mayor Pro-tem in the absence of the Mayor),
countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has
caused the official seal of the Issuer to be duly impressed or placed in facsimile on, this Bond.
(signature) (si ng a�2
Natha Wilkison, City Secretary Mike Crist, Mayor
(SEAL)
[Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an
executed Comptroller's Registration Certificate)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in exchange for a
bond of a series which originally was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas.
Dated:
[NAME OF PAYING AGENT/REGISTRAR]
[CITY] , [STATE]
Paying Agent/Registrar
A-5
Authorized Representative
Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address,
including zip code of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney, to register
the transfer of the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signatures) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration
or enlargement or any change whatsoever.
[Form of Comptroller's Registration Certificate]
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certed as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
(COMPTROLLER'S SEAL)
Comptroller of Public Accounts of the State of Texas
A-7
CITY OF ANNA, TEXAS
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
Clayton Fulton
AGENDA SUBJECT:
Consider adoption of an ordinance authorizing the issuance and sale of City of Anna, Texas
general obligation bond, series 201413, levying an annual ad valorem tax for the payment
of said bond, and enacting other provisions relating to the subject.
SUMMARY:
During the October 14, 2014 City Council meeting our financial advisors presented the
pIan of finance to refund certain outstanding debt instruments. The refundings are being
pursued for financial and strategic purposes.
The 201BA refunding will provide for the refunding of debt issued general fund purposes.
The refunding bonds are being placed privately through a placement agent. This agent
will market our refunding bond to potential investors and rather than place on the open
market.
The bonds will be priced on Monday October 27 and results from the pricing will be
presented at the council meeting. It is anticipated that the 2014B refunding will result in
a long term savings to the City. The debt is being refunded for economic purposes to
reduce debt service obligations by refunding at more favorable rates without extending
the maturity
STAFF RECOMMENDATION:
Approve the attached ordinance.
ORDINANCE NO. -2014
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF ANNA, TEXAS GENERAL
OBLIGATION REFUNDING BOND, SERIES 2014B, LEVYING AN ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF SAID BOND, AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ANNA §
WHEREAS, there are presently outstanding the following obligations (the "Refunded
Obligations") of the City of Anna, Texas (the "Issuer"), which are secured by a pledge by the Issuer
to levy ad valorem taxes sufficient to pay principal of and interest on such obligations as they
become due, within the limit prescribed by law, and certain of which are additionally secured by a
pledge of limited surplus revenues of the Issuer's waterworks and sewer system:
Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2006
Maturity Date
February 15, 2022
February 15, 2024
February 15, 2026
Principal Amount
Outstanding
$300,000
Principal Amount
Refunded
$3005000
3305000 3305000
3605000 360,000
Public Property Finance Act Contractual Obligations, Series 20011
Maturity Date
February 15, 2015
February 15, 2016
February 15, 2017
February 15, 2018
February 15, 2019
February 15, 2020
February 15, 2021
February 1552022
February 15, 2023
February 15, 2024
February 15, 2025
February 15, 2026
Principal Amount
Outstanding
$ 8,000
9,000
9000
,
10,000
33,000
34,000
36,000
38,000
39,000
41,000
43,000
44,000
Principal Amount
Refunded
$ 8,000
9,000
9,000
10,000
33,000
34,000
36,000
38,000
39,000
41,000
43,000
44,000
WHEREAS, the Issuer now desires to refund all of the Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding
bonds and to deposit the proceeds from the sale thereof, together with any other available fiends or
resources, directly with a paying agent for the Refunded Obligations or a trust company or
commercial bank that does not act as a depository for the Issuer and is named in these proceedings,
and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the
making of firm banking and financial arrangements for the discharge and final payment of the
Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter
into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust
company or commercial bank with respect to the safekeeping, investment, reinvestment,
administration and disposition of any such deposit, upon such terms and conditions as the Issuer and
such paying agent or trust company or commercial bank may agree;
WHEREAS, the Escrow Agent (as hereinafter defined) is a commercial bank that does not
act as a depository for the Issuer;
WHEREAS, the City Council of the Issuer hereby finds and declares a public purpose and
deems it in the best interests of the Issuer to refund the Refunded Obligations in order to restructure
the Issuer's outstanding debt service, and that the maximum amount by which the debt service
requirements scheduled to come due on the Bond exceeds the gross debt service requirements that
would have come due on the Refunded Obligations, had the Refunded Obligations remained
outstanding through their respective maturities, is $ ; and
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to
maturity within 20 years of the date of the on hereinafter authorized;
WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to the
Constitution and laws of the State of Texas, including Chapter 1207.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. AMOUNT AND PURPOSE OF THE BOND. The City Council of the Issuer
hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and
further finds and determines that said recitals are true and correct. The bond of the City of Anna,
Texas (the "Issuer") is hereby authorized to be issued and delivered in the aggregate principal
amount of $ FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS AND TO PAY THE COSTS OF ISSUANCE RELATED
�11N11"1L��
Section 2. DESIGNATION, DATE, DENOMINATION, PAYMENT DATES AND
INTEREST RATE OF BOND, The Bond issued pursuant to this Ordinance shall be designated:
CITY OF ANNA, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2014B," and
there shall be issued, sold, and delivered hereunder one fully registered Bond, without interest
coupons, dated November 1, 2014, in the principal amount stated above, numbered R-I, with any
Bond issued in replacement thereof being in the denomination and principal amount of $
or the remaining principal amount of the outstanding Bonds of this series if an exchange of a Bond
is made after a reduction in the principal amount of the series (the "Authorized Denomination"), and
numbered consecutively from R-2 upward, payable to the registered owner thereof, or to the
registered assignee of said Bond (in each case, the "Holder"). Principal on the Bond shall be payable
in installments in the amounts and on the dates specified in the FORM OF BOND set forth in this
Ordinance. The Bond shall bear interest from the date of delivery to the date of payment or
prepayment prior to maturity, calculated on the basis of a 360-day year of twelve 30-day months.
Said interest shall be payable at such rates and in the manner provided and on the dates stated in the
FORM OF BOND set forth in this Ordinance.
Section 3. CHARACTERISTICS OF THE BOND.
(a) Registration, Transfer and Exchange; Authentication. The Issuer shall keep or cause
to be kept at the a corporate trust office of [NAME OF PAYING AGENT/REGISTRAR], [CITY],
[STATE] (the "Paying Agent/Registrar"), books or records for the registration of the transfer of the
Bond (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and make such registrations of transfers
under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the
Paying Agent/Registrar shall make such registrations and transfers as herein provided within three
days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record
in the Registration Books the address of the Holder of the Bond to which payments with respect to
the Bond shall be mailed, as herein provided; but it shall be the duty of the Holder to notify the
Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such
interest payments shall not be mailed unless such notice has been given. The Issuer shall have the
right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless
otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay
the Paying Agent/Registrar's standard or customary fees and charges for making such registration
and transfer of a substitute Bond. Registration of assignments and transfers of the Bond shall be
made in the manner provided and with the effect stated in the FORM OF BOND set forth in this
Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other
Bond.
Except as provided in Section 3(c) hereof, an authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and
no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The
Paying Agent/Registrar promptly shall cancel a Bond surrendered for transfer or the Bond when paid
in full. No additional ordinances, orders or resolutions need be passed or adopted by the governing
body of the Issuer or any other body or person so as to accomplish the foregoing transfer of any
Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and
delivery of the substitute Bond in the manner prescribed herein. Pursuant to Subchapter D, Chapter
1201, Texas Government Code, the duty of transfer of the Bond as aforesaid is hereby imposed upon
the Paying Agent/Registrar, and, upon the execution of said Bond, said Bond shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Bond which
initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General of
the State of Texas (the "Attorney General"), and registered by the Comptroller of Public Accounts
of the State of Texas (the "Comptroller").
(b) Payment of Bond and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bond, all
as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond and shall
properly and accurately record all payments on the Bond on the Registration Books, and shall keep
proper records of all transfers of the Bond, and all replacements of the Bond, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and
for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date")
will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States mail, first-
class postage prepaid, to the address of the Holder appearing on the Registration Books at the close
of business on the last business day next preceding the date of mailing of such notice.
(c) In General. The Bond (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such on to be payable only to the Holder thereof,
(ii) may be redeemed prior to maturity, (iii) may be transferred and assigned, (iv) shall have the
characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and
interest on the Bond shall be payable, and (vii) shall be administered and the Paying Agent/Registrar
and the Issuer shall have certain duties and responsibilities with respect to the Bond, all as provided,
and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this
Ordinance. The Bond initially issued and delivered pursuant to this Ordinance is not required to be,
and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued
in exchange for any Bond the Paying Agent/Registrar shall execute the PAYING
AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM
OF BOND.
(d) Substitute Paing_A eng t/Re ig stiai. The Issuer covenants with the Holder of the Bond
that at all times while the Bond is outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution or other agency to act as and perform the services
of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying Agent/Registrar
will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying
11
Agent/Registrar upon not less than 40 days written notice to the Paying Agent/Registrar, to be
effective not later than 30 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants
that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records
relating to the Bond, to the new Paying Agent/Registrar designated and appointed by the Issuer.
Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice
thereof to be sent by the new Paying Agent/Registrar to the Holder of the Bond, by United States
mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(e) On the closing date, the initial Bond No. R-1 representing the entire principal amount
of the Bond, payable to the Purchaser, executed by manual or facsimile signature of the Mayor or
Mayor Pro-Tem and City Secretary of the Issuer, approved by the Attorney General, and registered
and manually signed by the Comptroller, will be delivered to the Purchaser or its designee.
Section 4. FORM OF BOND. The form of the Bond, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of the
Comptroller's Registration Certificate to be attached to the Bond initially issued and delivered
pursuant to this Ordinance, shall be, respectively, substantially as provided in Exhibit A hereto, with
such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
Section 5. TAX LEVY.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be
used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and
collected for and on account of said Bond shall be deposited, as collected, to the credit of said
Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the
governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that
will be sufficient to raise and produce the money required to pay the interest on said Bond as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said
Bond as such principal matures (but never less than 2% of the original amount of said Bond as a
sinking fiend each year); and said tax shall be based on the latest approved tax rolls of said Issuer,
with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and
amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable
property in said Issuer, for each year while any of said Bond is outstanding and unpaid, and said tax
shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest
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and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and
principal of said Bond, as such interest comes due and such principal matures, are hereby pledged
for such payment, within the limit prescribed by law.
(b) Notwithstanding the requirements of subsection (a) of this Section, if Surplus Revenues
or other lawfully available moneys of the Issuer are actually on deposit or budgeted and appropriated
to be deposited in the Interest and Sinking Fund in advance of the time when ad valorem taxes are
scheduled to be levied for any year, then the amount of taxes that otherwise would have been
required to be levied pursuant to this Section may be reduced to the extent and by the amount of the
Surplus Revenues or other lawfully available fiends then on deposit or budgeted and appropriated
to be deposited in the Interest and Sinking Fund. For purposes of this Section, "Surplus Revenues"
means revenues derived by the Issuer from the ownership and operation of the Issuer's waterworks
and sewer system (the "System") that remain after the payment of all maintenance and operation
expenses thereof, and all debt service, reserve and other requirements in connection with all of the
Issuer's revenue obligations (now or hereafter outstanding) or contractual obligations (now or
hereafter existing) which are payable from all or any part of the net revenues of the System. If
Surplus Revenues are budgeted and appropriated for deposit into the Interest and Sinking Fund, the
Issuer:
(i) shall transfer and deposit in the Interest and Sinking Fund each month an
amount of not less than 1/12th of the annual debt service on the Bond to be paid from
Surplus Revenues until the amount on deposit in the Interest and Sinking Fund equals the
amount required for annual debt service on the Bond;
(ii) shall establish, adopt and maintain an annual budget that provides for either the
monthly deposit of sufficient Surplus Revenues and/or tax revenues, the monthly deposit of
any other legally available funds on hand at the time of the adoption of the annual budget,
or a combination thereof, into the Interest and Sinking Fund for the repayment of the Bond;
and
(iii) shall at all times maintain and collect sufficient System rates and charges in
conjunction with any other legally available funds that, after payment of the costs of
operating and maintaining the System, produce revenues in an amount not less than the debt
service requirements of all outstanding revenue bonds of the Issuer and other obligations of
the Issuer which are secured in whole or in part by a pledge of revenues of the System and
for which the Issuer is budgeting the repayment of such obligations from the revenues of the
System, or the Issuer shall provide documentation which evidences the levy of an ad valorem
tax rate dedicated to the Interest and Sinking Fund, in conjunction with any other legally
available funds except System rates and charges, sufficient for the repayment of System debt
service requirements.
(c) Chapter 1208, Texas Government Code, applies to the issuance of the Bond and the
pledge of the taxes and revenues granted by the Issuer under this Section, and is therefore valid,
effective, and perfected. Should Texas law be amended at any time while the Bond is outstanding
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and unpaid, the result of such amendment being that the pledge of the taxes and revenues granted
by the Issuer under this Section, is to be subject to the fling requirements of Chapter 9, Texas
Business & Commerce Code, in order to preserve to the registered owner of the Bond a security
interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and
necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business
& Commerce Code and enable a fling of a security interest in said pledge to occur.
Section 6. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions:
(a) The Issuer may from time to time, without the consent of the Holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure
any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the
interests of the Holder, (ii) grant additional rights or security for the benefit of the Holder, (iii) add
events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the Holder, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion of nationally -recognized bond counsel materially adversely affect the interests ofthe Holder.
(b) Except as provided in paragraph (a) above, the Holder of the Bond shall have the
right from time to time to approve any amendment hereto that maybe deemed necessary or desirable
by the Issuer; provided, however, that without the consent of the Holder of the Bond, nothing herein
contained shall permit or be construed to permit amendment of the terms and conditions of this
Ordinance or in the Bond so as to:
(1) Make any change in the final maturity or any other date fixed hereby for the
payment of an installment of principal of the Bond;
(2) Reduce the rate of interest borne by the Bond;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on the Bond;
(4) Modify the terms of payment of principal or of interest or redemption
premium the Bond or impose any condition with respect to such payment; or
(5) Change the requirement with respect to approval by the Holder of the Bond
necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to the Holder of the Bond a copy of the proposed amendment.
7
(d) Whenever at any time within one year from the date of the mailing of such notice the
Issuer shall receive an instrument or instruments executed by the Holder of the Bond, which
instrument or instruments shall refer to the proposed amendment and shall specifically consent to
and approve such amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the rights, duties, and obligations of the Issuer and the Holder of the
Bond shall thereafter be determined, exercised, and enforced, subject in all respects to such
amendment.
For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the
registration of the ownership of such bond on the Registration Books kept by the Paying
Agent/Registrar.
Section 7. DEFEASANCE OF BOND.
(a) The Bond or a portion of the principal amount thereof and the interest thereon shall
be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning
of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of
the principal of the Bond, plus interest thereon to the due date (whether such due date be by reason
of payment, final maturity or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date
by irrevocably depositing with or malting available to the Paying Agent/Registrar in accordance with
an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money ofthe United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability of sufficient money to provide for such payment, and when proper arrangements
have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until
the Defeased Bond shall have become due and payable. At such time as the Bond or a portion
thereof shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond or portion thereof
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities, and
thereafter the Issuer will have no further responsibility with respect to amounts available to the
Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment
of such Defeased Bond, including any insufficiency therein caused by the failure of the Paying
Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when
due on the Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bond or portion thereof and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer,
or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which
the money and/or Defeasance Securities are held for the payment of the Defeased Bond may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in (i) or (ii) of paragraph (a) above. All income from such Defeasance Securities received by the
Paying Agent/Registrar that is not required for the payment of the Defeased Bond, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in
writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations
such as the Bond.
(d) Until the Defeased Bond shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond the
same as if it had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND.
(a) Replacement Bond. In the event the Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered a new bond
of the same principal amount, final maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Bond in replacement for the Bond in the manner hereinafter provided.
(b) Application for Replacement Bond. Application for replacement of a damaged,
mutilated, lost, stolen, or destroyed Bond shall be made by the Holder thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of the Bond, the Holder applying for a
replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with
respect thereto. Also, in every case of loss, theft, or destruction of the Bond, the Holder shall furnish
to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or
destruction of such Bond. In every case of damage or mutilation of the Bond, the Holder shall
surrender to the Paying Agent/Registrar for cancellation the Bond.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have finally matured, and no default has occurred that is then
continuing in the payment of the principal of or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond)
instead of issuing a replacement Bond, provided security or indemnity is furnished as above
provided in this Section.
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(d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement
bond, the Paying Agent/Registrar shall charge the Holder of the Bond with all legal, printing, and
other expenses in connection therewith. Every replacement bond issued pursuant to the provisions
of this Section by virtue of the fact that the Bond is lost, stolen, or destroyed shall constitute a
contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance
equally and proportionately with any and all other Bonds duly issued under this Ordinance.
(e) Authority for Issuing_Replacement Bond. In accordance with Chapter 1201,
Subchapter D, Texas Government Code, this Section of this Ordinance shall constitute authority for
the issuance of any such replacement bond without necessity of further action by the governing body
of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
authenticate and deliver such Bond in the form and manner and with the effect, as provided in
Section 3(a) of this Ordinance for a Bond issued in exchange for another Bond.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND
COUNSEL'S OPINION AND ENGAGEMENT OF BOND COUNSEL; APPROVAL OF
ATTORNEY GENERAL REVIEW FEE. (a) The Mayor is hereby authorized to have control of the
Bond initially issued and delivered hereunder and all necessary records and proceedings pertaining
to the Bond pending its delivery and its investigation, examination, and approval by the Attorney
General and registration by the Comptroller. Upon registration of the Bond the Comptroller (or a
deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate attached to the Bond, and the seal of said Comptroller shall be impressed,
or placed in facsimile, on such Certificate. If bond insurance is obtained, the Bond may bear an
appropriate legend as provided by the insurer.
(b) The obligation of the Purchaser to accept delivery of the Bond is subject to the
Purchaser being furnished with the final, approving opinion of McCall, Parkhurst &Horton L.L.P.,
"Bond Counsel" to the Issuer, which opinion shall be dated as of and delivered on the date of initial
delivery of the Bond to the Purchaser. The engagement of such firm as Bond Counsel to the Issuer
in connection with issuance, sale and delivery of the Bond is hereby approved and confirmed. The
execution and delivery of an engagement letter between the Issuer and such firm, with respect to
such services as Bond Counsel, is hereby authorized in such form as may be approved by the Mayor
of the Issuer (or the Mayor ProAem in the absence of the Mayor), and the Mayor of the Issuer (or
the Mayor ProAem in the absence of the Mayor) is hereby authorized to execute such engagement
letter.
(c) In accordance with the provisions of Section 1202.004, Tex. Gov't Code Ann., in
connection with the submission of the Bond by the Attorney General for review and approval, a
statutory fee (an amount equal to 0.1 % principal amount of the Bond, subject to a minimum of $750
and a maximum of $9,500) is required to be paid to the Attorney General upon the submission of
the transcript of proceedings for the Bond. The Issuer hereby authorizes and directs that a check in
the amount of the Attorney General filing fee for the Bond, made payable to the "Texas Attorney
f Cis
General," be promptly furnished to the Issuer's Bond Counsel, for payment to the Attorney General
in connection with his review of the Bond.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BOND. The Issuer covenants to take any action necessary to assure, or refrain from any action that
would adversely affect, the treatment of the Bond as an obligation described in section 103 of the
Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable
in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof,
the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Bond or the projects refinanced therewith (less amounts deposited to a reserve fiend, if
any) are used for any "private business use," as defined in section 141(b)(6) of the Code or,
if more than 10 percent of the proceeds or the projects financed therewith are so used, such
amounts, whether received by the Issuer, with respect to such private business use, do not,
under the terms of this Ordinance or any underlying arrangement, directly or indirectly,
secure or provide for the payment of more than 10 percent of the debt service on the Bond,
in contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bond or the
projects refinanced therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(c) to take any action to assure that no amount that is greater than the lesser of
$5,000,000 or 5 percent of the proceeds of the Bond (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action that would otherwise result in the Bond
being treated as a "private activity bond" within the meaning of section 141(b) of the Code;
(e) to refrain from taking any action that would result in the Bond being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Bond, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Bond, other than investment property acquired with —
(1) proceeds of the Bond invested for a reasonable temporary period or,
in the case of current refunding bonds, for a period of 90 days or less and in the case
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of advance refunding bonds, for a period of 30 days or less, until such proceeds are
needed for the purpose for which the bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the rules and regulations of the United States Department of
the Treasury ("Treasury Regulations"), and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bond;
(g) to otherwise restrict the use of the proceeds of the Bond or amounts treated
as proceeds of the Bond, as may be necessary, so that the Bond does not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the
extent applicable, section 149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bond) an amount that is at least equal to 90
percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to
pay to the United States of America, not later than 60 days after the Bond has been paid in
full, 100 percent of the amount then required to be paid as a result of Excess Earnings under
section 148(f) of the Code.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby
established by the Issuer for the sole benefit of the United States of America, and such fund shall
not be subject to the claim of any other person, including without limitation the Holder. The Rebate
Fund is established for the additional purpose of compliance with section 148 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposon proceeds" as defined in the Treasury Regulations and, in the case of refunding
bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
of issuance of the Bond. It is the understanding of the Issuer that the covenants contained herein are
intended to assure compliance with the Code and any Treasury Regulations or rulings promulgated
pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or
expand provisions of the Code, as applicable to the Bond, the Issuer will not be required to comply
with any covenant contained herein to the extent that such failure to comply, in the opinion of
nationally recognized bond counsel, will not adversely affect the exemption from federal income
taxation of interest on the Bond under section 103 of the Code. In the event that regulations or
rulings are hereafter promulgated that impose additional requirements that are applicable to the
Bond, the Issuer agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally recognized bond counsel, to preserve the exemption from federal income
taxation of interest on the Bond under section 103 of the Code. In furtherance of such intention, the
Issuer hereby authorizes and directs the Mayor, City Manager, Finance Director and/or City
Secretary of the Issuer to execute any documents, certificates or reports required by the Code and
12
to make such elections, on behalf of the Issuer, that may be permitted by the Code, as are consistent
with the purpose for the issuance of the Bond.
Section 11. SALE OF BOND. The Bond is hereby sold and shall be delivered to
(the "Purchaser") for cash for the par value thereof, pursuant
to the Purchase Letter dated the date of the adoption of this Ordinance. The Bond shall initially be
registered in the name of the Purchaser. In satisfaction of Section 1201.022(a)(3)(B), Texas
Government Code, and upon consultation with the Issuer's Financial Advisor, it is hereby officially
found, determined, and declared that the terms of the Bond as set forth herein are in the Issuer's best
interests.
Section 12. REDEMPTION OF REFUNDED OBLIGATIONS; ESCROW AGREEMENT.
(a) The Issuer hereby directs that the Refunded Obligations be called for redemption on December
1, 2014 (with respect to the Issuer's Public Property Finance Contractual Obligations, Series 2011)
and February 15, 2016 (with respect to the Issuer's Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2006). The redemption price shall be the par amount of the
Refunded Obligations so redeemed plus interest accrued and unpaid to the date fixed for redemption.
The paying agent for the Refunded Obligations is hereby directed to make appropriate arrangements
so that the Refunded Obligations may be redeemed on such redemption date, including giving the
appropriate notices of redemption as are required by the ordinances authorizing the Refunded
Obligations.
(b) The Mayor (or in the Mayor's absence, the Mayor Pro-Tem) of the Issuer is further
authorized to enter into and execute on behalf of the Issuer with Regions Bank (the "Escrow
Agent"), an escrow agreement in the form and substance as presented at this meeting, which escrow
agreement agreement will provide for the payment in full of the Refunded Obligations (the "Escrow
Agreement"),
Section 13. FURTHER PROCEDURES. The Mayor of the Issuer (or the Mayor Pro-tem
in the absence of the Mayor) and City Secretary of the Issuer and all other officers, employees and
agents of the Issuer, and each of them, shall be and are hereby expressly authorized, empowered and
directed from time to time and at any time to do and perform all such acts and things and to execute,
acknowledge and deliver in the name and under the corporate seal, if required, and on behalf of the
Issuer the Paying Agent/Registrar Agreement with the Paying Agent/Registrar, the Escrow
Agreement with the Escrow Agent, the Purchase Letter, a Private Placement Agent Agreement with
Frost Bank, and all other instruments, whether herein mentioned, as may be necessary or desirable
in order to carry out the terms and provisions of this Ordinance, the Bond and the sale of the Bond.
In case any officer whose signature shall appear on any Bond shall cease to be such officer before
the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes
the same as if such officer had remained in office until such delivery.
Section 14. DISPOSITION OF PROJECT; ALLOCATION OF, AND LIMITATION ON,
EXPENDITURES FOR THE PROJECT. (a) The Issuer covenants that the property constituting
the Project, being the property financed or refinanced with the proceeds ofthe Refunded Obligations
13
he "Project"), will not be sold or otherwise disposed in a transaction resulting in the receipt by the
Issuer of cash or other compensation, unless any action taken in connection with such disposition
will not adversely affect the tax-exempt status of the Bond. For purpose of the foregoing, the Issuer
may rely on an opinion of nationally -recognized bond counsel that the action taken in connection
with such sale or other disposition will not adversely affect the tax-exempt status of the Bond. For
purposes of the foregoing, the portion of the property comprising personal property and disposed
in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains an opinion of nationally -recognized bond counsel that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest
on the Bond.
(b) The Issuer covenants to account for the expenditure of sale proceeds and investment
earnings to be used for the Project on its books and records in accordance with the requirements of
the Code. The Issuer recognizes that in order for the proceeds to be considered used for the
reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later
of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than
three years after the date on which the original expenditure is paid. The foregoing notwithstanding,
the Issuer recognizes that in order for proceeds to be expended under the Code, the sale proceeds
or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired. The Issuer agrees to
obtain the advise of nationally -recognized bond counsel if such expenditure fails to comply with the
foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the
Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it
obtains an opinion of nationally -recognized bond counsel that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest
on the Bond.
Section 15. NO RULE 15c2-12 UNDERTAKING. The Issuer has not made an undertaking
in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The
Issuer is not, therefore, obligated pursuant to the Rule to provide any on -going disclosure relating
to the Issuer or the Bond. Notwithstanding the foregoing, the Issuer agrees to provide to the
Purchaser a copy of the Issuer's annual audited financial statement within 6 months after the end of
each fiscal year of the Issuer, or within 30 days after completion if the Issuer's annual audited
financial statement has not been completed within 6 months of the end of such fiscal year and is
completed at a later date.
Section 16. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas (the "State") and the United States of America.
Section 17. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that
this Ordinance would have been enacted without such invalid provision.
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Section 18. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATION. The Issuer
hereby designates the Bond as a "qualified tax-exempt obligation" as defined in section 265(b)(3)
of the Code, conditioned upon the Purchaser identified in Section 11 hereof certifying that the
aggregate initial offering price of the Bond is no greater than $10 million (or such other amount
permitted by such section 265 of the Code). Assuming such condition is met, in furtherance of such
designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar
year in which the Bond is issued, the Issuer (including any subordinate entities) has not designated
nor will designate obligations, which when aggregated with the Bond, will result in more than
$10,000,000 (or such other amount permitted by such section 265 of the Code) of "qualified tax-
exempt obligations" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-
exempt obligations issued, during the calendar year in which the Bond is issued, by the Issuer (or
any subordinate entities) will not exceed $10,000,000 (or such other amount permitted by such
section 265 of the Code); and, (c) that the Issuer will take such action or refrain from such action
as necessary, and as more particularly set forth in this Section, in order that the Bond will not be
considered a "private activity bond" within the meaning of section 141 of the Code.
Section 19. APPROPRIATION. To pay the debt service coming due on the Bond prior to
receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current
fiords on hand, which are hereby certified to be on hand and available for such purpose, an amount,
which together with capitalized interest received from the sale of the Bond, if any, will be sufficient
to pay such debt service, and such amount shall be used for no other purpose.
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Exhibit A
FORM OF BOND
NO. R-1 UNITED STATES OF AMERICA PRINCIPAL
STATE OF TEXAS AMOUNT
CITY OF ANNA, TEXAS $
GENERAL OBLIGATION REFUNDING BOND,
SERIES 2014B
DATE OF DELIVERY:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The City ofAnna, in Collin County, Texas (the "Issuer"), being a political subdivision of the
State of Texas, for value received, promises to pay, from the sources described herein, to the
registered owner specified above, or registered assigns (in each case, the "Holder"), the principal
amount specified above, and to pay interest thereon, from the date of delivery set forth above, on
the balance of said principal amount from time to time remaining unpaid. This Bond shall finally
mature on February 15, 2026, but shall be payable in installments on the dates and in the principal
installment amounts, and shall bear interest at a rate of %, calculated on the basis of basis of
a 360-day year of twelve 30-day months, as set forth in the following schedule:
Principal
Payment Date Installment
February 15, 2015 $
February 15, 2016
February 15, 2017
February 15, 2018
February 15, 2019
February 15, 2020
February 15, 2021
February 15, 2022
February 15, 2023
February 15, 2024
February 15, 2025
February 15, 2026
The principal of and interest on this Bond are payable in lawful money of the United States
of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on
February 15, 2015 and on each August 15 and February 15 thereafter to the date of the final maturity
A-1
hereof or to the date of redemption prior to maturity. The last principal installment of this Bond
shall be paid to the Holder hereof upon presentation and surrender of this Bond at final maturity, or
upon the date fixed for its redemption prior to maturity, at the corporate trust office of [NAME OF
PAYING AGENT/REGISTRAR], [CITY], [STATE], which is the " Paying Agent/Registrar" for
this Bond. The payment of all other principal installments of and interest on this Bond shall be made
by the Paying Agent/Registrar to the Holder hereof on each principal and interest payment date by
check or draft, dated as of such principal and interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, finds of the Issuer required by the Bond Ordinance
as defined below) to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter
provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail,
first-class postage prepaid, on each such interest payment date, to the Holder hereof, at its address
as it appeared at the close of business on the last business day of the month next preceding each such
date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. In addition, principal and interest may be paid by such other method,
acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder.
Any accrued interest due in connection with the payment of the final installment of principal
of this Bond shall be paid to the Holder upon presentation and surrender of this Bond for payment
or redemption at the designated corporate trust office of the Paying Agent/Registrar. The Issuer
covenants with the Holder of this Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts
required to provide for the payment, in immediately available funds, of all principal of and interest
on the Bond, when due.
Ifthe date for the payment of this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the designated corporate trust office of Lite Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or
Jay on which banking institutions are authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment was due.
This Bond is authorized and issued pursuant to and in compliance with Chapter 1207, Texas
Government Code, as amended, and pursuant to the ordinance adopted by the Issuer authorizing the
issuance hereof (the "Bond Ordinance"), in the original aggregate principal amount of $ ,
dated as of November 1, 2014 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE
REFUNDED OBLIGATIONS (AS DEFINED IN THE BOND ORDINANCE) AND TO PAY THE
COSTS OF ISSUANCE RELATED THERETO.
On , or any date thereafter, the unpaid principal installments of this Bond are
subject to redemption, and may be redeemed prior to the scheduled due dates by the I suer, in any
amount, at a redemption price equal to the principal amount thereof to be redeemed plus accrued
interest thereon to the date of redemption, without premium. The Issuer shall give written notice
of its direction to redeem the principal installments of this Bond to the Paying Agent/Registrar and
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the Holder hereof by United States mail, first-class postage prepaid, no later than 20 days prior to
the Redemption Date.
Thi$Bond is issuable solely as a single fully -registered Bond, without interest coupons in
the denomination of $ or the remaining principal amount of the outstanding Bonds of
this series if an exchange of a Bond is made after a reduction in the principal amount of the series
the "Authorized Denomination"), As provided in the Bond Ordinance, this Bond may, at the
request of the Holder or the assignee or assignees hereof, be assigned and transferred in whole but
not in part for a like aggregate principal amount Bond, without interest coupons, payable to the
appropriate Holder, assignee or assignees, as the case may be, in the Authorized Denomination,
upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with
the form and procedures set forth in the Bond Ordinance. Among other requirements for such
assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar,
together with the proper instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond to the assignee this
Bond is to be registered. The form of Assignment printed or endorsed on this Bond may be executed
by the Holder to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond from time to time by the Holder. In the case of the assignment and transfer
of this Bond, the reasonable standard or customary fees and charges of the Paying Agent/Registrar
will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be
paid with respect thereto shall be paid by the one requesting such assignment and transfer, as a
condition precedent to the exercise of such privilege. The Issuer and the Paying Agent/Registrar
may deem and treat the person in whose name this Bond is registered as the absolute owner hereof
for the purpose of receiving payment of, or on account of, the principal or redemption price hereof
and interest due hereon and for all other purposes. The Paying Agent/Registrar shall not be required
to make any such transfer during the period commencing with the close of business on any Record
Date and ending with the opening of business on the next following principal or interest payment
date.
In the event any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and cause written notice thereof
to be mailed to the Holder of the Bond.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond
have been performed, existed and been done in accordance with law; and that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such
interest comes due and such principal matures, have been levied and ordered to be levied against all
taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed
by law, all as provided in the Bond Ordinance.
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The Issuer has reserved the right to amend the Bond Ordinance as provided therein, and
under some (but not all) circumstances amendments thereto must be approved by the Holder of this
Bond.
By becoming the Holder of this Bond, the Holder thereby acknowledges all of the terms and
provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges
that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond
and the Bond Ordinance constitute a contract between each Holder hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or the Mayor Pro-tem in the absence of the Mayor),
countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has
caused the official seal of the Issuer to be duly impressed or placed in facsimile on, this Bond.
(si n� ate) (si ng ature)
Natha Wilkison, City Secretary Mike Crist, Mayor
(SEAL)
[Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an
executed Comptroller's Registration Certificate)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in exchange for a
bond of a series which originally was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas.
Dated:
[NAME OF PAYING AGENT/REGISTRAR]
[CITY] , [STATE]
Paying Agent/Registrar
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Authorized Representative
[Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address,
including zip code of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney, to register
the transfer of the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signatures) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
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NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration
or enlargement or any change whatsoever.
[Form of Comptroller's Registration Certificate]
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
(COMPTROLLER'S SEAL)
Comptroller of Public Accounts of the State of Texas
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CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
10/28/14
Maurice Schwanke
Public Hearing: For City Council to hear public comment regarding the proposed
rezoning of Villages of Hurricane Creek from "PD" — single family residential to "PD" —
single family residential.
SUMMARY:
This zoning submittal consists of approximately 368.2 total acres of land within the City
of Anna. The uses proposed for this Property follow the intent of the City of Anna
Comprehensive Plan. The proposal creates a master planned community featuring a
mixture of lot sizes that should encourage sustainable neighborhoods. The following
table summarizes the proposed lot sizes and densities:
LAND USE SUMMARY
USE
ACREAGE+/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL- 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
273
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
1930
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
03%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
This PD will replace the existing small lot entitlements with the smallest lot being 8,400
square feet. Also proposed in this PD are integrated parks and open spaces which will
help to preserve areas designated within the 100-year floodplain. A fire station location
is being planned for incorporation into the development as well as an amenity center.
The Planning and Zoning recommended approval of the zoning request at their
September 8, 2014. The vote was unanimous.
A public hearing was opened and continued at the City Council on October 14.
STAFF RECOMMENDATION: Continuation of Public Hearing until a later date.
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
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.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") 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 and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
I. PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
1. The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
c. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
3. The Villages of Hurricane Creelc PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
II. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: Aline parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Bung and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerl< of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Devicel: A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creel< that establishes and delineates the respective au such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creel< will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 170' x 120'1:
1. Purpose: The SF -
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
8,400 square feet
7
Lot Coverage. The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'):
1. Purpose: The SF-8Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance, The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Sims: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-84 (90' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Parlc, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5.
6.
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior:
Side Yard, Corner Lot,
Street Side:
Lot Width:
Lot Depth:
Masonry (Brick or rock veneer):
5 feet minimum
15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
90 feet minimum;
building line)
120 feet minimum
80
(measured at the front
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Parlc, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
S. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
RearYard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the a from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior:
Side Yard, Corner Lot,
Street Side:
Lot Width:
5 feet minimum
15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Sims: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX'
- 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
273%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
1930
49
2.49
12.0%
TOTALI
163.7
1 654
4.00
44.5%
OPEN SPACE
148.7
40.4%
2.5
0.7%
FIRE STATION
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creelc Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creel< Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Barlc Elm
Siberian Elm
L
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters, keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages may be front facing or J Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-2012, adopted 10/23/2012)
��
V. DEVELOPMENT SCHEDULE
Date Total Lots
2016 250
2017 300
2018 375
2019 450
2020 550
2021 654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
y of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisi
anons
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
A any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 8905215511E, 465.63 feet;
THENCE N 89015132"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89011100"E, 794.06 feet;
THENCE S 00010'57"W, 232.18 feet;
THENCE N 89056112"E, 1184.36 feet;
THENCE S 01006139"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°4202W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°05'44"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'S2",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 0005611111E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
EXHIBIT "B"
CONCEPT PLAN
23
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CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
October 28, 2014
City Manager
AGENDA aUDJr.%.J :
Public Hearing: For City Council to hear public comment regarding the creation of a
Public Improvement District for the Villages of Hurricane Creek.
SUMMARY:
The City received a petition signed by the owners of an undeveloped tract commonly
referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally
located in the city limits north of FM 455, west of Interstate Highway 75, and east of
Anna's western city limits (the "Property"). The Petition requests that the City create a
public improvement district ("PID") over the Property. At its August 28, 2014 special
meeting the Council set a public hearing on the advisability of creating the PID.
A PID is a district that can be created by a municipality under Chapter 372 of the Texas
Local Government Code. The district includes a certain area of property for which public
improvements are needed. When a City creates a PID, bonds can be issued to help
finance public improvements that specifically benefit the district. The bonds generate
some of the initial capital required for the public infrastructure, including but not limited
to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space,
together with the design, construction and maintenance of any ancillary structures,
features or amenities such as trails, playgrounds, walkways, lighting and similar items
located in the development as well as similar off -site projects that provide a benefit to
the district.
If created, the PID would make assessments against the owners of the Property to pay
the debt service on the bonds. The assessments would initially be paid by the developer.
Once the property is developed the assessments would be paid by the individual lot
owners according to an assessment plan. The developer and the City's financial advisor
are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the
property as an additional means of financing public improvements.
City staff has been working with the developer as well as the Citys financial advisor and
bond counsel in support of this development, which would be Anna's first new
residential development west of U.S. 75. Staff is supportive of a development concept
that would diversify the City's housing stock by providing higher -priced homes in a
master planned community with public parks and amenities that would draw new
residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer
commits to delivering the type of development that staff believes would greatly benefit
the City.
The subject development is slated for single-family homes and related amenities. The
current owners are under contract to sell the development to an entity affiliated with
Centurion American ("Centurion"). Most of Centurion's other single-family
developments are in or near the Metroplex, with several being located in and/or
planned for communities in Collin County including McKinney, Frisco, Prosper, Allen,
and Celina. Some of Centurion's marketing materials of their single-family developments
can be found here.
http://centurionamerican.com/county/single-family/
City Staff and the City Attorney are currently working with the developer and the
current owners of the Property in drafting a subdivision improvement agreement that
would govern development of the Property and the financing of the public
improvements through the PID and an overlapping TIRZ. This public hearing is on the
advisability of creating the PID.
Originally, it was anticipated that at this meeting the Council could consider and act on
both the subdivision improvement agreement and creation of the PID. However, staff
and the developer are not far enough along in the process for those action items. It is
currently anticipated that the action items will be ready for one of the October Council
meetings. To comply with the hearing requirements under Chapter 372, staff is
recommending that the public hearing be opened tonight and that it be held over until
the first meeting in October.
STAFF RECOMMENDATION:
A public hearing on this issue was opened on September 23 and continued until the
current meeting. Staff recommends that the Council reopen the public hearing on the
advisability of creating the PID. Once all interested persons have had an opportunity to
comment on the PID, approve a motion to continue the public hearing on November
at 7:30 p.m.
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 10
City Secretary's use only
City COunal Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
October 28, 2014
City Manager
Consider/Discuss/Action regarding a Resolution finding a public necessity and
authorizing the City Staff to use lawful means, including negotiations and if necessary
proceedings in eminent domain, to acquire an easement on private property owned by
QJR Partnership LTD.
SUMMARY:
The City is working on the design and construction of a new elevated water tower and
associated water lines that are necessary to accommodate the current and future
growth of our city. In order to construct these improvements, the City will need to
acquire an easement across property owned by QJR Partnership LTD. The attached
resolution authorizes Staff to commence negotiations, and, if necessary, initiate the use
of eminent domain to acquire the needed water easement.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution. Any motion to approve the
resolution should be made precisely as follows as prescribed by law:
"I move that the City of Anna, Texas authorize the use of the power of eminent domain
to acquire 1.92 acres of land, more or less, in the F.T. Daffau Survey, Abstract No. 0288,
City of Anna, Collin County, Texas, said tract described in a deed to QJR Partnership LTD,
recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380 of
the Deed Records of Collin County, Texas (D.R.C.C.T.), said 1.92 acres of land being more
particularly described by the metes and bounds description set forth in Exhibit "A" to
this resolution, which I incorporate in full into my motion, for a water easement."
CITY OF ANIMA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING
THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT
WATERLINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 1.92
ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY
MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE
SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO
NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna plans to construct and/or install water lines and associated
facilities to meet the public need to provide water system improvements to benefit the
City of Anna, its citizens and the general health, safety and welfare; and
WHEREAS, it is necessary to acquire a certain permanent waterline easement not now
held by the City of Anna for such water system improvements; and
WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the
acquisition of said easement and/or to pursue the easement under power of eminent
domain; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council'), after careful
consideration, finds that a public necessity exists for acquisition of a permanent
waterline easement providing limited rights on and under 1.92 acres of real property,
more or less, which is more particularly described in Section 2 of this resolution, for the
purposes of installation, maintenance, replacement, and/or repair of water lines, and
benefiting the public health, safety and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects with Texas Government
Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq.,
and Texas Property Code § 21.001 et seq., to the extent the provisions of such
statutes are applicable.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3
1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's
powers of eminent domain under Texas Local Government Code § 251.001 and
any and all other applicable statutes.
Section 2. Easement to be Acquired
2.01 The necessary permanent waterline easement sought to be acquired will provide
limited rights on and under a portion of a tract, said portion totaling approximately
1.92 acres of real property (the "Easement"), held by QJR Partnership LTD
and/or others. Said approximate 1.92 acres of real property is generally aligned
and described in Exhibit A, attached to this resolution and incorporated herein by
reference as if fully set forth for all purposes.
Section 3. Finding of Public Necessity and Authorization to Take Action
3.01 The City Council finds a public necessity for the public welfare and
convenience to acquire the Easement identified in Section 2, above, for the
purpose of constructing, laying, maintaining, repairing and/or replacing water
lines. The City Council authorizes the City Manager, City staff and/or City
consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to
acquire the needed Easement by any lawful means including but not limited to
negotiations with landowners and, if necessary, proceedings in eminent domain.
3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe,
Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate
sequence —to have the Easement appraised by a certified appraiser, to send the
landowners) a copy of the appraisal and the landowner's bill of rights statement,
to enter into good -faith negotiations with the landowner(s), to make a bona -fide
offer and make any necessary initial and final monetary offers in an attempt to
acquire the Easement consistent with the appraisal(s), when appropriate, and to
convey the City's desire to acquire the Easement in an efficient manner, and, if
necessary, to institute proceedings in eminent domain and take all necessary
actions in such proceedings to condemn and acquire the Easement. The City
Council hereby authorizes and ratifies any such actions taken thus far, and
hereby further asserts its full authority, to the greatest extent provided by law, to
acquire the Easement identified in Section 2, above.
Section 4. Effective Date.
This resolution shall take effect immediately upon its passage.
PASSED by the City Council of the City of Anna, Texas, this 28,h day of October, 2014.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3
ATTESTED:
City Secretary, Natha Wilkinson
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3
A,
nmoltwmkl�
09/OS/14
Tract 4
FIELD NOTE DESCRIPTION
FOR
PERMANENT VARIABLE WIDTH WATER LINE EASEMENT
OVER, UNDER, AND ACROSS THE PROPERTY OF
QJR PARTNERSHIP LTD
(INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380,
DEED RECORDS OF COLLIN COUNTY, TEXAS)
BEING a strip of land for a permanent variable width water line easement generally 20-feet and 55-feet in
width and being over, under and across a 162.12 acre tract located in the F. T. Daffau Survey, Abstract No.
0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Lastrument Number
20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas
(D.R.C.C.T.). Said strip of land being more particularly described as follows:
BEGINNING at a point in the west property line of said 162.12 acre QJR Partnership LTD tract and being in
the east property line of a 50.53 acre tract conveyed to Two-J Partners LLLP by deed recorded in Instrument
Number 20080509000562500, of the D.R.C.C.T., said point being N 58°40'46" E, a distance of 778.69 feet
from a 3/8" iron rod found in the south property line of said 50.53 acre Two-J Partners LLLP tract, said 3/8"
iron rod also being a northeast corner of a 107.52 acre tract conveyed to Q Seminole Anna Town Center, LP
by deed recorded in Instrument Number 20080128000100640, of the D.R.C.C.T. and the northwest corner of
a 26.884 acre tract of land being Creekside Phase 3, an addition to the City of Anna as recorded by
Subdivision Number S8453, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point also being N
49°45'00" W and a distance of 639.76 feet from a 5/8" capped iron rod found in the south property line of
said 162.12 acre QJR Partnership LTD tract, said iron rod being the northeast corner of said 26.884 acre
Creekside Phase 3 addition, and being the northwest corner of a 29.157 acre tract of land being The Falls
Phase 2, an addition to the City of Anna as recorded by Subdivision Number S8550, of the P.R.C.C.T.,
THENCE, N 0044'50" E (North per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the
cornrnon property line, a distance of 59.04 feet to a point for a corner;
THENCE, S 48°27'00" E, leaving said conrnion property line, a distance of 328.09 feet to a point for a corner,
said point being the beginning of a curve to the left;
THENCE, along said curve having a radius of 890.00 feet, a central angle of 28°40'58", and an are distance of
445.54 feet (chord bearing - S 62°47'29" E and chord distance of 440.90 feet) to a point for conger;
THENCE, S 89°18'08" E, a distance of 579.24 feet to a point for a corner;
THENCE, S 88059'32" E, being 55-feet perWndieular distance from and parallel to the south property line of
said 162.12 acre QJR Partnership LTD tract a distance of 407.24 feet to a point for a corner, said point being
the beginning of a curve to the right;
THENCE, along said curve having a radius of 830.00 feet, a central angle of 17°11'30", and an arc distance of
249.04 feet (chord bearing - S 80°23'47" E and chord distance of 248.11 feet) to a point for corner, said point
being the beginning of a curve to the left;
THENCE, along said curve having a radius of 870.00 feet, a central angle of 4°40'52", and an arc distance of
71.08 feet (chord bearing008528" E and chord distance of 71.06 feet) to a point for corner, said point
being in the south property line of said 162.12 acre QJR Partnership LTD tract and in the north property line
of a 114,608 acre tract conveyed to Anna 455 Residential LP by deed recorded in Instrument Number
20070403000444410, of the D.R.C.C.T.;
Page 1 of 3
h:\projects\anna\201411 I\esmt�iats4iescriptions\tract 4.doc
09/OS/14
Tract 4
THENCE, N 88046'32" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
the common property line of said 162.12 acre QJR Partnership LTD tract and of said 114.608 acre Anna 455
Residential LP tract, a distance of 78.48 feet to a 5/8" iron rod found for a corner, said 5/8" iron rod being at
the northeast corner of said 114.608 acre Arena 455 Residential LP tract and at the northeast corner of said
29.157 acre The Falls Phase 2 addition;
THENCE, N 88°5-7 W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract}) along
the common property line of said 162.12 acre QJR Partnership LTD tract and said 29.157 acre The Falls
Phase 2 addition, a distance of 642.62 feet to a 1/2" iron rod found for a corner;
THENCE, N 89°03'49" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
said common property line, a distance of 13.58 feet to a corner (no monument found) in the north property
line of said 29.157 acre The Falls Phase 2 addition (plat calls for a 1/2" iron rod);
THENCE, N 89°18'24" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
said common property line, a 5/8" capped iron rod found at a distance of 545.31 feet with an offset of 0.39
feet south, then continuing in all a total distance of 595.31 feet to a point for a corner;
THENCE, N 0°22' 17" E, leaving the said common property line, a distance of 41.41 feet to a point for a
corner, said point being the beginning of a non -tangent curve to the right;
THENCE, along said curve having a radius of 910.00 feet, a central angle of 27°00'S3", and an arc distance of
429.06 feet (chord bearing - N 61 °57'26" Wand chord distance of 425.10 feet) to a point for corner (said call
being a part of the 20-feet wide portion of the easement),
THENCE, N 48°27'00" W, a distance of 152.32 feet to a point for a corner (said call being a part of the 20-
feet wide portion of the easement);
THENCE, N 58°39'03" W, a distance of 139.40 feet to the POINT OF BEGIINN7NG, said permanent variable
width water line easement containing 1.92 acres (83,831.32 square feet), more or less.
Also, a temporary construction easement being 204eet in width and being immediately adjacent to and
parallel with the northern legs of the above described pennanent variable width water line easement, said
temporary construction easement containing 0.98 acre (42,895.31 square feet), more or less.
1. Bearings and distances cited in this field note description are based on the Texas State Plane
Coordinate System, NAD-83, Texas North Central Zone 4202.
2. Field surveys concluded on August 12, 2014.
3. An Easement Plat of even date herewith accompanies this Field Note D.escrTtion.
�P'�o 9F°•;9
� ;N
GARY CLINTON HENDRICKS Gary C. Hendricks, P.E., R.P.L.S.
A 5073 ? T.B.P.L.S. Firm No. 10031800
of off. Q,
`AND SUR��yO Texas Registration No. 5073
Birldnoff, Hendricks &Carter, L.L.P.
T.B.P.E. Firm No. 526
11910 Greenville Avenue, Suite 600
Dallas, Texas 75243
Phone: 214-361-7900
Page 2 of 3
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CITY OF ANNA, TEXAS
Item NO. 11
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
October 28, 2014
City Manager
AGENDA SUBJECT:
Consider/Discuss/Action regarding approval of a Development Agreement with Troy and
Floella Queen.
SUMMARY:
The City has negotiated a Development Agreement with Troy and Floella Queen
regarding the future development and eventual annexation property located in the
City's extra -territorial jurisdiction.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANIMA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND TROY AND FLOELLA QUEEN, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Troy and Floella Queen (the
'Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28tn
day of October 2014.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212,172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"), The term "Owner" includes all owners of
the Property,
WHEREAS, the Owner owns a 10.27 acre tract of land located in the Joseph Schluter
Survey, Abstract No, 546, referred to herein as the "Property", and shown in the attached
Exhibit "A"; and
WHEREAS, the Owner• desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212,172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City aclatowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the tertn, defined it]
Section 5 of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Propet•ty Records
of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
patties hereto agree as follows;
Section 1.
The City guarantees the continuation of the extraterritorial stains of the Owners Property,
its immunity from annexation by the City, and its immunity from City property taxes, for
the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily
institute proceedings to annex the Property, and further agrees not to include the Property
in a statutory annexation plan for the Term of this Agreement, However, if the Property is
annexed pursuant to the provisions of this Agreement, then the City shall provide services
to the Property pursuant to Chapter 43 of Texas Local Government Code,
Page ( 1
Section Z.
The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the
Texas Tax Code, except for existing single-family residential use of the Property, without
the prior written consent of the City.
Owner covenants and agrees that the Owner will not file any type of subdivision plat or
other development document or application for the Property with Collin County or the City
until the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any buildings
on the Property that would require a building permit if the Property were in the city limits,
until the Property has been annexed into, and zoned by, the City. The Owner also covenants
and agrees that the City's SF-E, Single Family Estate District zoning requirements apply
to the Property, and that the Property shall be used only for SF"E, Single Family Estate
District zoning uses that exist on the Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner covenants and agrees that Owrrer• will not discharge or authorize anyone to
discharge any firearm on the Property, except as expressly set forth in Section 3 of this
Agreement.
The Owner acknowledges that each and every owner• of the Property must sign this
Agreement in order for the Agreement to take full effect, and Me Owner who signs this
Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3.
The Owner aelaiowledges and agrees fihat in addition to any other remedies the City may
have —any occurrence of one or more of the following acts will constitute an irrevocable
petition for voluntary annexation by the Owner: (1) any plat or related development
document or application is filed in violation of this Agreement; (2) the Owner commences
development of the Property in violation of this Agreement; or (3) the Owner discharges
or authorizes the discharge of any firearm on the Property, unless the circumstances
warrant such discharge for the immediate protection of persons or property. Should any of
those three events occur, the Property will be subject to annexation at the discretion of the
City Council notwithstanding any other provision of this Agreement. The Owner agrees
that such annexation shall be voluntary and the Owner hereby consents to such annexation
as though an irrevocable petition for such annexation had been tendered by the Owner and
joined by any other persons having any interest in the Property. if annexation proceedings
begin pursuant to this Section 3, the Owner acknowledges that this Agreement serves as an
exception to Local Government Code Section 43.052, requiring a municipality to use
certain statutory procedures under an annexation plan. Furthermore, the Owner hereby
waives any and all vested rights and claims that they may have under Section 43.002(a)(2)
Page12
or Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue
of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees
that the Owner will not in any manner contest any annexation of the Property initiated by
the City under this Section 3 or any annexation of the Property completed by the City after
the expiration of the Term of this Agreement.
Section 4.
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Govermment Code, the City is
authorized to enforce all of the City`s regulations and planning authority that do not
materially interfere with the use of the Property for agriculture, wildlife management, or
timber, in the same manner the regulations are enforced within the City`s boundaries. The
City states and specifically reserves its authority pursuant to Chapter 251 of the Texas
Local Government Code to exercise eminent domain over property that is subject to a
Chapter 43 and/or Chapter 212 development agreement.
Section 5.
This Agreement is effective as of the date that both the City and the Owner have duly
approved, executed and delivered this Agreement. The term of this Agreement is five (5)
years from the effective date (the "Term"), The Owner, and all of the Owner's heirs,
successors and assigns shall be deemed to have filed an irrevocable petition for voluntary
annexation before the end of the Term, for annexation of the Property to be completed on
or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this
section, the Owners hereby waive any vested rights they may have under Section
43.002(a)(2) or Chapter 245 of the Texas Local Government Code that would otherwise
exist by virtue of any application, plan, plat or construction any of the owners may submit
or initiate during the time between the expiration of this Agreement and the institution of
annexation proceedings by the City.
Section 6.
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E,
Single Family Estate Residential District, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's Code
of Ordinances.
Section 7.
Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee,
and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner
and the Owner's heirs, successors, and assigns shall give the City written notice within 14
days of any change in the agricultural exemption status of the Property. A copy of either
notice required by this section shall be forwarded to the City as set forth in Section 16 of
this Agreement.
Page�3
Section 8.
This Agreement shall run with the Property and be recorded in the real property records of
Collin County, Texas.
Section 9.
if a court of competent jurisdiction determines that any covenant of this Agreement is void
or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in frill force and effect.
Section 10.
This Agreement may be enforced by any Owner or the City by any proceeding at law or in
equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this
Agreement thereafter.
Section 11.
No subsequent change in the law regarding annexation shall affect the enforceability of
this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12.
Exclusive jurisdiction and venue for disputes arising out of or related in any way to this
Agreement shall be in Collin County, Texas.
Section 13.
This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and the same instrument.
Section 14.
Sections 2, 3, 4, and S shall survive the term of this Agreement to the extent necessary for
the full implementation of the provisions of those sections and for purposes of Owner's
duty to indemnify and hold City harmless.
Section 1.5,
This Agreement replaces and supersedes the agreement between Owner and the City
entered into on December 14, 2010 and attached hereto and Exhibit `B."
Page�4
Section I6.
All Notices and other communications hereunder shall be in writing and shall be deemed
to be given when delivered in fully legible form by postage prepaid certified mail, return
receipt requested. Notices shall be. addressed to City or Owner and their respective legal
representatives, if set forth below, at the addresses set forth below:
If to City;
City Manager
City of Anna
P.O. Box 776
111 N. Powell Parkway
Anna, Texas 75409
With Mandatory Copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
If to Owner:
Troy Quecn
1405 S. Ferguson Pkwy.
Aliila, TX 75409
Page�S
Entered into this day of , 2014.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was actuiowledged before me on the day of 2014,
by Philip Sanders, City Manager, City of Anna, Texas,
Notary Public, State of Texas
Troy Queen
THE STATE 01,�" TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of , 2014,
by Troy Queen who states under oath that he is the owner of the Property described herein
and has the authority to execute this document.
Notary Public, State of Texas
Ploella Queen
THE STATL O)f+' TEXAS }
COUNTY OF }
This instrument was aclulowledged before me on the day of , 2014,
by Floella Queen who states under oath that she is the owtaer• of the Property described
herein and has the authority to execute this document.
Notary Public, State of Texas
mwfli
ExHIBZT A
SITUATED in the Joseph Schluter Survey, Abstract No. 856 in Collin County,
Texas and being a called 10.128 acre tract of land described in a Contract of Sale
from the Veterans Land Board of Texas to Gary Lane Brown, recorded In Volume
1237, page 591 of the Land Records of Collin County, Texas, being more
particularly described by metes and bounds to -wit:
BEGINNING at an iron piu set in County Road 3G7, pin is the Southwest corner of
said tract;
THENCE North with said centerline 272.55 feet to an iron pin sef, pin bears South
192.59 feet from an iron pin found;
THENCE South 86 deg. 35 . East with the No�•th line of said tract, passing an
iron pin set at 765 feet, passing an iron pin at 1569 feet, then continuing a total of
1669 feet to a point in the centerline of a Creelq
THENCE with the centerline of said creep as follows:
South 14 deg. 56 min. 35 sec. West,19.22 feet;
South 19 deg. 30 min. West,110 feet;
South 10 deg. 30 lulu. East,152 feel to a point for corner;
THENCE North 86 deg. 35 min. West with a fence and row of trees passing an iron
All set at 86 feet, then continuing a total of IG55 feet to the PLACE OF
BEGINNING, containing 10.27 acres.
Page j 7
Exhibit B
STATE OF T1:,XAS )
COUNTY OF COLLIN }
CHAPTER 43 TEXAS LOCAL GOVERNMgNT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Section 212.172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
adersigned property owner(s) (the "OwnceD. The term "Owner" includes all owners of
flue Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, as shown in the attached Exhibit "A". and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is enlered'into pursuant to Section 212,172 of the Texas
Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
tluo City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1, The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
ails Agreement. However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code,
Section 2. The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or limber lead consistent with Chapter 23 of
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City.
The Owner covenants and agrees that die Owner will not file any type of subdivision pint
or related development document for the Property with Collin County or the City until
the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any
buildings on the Property that would require a building permit If the Property were in the
city limits, until the Property has been annexed into, and zoned by, the City. The Owner
also covenants and agrees that the City's AG —Agricultural District zoning requirements
apply to the Property, and that the Property shall be used only for AG— Agricultural
Aistrict zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take frill offect, and the Owner who signs this
Agreement covenants and agrees, jointly and severabiy, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council. The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annoxation as though a petition for such annexation had been tendered by the Owner. If
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as na exception to Local Government Code Section 43.052, requiring it
municipality to use certain statutory procedures under an annexation plan. 1` irthormore,
tho Owner hereby waives any and all vested rights and claims that they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otberwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
The Owner further agrees that the Owner will not in any manner contest any annexation
of the Property Initiated by the City under this Section or any annexation of the Property
completed by the City after the Term of this Agreement.
Section 4. The City is authorized to enforce all of the City's regulations and planning
authority that do not materially interfere with the legal use of the Property as described in
Section 2 of this Agreement in the same manner the regulations are enforced within the
City's boundaries. The City states and specifically reserves its authority pursuant to
Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a Cbapter212 development agreement.
Section 5. The term of this Agreement (the `�'erm") is one year from the date that tbo
City Manager's signature to this Agreement is acknowledged by a public notary. The
Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
a petition for voluntary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of the Term,
the City may commence the voluntary annexation of the Property, In connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(s)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any application, plan, plat or construction any of
tine owners may submit or Initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as
AG — Agricultural District until permanent zoning is established by the City Council
pursuant to the City's Code of Ordinances, pending determination of the Property's
pemranent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances,
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such solo or conveyance, gives written no co of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City,
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section sball be forwarded to the City at
tine following address:
City of Anna
Attn: CityManager
I I I N. Powell Parkway
Anna, Texas 75409
Section B. This Agreement shall run with the Property and be recorded In the real
property records of Collin County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or uneafomeable, including the covenants regazding involuntary
annexation, then the remainder of this Agreement shalt remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at laW ar in equity. Falltuo to do so shall not be deemed a waiver to enforce
tiro provisions of this Agreement thereafter,
Section 11, No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or fire City's ability to annex the properties covered
herein pursuant to the farms of this Agreement,
Soetlon 12. Mcive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas,
Section 13. This Agreement mny lxi separately executed in vidual counterparts nnd,
upon execution, shall constitute one and same instrument.
Section 14. T)ris Agreement shall survive its termination to We extent necessary for the
implementation of the provisions ofSeotions 3, 47 and 5 herein,
Tintcred Into (Ids I't day of �' , 2010.
Phili Sande
City onager, Ci Anna, Texas
'.t'HE STATE OP TEXAS )
COUNTY OR COLON )
Thisinstrumentwnsacknowledged befommeonthaq.(.Lday of"If- , 2010, by Philip
Sanders, City Manager, City of Anna, Texas,
WIMAKIN WNW, Xm
I : '
Y
LMy Gommisilon Expres
111t312ota
This instrument was acknowledged before me on the j�` ,day of
Notary Public, State of Texas
* g MUwoANes
ttotuyrobtto
t STATE OF TEXAS
* A'debmm.F.x}+.1&21-101) �
THE STATE OF TEXAS)
COUNTYOFI'[,/)tn )
Tlds instrument was aclrnowicdg«t fxsfom me on the j�dny of '�('N�� 2010, by
Owner2,�r
&k NaNUN
�STATEOF TEX/1S i*
hlCommomm. Fiq�. i2.2}2011
Notary Pabltc, State of Texas
Owner 3
Printed Name:
TII$ STATE OF TEXAS }
COiINTY OF }
This instrument was acknowledged before me on ihe,_day of 201Q by
,Owner 3,
Notary Publio, Slate of Texas
Ownor4
Printed Ntune:
THE STATE OF TEXAS }
COUN'PX OF J
This Instrument was aclmowledged before me on the "Jay of 2010, by
. Otmer 4.
Notary Public, Stato ofTexas
Notice of Confidentiality Xtighis: It you area natux al pex son, you may remove or sfrilcc any of the following
information from this instrument before it is filed for record in the public records:
your Social Secuz•ity Number or your Driver's License Number,
DIED
STATE OE TEXAS §
COUNTY OF COLLIN §
WHEREAS, the City of Anna, Texas, Cowtty of Collin, State of Texas (the "City"), ahome-Wile ntunicipatity, is authorized
under the Texas Local Government Code to acquire land and such other property rights, including but not limited to acquisition
land in fee simple title for street/road/it}ghway and related transportation facilities, utilities, and drainage deemed necessary or
convenient to public projects) to be constructed, reconstructed, maintained, widened, straightened, or extended, or to
accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or
operation of a public project;
NOW, THEREFORE, KNOW ALL MEN BY TIIESI� PRESENTS:
That, Troy Queen and wife, Rloella Queen, hereinafter referred to as "Grantors," whether one or more, for and in consideration
of the sum of Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, receipt of
Witch is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this tiny Sold and by these
presents do Grant, Bargain, Sell and Convey unto the Grantee all that certain tract or parcel of land lying and being situated in
the City of Anna, County of Collin, State of Texas, more particularly described in Exhibit A, which is attached hereto and
incorporated herein for any and all purposes.
Grantors reserve all fit oil, gas and sulphur }nand under the laud herein conveyed but waive all rights of ingress and egress
to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this
reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and
materials thereon, therein and thereunder.
Grantors hereby acknowledge that their use of and access to the public project to be constructed of which the land hereby
conveyer} shall become a part, shall be and forever remain subject to the same regulation by legally constituted authority as
applies to the public's use thereof; and Grantors further acknowledge that the design, construction and operation of such public
project requires and Grantor hereby grants rights of ingress and egress and the right of direct access to and from Grantors'
remaining property (if any) to said public project as may be necessary for construction, repair, alteration or redesign.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and
appurtenances thereto in any wise belonging unto the Grantee and its assigns forever; and Grantors do hereby bind ourselves,
our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singularthe said premises
hereht conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
IN WITNESS WEIEItEOF, this instrument is executed on this the day of , 2014.
'Troy Queen
ACKNO�vLEDGNII;NT
THE 5TA'T>1 OT TI;xAS
COUNT]' OIL' COLLII�'
This is was acknowledged before the ott the day of , 2014, by Troy Queen who states under oath that
he/she Is the owner of Grantors' Property described herein and has the authority to execute this document.
Notary Public, State of Texas
DEED PAG>; I of 2
ACI{N O�S'LI;D G11I>JNT
Tlils STATT; OI' TI;lAS §
COUNTY OF COL §
I�'ToelTa Qucen
This insh•umentwas ncknotvledged before me ou the day of , 2014, by Floella Queen who states under oath that
he/she is the owner of Grantors' Property described herein and has the authority to execute this document.
Notary T'uhlic, State of Texas
Ell
�. '4,
I
I
30' WIDE EASEMENT
INSTR,#98-0100210 i
O,P.R.C,C,T, i.
I
I
1
I�
I
I
1
I
— P,Os,-1/2" IRON
ROb (FOUND)
�L4
Line Tpble
Line #
Length
Direction
L1
277,79
N01036'48"W
L2
90,20
S87049'02"E
L3
277,48
S01036'48itE
L4
90.18
N88000'43"W
SURVEYOR'S CERTIFICATE
That I, Harry L. Pickens, do hereby certify that I
hove prepared this plot and the field notes shown
hereon from an on the ground survey of the land,
and this plot is a true, correct and accurate
representotion of the physical evidence found at the
time of the survey; that the corner monuments
shown hereon were found and/or placed under my
personal supervision.
DATED
Regi:
Land
the _ 6th day of _1�ctobdF 2014,
L, c ens
:r d tofessionol
rJ vor No, 5939
10/06/2014
T'IPTON �NGIN�ERING
a dlvlsion of Westwood
2740 North Dallas Parkway, Suile 280
Plano, Texas 75093
Ph:(972) 793-0300
Eng. Firm No. F-11756, Tx Survey Firm No, 10074301
V k 4
�'��4�13 ���
�,�'NN
FELLOWSHIP OF PLANO
CALLED: 7,466 ACRES
IN5TR.#20140419000348300
O.P,R,C.C.T,
l" 587049'0;
-�- PROPOSED 90' WIDE
RICHT�OF-WAY
0,574 ACRES
(2088 SQ FT)
i
7,
1!2 IRON
ROAAD (FOUND)
/I t
TROY QUEEN AND WIFE,
FLOELLA QUEEN
CALLED: 10,27 ACRES
VOLUME 6707, PAGE 4433
O,P,R,C,C,T.
S88000143"0 i477.00'
CALLEq; 58 ACRES
INSTR. #20121002001246520
O,P,R,C,C,T,
0
1/2" ON
ROD (FOUND)
ti
NOTEs:
1. ALL DISTANCES SHOWN ARE TEXAS STATE PLANE,
NAb83 {2011), TEXAS NORTH CENTRAL 20NE 4202,
U.S, SURVEY FEET PATH A COMBINED SCALE FACTOR
OF 0.999851303, BEARINGS BASIS IS GRID NORTH.
2, PROPERTY DESCRIPTION WITH SAME DATE
ACCOMPANIES THIS PLAT.
,LEGEND
P.0.8.
=POINT OF BEGINNING
P,R.C.C.T.
= PLAT RECORDS,
COLLIN COUNTY, TEXAS
C,C.T,
= OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS
IIIMONUMENT
FOUND (AS NOTED)
Q
= 5/8"IRON ROD SET W/ CAP
STAMPED "WESTWOOD"
SCALE 1" = 200'
)oaeph Schluter Survey � Abatr+tck Ha. 856
Clty of Anna, Coltln County, Texae
,00•
i�x�azr �
Sheet; 1 OF 2
pate; 10/06/14
ISED 0003813—ROWI.dwg
90' WIDE RIGHT--OF—WAY
0,574 ACRES
BEING a 0.574 acre Tract of land situated in the Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin,
County, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife, Floella Queen,
recorded in Volurne 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT) and being more
particularly described as follows:
BEGINNING at a 1/2—inch iron rad found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet 0,
Page 392 of the Plot Records of Collin County, Texas (PRCCT), the southwest corner of said Queen tract and the
northwest corner of a tract of land described in deed to Bloomfield Homes, L.P,, recorded in County Clerk Instrument
No. 2012100200124652a (OPRCCT);
THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates and
the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rod with yellow cap stamped
'WESTWOOD PS" set at the northwest corner of said Queen tract the same being the southwest corner of a tract of
land described in deed to Fellowship of Plano tract recorded in County Clerks Instrument No. 20140411000348300
(OPRCCT);
THENCE South 87 Degrees 49 Minutes 02 Seconds East, along the common north line of said Queen tract and south
no of said Fellowship of Plana tract, a distonce of 90,20 feet to a 5/8—inch iron rod with yellow cap stamped
"WESTWOQD PS" set, from which a 1/2—Inch Iron rod found In sold common line bears South 87 Degrees 49 Minutes
02 Seconds East, a distance of 1477.82 feet;
THENCE South al Degrees 36 Minutes 48 Seconds East, a distonce of 277.48 feet to a 5/8—inch iron rod with
yellow cap stamped "WESTWOOD PS" set in the south line of said Queen tract the same beiny the common north
line of aforementioned Bloomfield Homes tract, from which o 1/2—iron rod found in said common line bears South
88 Degrees 00 Minutes 43 Seconds East, a distance of 1477.00 feet;
THENCE North 88 Degrees 00 Minutes 43 Seconds West, clang the common south line of said Queen tract and the
north line of said Bloomfield Homes tract, a distance of 90.18 feet to the POINT OF BEGINNING and containing
24,988 square feet or 0.574 of an acre of land within these metes described,
Bearings for this description cited are based on Grid North State Plano Coordinates of the Texas Coordinate System
NAD83 (2011) Texas North Central Zone (4202),
���� TiPTON ENGINE��ING
a dlvislon of Westwood
2740 Narih Dallas Parkway, Suite 280
Plane,*Texas 75093
Ph:(972) 793-0300
hq. Flmr No. F-11756, Tx Survey Firm No. 10074301
..10/06/14
D 000
PERMANENT SEWER ,AND TRAIL EASElYMUN A
Date; Executed and effective on the dates of the
acknowledgments set out below.
3 antors: Troy Queen and wife, Floella Queen
Grantors' A7ailingAddress:
1405 S. Ferguson Parkway
Amia, TX 75,109
Grantee: City ofAnna, Texas, a municipal corporation
Grantee's Mailing Address:
Box 776
no, Texas 75409 in Collin County, Texas
Grantors' Property: The Grantors' Property is a 10.27 acre tract of land located in the Joseph Schluter Survey, Abstract No. 856, Collin, County,
Texas, and being described in a General Warranty Deed to Troy Queen and wife, Floella Queen, recorded in Collin County Land Recordings in
Volume 5707 on page 4433.
Permanent );asement; The Permanent Sewer and 'trial Easetnent ("Easement") is 0.187 acres of property within Grantors' Property, said 0,187
acres being a strip of land approximately 30 feet wide. A metes and bounds legal description and depiction of the Easement is attached bereto as
Exhibit A.
Easement Purpose; As more fully described herein, to construct and use sewer utility lines below the surface, and to construct and use a public
hike and bike pedestrian trail upon and across Grantors' Property within the bounds of the Easement, together with the right of ingress and egress
along Grantors' Property,
Consideratimr: (1) Ten dollars ($]0.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by
Grantors; (2) tap fee waived for a single connection to the server line at time of Grantorschoosing; (3) fence restoration as set forth below.
Grant of Easement: Grantors, for the Consideration described herein, grant, sell, and convey to Grantee and Grantee's heirs, successors and
assigns, the Easement over, under, on and across Grantors' Property for the Easement Purpose, including the right of construction, installation,
reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated
uses of sewer utility lines, and a hike and bike trail, together with all and singular the rights and appurtenances thereto in any way belonging,
(collectively, the "Easement Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever,
Grantors bind Grantors and Grantors' heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement
Rights in Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any
part of the Easement Rights. Grantee shall have the right to prevent excavation within the Easement; the right to prevent constriction of any and
all buildings, structures or other obstructions which would endanger or interfere with the efficiency, safety, and/or convenient operation of the
aforementioned utility lines, trails, and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said
Easement, to the extent as may be necessary to prevent possible interference with the operation of said lines and trails or their appurtenances, or to
remove possible hazard thereto. Grantors recognize that the general course of said lines, trails, and appurtenances to be constructed, or the metes
and bounds as described herein, is based on preliminary survey(s) only, and Grantors hereby agree that this Easement and its general dimensions
hereby granted shall apply to the actual location of said lines, trails and appurtenances. To the extent that Grantee disturbs, removes or damages
any existing fences on Grantors' Property that do not interfere with Grantee's rights as set forth herein, Grantee shall restore such fences to
reasonably the same condition.
Duration of Easement; The duration of the Easement is perpetual, until all of said facilities shall be abandoned, If abandoned, said Easement shall
cease and all rights herein granted shall terminate and revertto Grantors or Grantors' successors or assigns.
Character of Easement; The Easement is appurtenant to and runs with the title to Grantors' Property, whether or not the Easement is referenced
or described in any com�eyauee of all or such portion of Grantors' Property.
Binding Effect: This Easement binds and inures to the benefit ofthe parties and their respective heirs, successors, and permitted assigns.
Temporary Secondary Easement Grantee has the right (the "Temporary Easement") to use up to 50 feet of the surface of the property that is
adjacent to the Easement ("Adjacent Property") as may be reasonably necessary to constrict and install the facilities within the Easement that are
reasonably suited for the Easement Purpose. After full completion of Grantee's construction and installation of improvements, whichever occurs
first, the Temporary Easement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the Adjacent Property
and the Temporary Easement to its previous physical condition if changed by use of the rights granted by this Temporary Easement,
ACICNO\VLEDGibIEN1'
THE ST'A'I'E OIL 'TEXAS
COUNTY Or COLLIN
Troy Queen
This instrument was acknowledged before me on the day of , 2014, by Troy Queen who states under onththat he/she
is the owner of Grantors' Property described herein and has the authority to execute this document.
Notary Public, State of Texas
PERA•fANENT SEtVI;R AND TRAIL EASEAfENT PAGE 1 of 2
Floella Queen
ACI{NO\'i'L);DGlYiI;NT
THI; STAT>; Or TF7{AS
COUNTY OF COLLIN
This instrument was aoknowledged before me on the day of_ 2014, by Floella Queen who states under oath that
he/she is the owner of Grantors' Property described herein and has the authority to execute this document
Notary Public, State of Texas
PFI2bIANT;NT SL1S'FR AND TRAIL LASFA-ICNT PAGI; 2 of 2
FELLOWSHIP OF PLANO �jAl^�
CALLED; 7,466 ACRES
INSTR. 1120140411000348300
O.P.RAA.T.
TROY QUEEN AND WIFE,
FLOELLA QUEEN
CALLED, 10.27 ACRES
VOLUME 5707, PAGE 4433
O.P.R.C.C.T.
IRON ROD
(FOUND)
50` W(DE
TEMPORARY
CONSTRUCTION
EASEMENT
587055'02'E 1529.00
_. CALLED; 68 ACRES
INSTR. 1t20121002001246520
O,P,R,C.G.T.
Line Tclbie
Line #
Length
Direction
L1
271.70
N02004'58"E
L2
30.00
S87043'37"E
L3
271,60
S02004'58"W
L4
30.00
N87055102"W
t -�`'� TIPTON ENGINEERING
�� a division of Westwood
2740 Norkh Dallas Parkway, Suite 280
Plano, Texas 75093
Ph: (972) 793-0300
t ag. Firm No. F-11756, Tx Survey Firm No. 10074301
L2 PROPOSED
30' SEWER AND
`T TRAIL, EASEMENT
0.187 ACRES
r; (8,950 SQ FT)
P.R.C.C. T.
OFFICIAL PUBUL' RECORDS,
COLLIN COUNTY, TEXAS
POINT OF BEGINNING
POINT OF COMMENCEMENT
MONUMF_NT FOUND (AS NOTED)
SCALE 1" = 200'
►1♦ Ili
�. 1 It
REVISED Oa00733ES03_R2.dwg
EXHIBIT A
SEWER AND TRAIL. EASEMENT
$,150 SQUARE FEET OR 0.187 ACRES
BEING a 0.1$7 acre tract of land situated in the Joseph Schluter Survey, Abstract Na. 856, City of Anna,
Collin, county, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife,
rloella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas
(OPRCCT) and being more particularly described as follows;
COMMENCING at a 1/2-inch iron rod found In the east line of Oak Hollow Estates, Phase 2, recorded in
Cabinet O, Page 392 of the Plat Records of Collin County, Texas (PRCCT) the same being the southwest
corner of said Queen tract and the northwest corner of a tract of land described In deed to Bloomfield
Homes, L.P., recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT);
THENCE South 87 Degrees 55 Minutes 02 Seconds East, along the common north line of said, Bloomfield
Homes, L.P. tract, the same being the south line of said Queen tract, a distance of 1529.00 feet to the
POINT OF BEGINNING;
THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 271.70 feet to the north line of said
Queen tract,
THENCE South 87 Degrees 43 Minutes 37 Seconds East, along the common north line of said Queen
tract and a tract of land conveyed to reilowship of Piano, recorded in County Clerk Instrument No.
20140411000348300, (OPRCCT), a distance of30,00 feet;
THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 271.60 feet to the common south
line of said queen track and the north I(ne of aforementioned Bloomfield Homes, L.P. tract;
THENCE North 87 Degrees 55 Minutes 02 Seconds West, along said common line a distance of 30.00 feet
to the POINT Or BEGINNING and contahiing 8,150 square feet or 0.187 of an acre of land within these
metes described.
Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas
Coordinate System NAD83 (CORS96) Texas North Central zone (4202), NAVD88.
ti
Harr L. DIc<e s 10/06 2014
y � /
RPLS No. 93
PAGE 2 Or 2
CITY OF ANNA, TEXAS
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
October 28, 2014
City Manager
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving an Agreement between the
Texas Department of Agriculture and the City Of Anna, Texas, Contract No. 7214349 for
the Community Development Fund.
SUMMARY:
In 2012, the City submitted an application for a grant from the Texas Department of
Agriculture to fund improvements to the city's sewer collection system. The project
consists of the replacement of certain sewer lines on Geneva, Cunningham, South
Interurban, South Riggins, and Edwards Streets (see attached project map). In August of
this year, we were notified that we have been awarded a grant in the amount of
$275,000 for this project.
When the grant application was submitted, the total project costs were estimated at
$424,2204
Construction: $306,990
Engineering: $591900
Easement Acquisition: $22,330
General Grant Administration: $35,000
TOTALS $424,220
The City will need to fund the difference between the grant and the total project cost,
(currently estimated at $149,220) from working capital in the Water &Sewer Fund. We
would propose to use a portion of the current funds available in our wastewater impact
fee and capital improvement fee accounts to pay existing debt obligations, thereby
making available an additional $150,000 to pay for the local contribution.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT
BETWEEN THE TEXAS DEPARTMENT OF AGRICULTURE AND THE CITY OF ANNA,
TEXAS, CONTRACT NO, 7214349 FOR THE COMMUNITY DEVELOPMENT FUND.
WHEREAS, the City of Anna, Texas (the "City") has submitted an application for a grant from
the Texas Department of Agriculture to fund improvements to the city's sewer collection
system; and
WHEREAS, the project to be funded by the grant consists of the replacement of certain
sewer lines on Geneva, Cunningham, South Interurban, South Riggins, and Edwards Streets
the "Project"); and
WHEREAS, in August of 2014, the City was notified that it has been awarded a grant in the
amount of $275,000 for the Project; and
WHEREAS, in order to accept the grant award, the City is required to approve an agreement
with the Texas Department of Agriculture that governs the administration of the grant funds;
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 Agreement With The Texas Department of Agriculture.
The City Council of the City of Anna, Texas hereby approves the Agreement between the
Texas Department of Agriculture and the City of Anna, Texas, Contract No. 7214349 for the
Community Development Fund, attached hereto as Exhibit 1, and authorizes, ratifies and
approves the City Manager's execution of same. The City Manager is hereby authorized to
execute all documents and to take all other actions necessary to finalize, act under, and
enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 28tn
day of October, 2014.
ATTEST:
Natha Wilkison, City Secretary
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF AGRICULTURE
AND
THE CITY OF ANNA
CONTRACT NO, 7214349
FOR
Y Y:1 D[K�7►i lu 11I`►1 Y 11•� 7 D►�/ � /C�] �► 1 �I►`il li �111►` 7
SECTION 1. PARTIES TO CONTRACT
This contract and agreement is made and entered into by and between the Texas Department of Agriculture (herein
referred to as the "Department"), an agency of the State of Texas, and the City of Anna (herein referred to as the
"Contractor"). The Department and the Contractor are collectively referred to hereinafter as the "Parties." The
Parties have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to
the performance and accomplishment of the tasks described herein.
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on October 15, 2014, and shall terminate on October 14, 2016, unless
otherwise specifically provided by the terms of this contract.
SECTION 3. PURPOSE
The Department has been designated as the state agency to administer, and the United States Government has
awarded the Department finds for, the Texas Community Development Block Grant ("TxCDBG") Program under
Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.), herein
referred to as the "HCD Act."
The Contractor has submitted, and the Department has approved, Contractor's application (herein referred to as the
"Application") which will undertake community development activities (herein referred to as the "Project") and
which is incorporated as part of this contract.
SECTION 4. CONTRACTOR PERFORMANCE
A. The Contractor shall conduct the Project in anon -entitlement area in a manner satisfactory to the Department and
consistent with any standards required as a condition of providing these funds. The authorized use of TxCDBG
fiends is premised upon, and conditioned on, the Contractor fulfilling a CDBG national objective as a result of the
TXCDBG-assisted activities. The Contractor shall perform all activities in accordance with the terms of the
Performance Statement (Exhibit A); the Budget, (Exhibit B); the Project Implementation Schedule (Exhibit C); the
Special Conditions (Exhibit D); the Applicable Laws and Regulations (Exhibit E); the Certifications (Exhibit F); the
assurances, certifications, and all other statements made by the Contractor in the Application; and with all other
terms, provisions, and requirements set forth in this contract.
B. The Contractor shall ensure that the persons to benefit from the activities described in the Performance Statement
are receiving the service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled and before submitting the Project Completion Report to the Department. If the persons to
benefit from the activities described in the Performance Statement are not receiving the service or a benefit, the
Contractor is liable to repay to the Department any associated disallowed costs within the timefi•ame specified by the
Department.
C. The Contractor shall adhere to the Project Implementation Schedule timelines for key project activities. As
described in the TxCDBG Project Implementation Manual and policy directives, the Department may require the
Contractor to submit written justification and take remedial action for any contract activity that is not completed by
the date specified on the Project Implementation Schedule.
Form Rev. 8/26/14 Page 1 of 17 Contract No. 7214349
SECTION 5. DEPARTMENT OBLIGATIONS
A. Payment for Allowable Costs
In consideration of full and satisfactory performance of the activities referred to in Section 4 of this contract, the
Department shall be liable for actual and reasonable costs incurred by the Contractor during the contract period for
performances rendered under this contract, subject to the limitations set forth in this Section.
1. It is expressly understood and agreed by the Parties that the Department's obligations under this contract are
contingent upon the actual receipt of adequate state or federal funds to meet the Department's liabilities under
this contract. If adequate funds are not available to make payments under this contract, the Department shall
notify the Contractor in writing within a reasonable time after such fact is determined. The Department shall
terminate this contract and will not be liable for failure to make payments to the Contractor under this contract.
2. The Department shall not be liable to the Contractor for any costs incurred by the Contractor, or any portion
thereof, which has been paid or is subject to payment to the Contractor, or has been reimbursed or is subject to
reimbursement to the Contractor by any source other than the Department or the Contractor.
3. The Department shall not be liable to the Contractor for any costs incurred by the Contractor which are not
allowable costs, as set forth in Section 7 of this contract.
4. The Department shall not be liable to the Contractor for any costs incurred by the Contractor or for any
performances rendered by the Contractor which are not strictly in accordance with the terms of this contract.
5. The Department shall not be liable for costs incurred or performances rendered by the Contractor before
commencement of this contract or after termination of this contract. The Department may reimburse allowable
administrative and engineering costs incurred by the Contractor prior to this contract's execution date, if prior to
the award the Contractor requested and received written approval from the Department, and the Contractor
complied with all requirements for the release of such funds.
6. The Department shall not be liable to the Contractor for any costs incurred by the Contractor in the
performance of this contract which have not been submitted to the Department by the Contractor within 60 days
following termination of this contract, with the exception of administrative costs for preparation of a Single
Audit. Administration finds reserved on the Certificate of Expenditures for audit costs and eligible for
reimbursement shall be billed to the Department within nine (9) months after the end of the Contractor's fiscal
year that follows the termination date of this contract. The Department shall deobligate all funds not requested
under this paragraph.
B. Excess Pavments
The Contractor shall refiuid to the Department any sum of money which has been paid to the Contractor by the
Department which the Department determines has resulted in overpayment to the Contractor, or which the
Department determines has not been spent by the Contractor in accordance with the terms of this contract. Such
refund shall be made by the Contractor to the Department within 30 calendar days after such refund is requested by
the Department.
C. Limit of Liability
Notwithstanding any other provision of this contract, it is expressly agreed and understood that the total amount to be
paid by the Department to Contractor for allowable expenses incurred under this contract shall not exceed Two
Hundred Seventy-five Thousand and No/100 Dollars ($275,000).
Form Rev. 8/26/14 Page 2 of 17 Contract No. 7214349
SECTION 6. GENERAL CONDITIONS
A. General Compliance
The Contractor agrees to comply with the requirements of Title 24 of the Code of Federal Regulations (CFR) Part
570 (the U.S. Housing and Urban Development [HUD] regulations concerning CDBG), in particular Subparts I - K.
The Contractor also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract, including those specified in the Applicable Laws and Regulations
attached to this contract. The Contractor further agrees to utilize funds available under this contract to supplement
rather than supplant funds otherwise available.
B. "Independent Contractor"
Nothing contained in this contract is intended to, or shall be construed in airy manner, as creating or establishing the
relationship of employer/employee between the parties. The Contractor shall at all times remain an "independent
contractor" with respect to the services to be performed under this contract.
C. Indemnification
The Contractor agrees, to the extent allowed by law, to hold harmless, defend and indemnify the Department from
any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Contractor's performance or
nonperformance of the activities, services or subject matter called for in this contract.
D. Department Reco nig; tion
1. Public buildings, facilities, and centers, including infrastructure visible to the general public, constructed
with fimds provided under this contract shall have permanent signage placed in a prominent visible public area
with the wording provided below.
2. Other consh•uction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways,
housing rehabilitation, etc., utilizing funds provided under this contract shall have temporary signage erected in a
prominent location at the construction project site or along a major thoroughfare within the locality as directed by
the owner.
3. Size and Formatting. The signage must be legible from a distance of at least three feet and comply with the
size and formatting requirements set forth in the TxCDBG Project Implementation Manual.
4. Pro'ect t Sign Wording: "This project is funded by the Office of Rural Affairs of the Texas Department of
Agriculture with fimds allocated by the United States Department of Housing and Urban Development through
the Community Development Block Grant Program."
E. Changes and Amendments
1. Except as specifically provided otherwise in this conh•act, any alterations, additions, or deletions to the terms
of this contract shall be by amendment in writing and executed by both parties to this contract or as otherwise
provided in the TxCDBG Project Implementation Manual. Such amendments shall not invalidate this contract,
or relieve or release the Department or the Contractor from its obligations under this contract.
2. A request for an extension must be supported by documentation of extenuating circumstances beyond
Contractors control which prevented completion of the project within the contract period.
3. A request to extend the contract period should be submitted in writing to the Department as soon as a delay is
foreseen. Contract extension requests must be submitted to the Department approximately 60 days but no later
than 30 days prior to the expiration of the contract and include a revised implementation schedule showing when
Form Rev. 8/26/14 Page 3 of 17 Contract No. 7214349
major milestones will be completed for each activity. A request for an exception to the requirements specified in
this paragraph will be evaluated in accordance with the applicable section of the TxCDBG Project
Implementation Manual.
4. It is understood and agreed by the parties that performances under this contract must be rendered in
accordance with the HCD Act; the policies, procedures and regulations of the Department; assurances and
certifications made to the Department by the Contractor; and the assurances and certifications made to HUD by
the State of Texas with regard to the operation of the TxCDBG Program. Based on these considerations, and in
order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties that
the performances under this contract are amended by the provisions of the TxCDBG Project Implementation
Manual and any amendments thereto and may further be amended in the following manner: The Department
may from time to time during the period of performance of this contract issue policy directives which serve to
establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be
promulgated by the Department in the form of TxCDBG issuances, shall have the effect of qualifying the terms
of this contract and shall be binding upon the Contractor, as if written herein, provided however that the policy
directives and any amendments to the TxCDBG Project Implementation Manual shall not alter the terms of this
contract so as to release the Department from any obligation specified in Section 5 of this contract to reimburse
costs incurred by the Contractor prior to the effective date of the amendments or policy directives.
5. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal
or State law or regulations are automatically incorporated into this contract without written amendment and shall
become effective on the date designated by such law or regulation.
F. Remedies for Noncompliance
1. Suspension or Termination
a. The Department may suspend or terminate this contract, in whole or in part, if the Contractor materially
fails to comply with any term of this contract, including but not limited to:
(1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes,
regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at
any time;
(2) Failure, for any reason, of the Contractor to fulfill its obligations under this conh•act within the
timefiames and manner as specified by the Department;
(3) Failure to complete activities in accordance with the Project Implementation Schedule;
(4) Failure to submit to the Department, within the timeframes and manner as specified by the
Department, any report required by this contract;
(5) Submission by the Contractor to the Department reports that are incorrect or incomplete in any
material respect; or
(6) Misuse or improper use of funds provided under this contract.
b. Knowingly making false statements or providing false information on a grant application, certification,
or report submitted to the Depai•hnent is grounds for termination of the contract award.
Form Rev. 8/26/14 Page 4 of 17 Contract No. 7214349
c. The contract may also be terminated for convenience, in whole or in part, only as follows:
(1) by the Department with the consent of the Contractor in which case the two parties shall agree upon
the termination conditions, including the effective date and in the case of partial termination, the portion
to be terminated; or
(2) by the Contractor upon written nocation to the Department, setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the portion to be terminated.
However, if, in the case of a partial termination, the Department determines that the remaining portion of
the award will not accomplish the purposes for which the award was made, the Department may
terminate the award in its entirety.
d. Upon termination or receipt of notice to terminate, whichever occurs first, the Contractor shall cancel,
withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this
contract or the portion of this contract to be terminated, as applicable, and shall cease to incur costs
thereunder. The Department shall not be liable to the Contractor for costs incurred after termination of this
contract.
e. Notwithstanding any exercise by the Department of its right of suspension or termination as provided in
this Section, the Contractor shall not be relieved of any liability to the Department for damages due to the
Department by virtue of any breach of this contract by the Contractor. The Department may withhold
payments to the Contractor until such time as the exact amount of damages due to the Department from the
Contractor is agreed upon or is otherwise determined.
2. If the Conh•actor materially fails to comply with any term of the award, whether stated in a federal or state
statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the Department,
until it is satisfied that there is no longer any such failure to comply, will take one or more of the following
actions, or impose other sanctions, as appropriate in the circumstances:
a. Terminate payments to the Contractor under this contract;
b. Temporarily withhold payments pending correction of the deficiency by the Contractor;
c. Reduce the grant award or disallow all or part of the cost of the activity or action not in compliance;
d. Wholly or partly suspend or terminate the current award;
e. Withhold further awards for the program; or
£ Take other remedies that may be legally available.
3. Reduction of Payments. In addition to, or in lieu of, any other right or remedy specified in this contract, as
determined by the Department, in its sole discretion, violations or breaches by the Contractor of certain
contractual and TxCDBG program requirements will result in the reduction of Administration finds awarded
under this contract in accordance with the following table:
Violation Amount of Reduction
■ Acquisition 10%
■ Environmental Clearance 15%
■ Equal Employment Opportunity/Fair Housing 10%
■ Labor Standards 15%
■ Inaccurate or incomplete reporting 10%
o Progress Reports
o Project Completion Report
o "Section 3" Reports
4. Withholding of Payments. In addition to the limitations on liability otherwise specified in this contract, if the
Contractor fails to submit to the Department in a timely and satisfactory manner any report required by this
contract, the Department shall, at its sole option and in its sole discretion, withhold any or all payments otherwise
Form Rev. 8/26/14 Page 5 of 17 Contract No. 7214349
due or requested by the Contractor. If the Department withholds such payments, it shall notify the Contractor in
writing of its decision and the reasons therefore. Payments withheld pursuant to this section may be held by the
Department until such time as the delinquent obligations for which funds are withheld are fulfilled by the
Contractor.
5. Ineligibility Period
a. Delinquent audit. If the Contractor fails to comply with the single audit requirements specified in this
contract and fails to submit an acceptable audit report within 90 days after the receipt of notice by the
Department that the audit is past due, the Contractor shall be ineligible to receive other TxCDBG grant
funding opportunities for a period of one year after the 90-day period.
b. Delinquent debt. If the Department requests or requires the Contractor to repay funds to the Department
as a result of the Contractor's noncompliance with contractual or TxCDBG program requirements and the
Contractor fails to repay the funds by such date as specified by the Department, the Contractor shall be
ineligible to receive any future TxCDBG grant finding until the Contractor has repaid the entire obligation to
the Department.
6. Opportunity to cure. The Department shall give the Contractor an opportunity to cure a breach of contract as
follows:
a. Department shall provide written notice to the Contractor, detailing all elements of the breach or
noncompliance.
b. Contractor must commence cure within 30 days of the Department's notice.
c. Contractor must notify the Department in writing within 30 days that cure has begun and provide
detailed explanation of the steps being made to cure the breach or noncompliance.
d. Contractor must complete the cure within 90 days of the Department's notice.
e. Failure to commence cure within 30 days, or failure to complete cure within 90 days, will result in the
Department's right to immediately terminate the contract or take other remedial action that may be legally
available.
SECTION 7. ADMINISTRATIVE REQUIREMENTS
A. Financial Mana etg Went
1. Uniform Administrative Requirements. Except as specifically modified by law or the provisions of this
contract, the Contractor shall comply with applicable uniform administrative requirements, as described in 24
CFR 570.502 and 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to
State, Local and Federally Recognized Indian Tribal Governments," as supplemented by the rules promulgated
by the Office of the Comptroller under the Uniform Grant and Contract Management Act (Tex. Gov't. Code
Chapter 783, referred to as "UGCMS").
2. Accounting Standards. The Contractor agrees to comply with 24 CFR 85.20-26 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
3. Cost Principles. The Contractor shall comply with the requirements and standards of the Department and
HUD on the allowability of costs and the use of TxCDBG fields. The allowability of costs incurred for
performances rendered under this contract shall be determined in accordance with applicable federal regulations
and cost principles, as supplemented by UGCMS and this contract.
Form Rev. 8/26/14 Page 6 of 17 Contract No. 7214349
B. Documentation and Record Keep
1. Records to be Maintained. The Contractor shall maintain all records required by the Federal regulations
specified in 24 CFR 570.490 and 570.506 that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to:
a. Records provng a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG
program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of real property acquired
or improved with TxCDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG
program (Such records must include data on the racial, ethnic, and gender characteristics of persons who are
applicants for, participants in, or beneficiaries of the fiends provided under this contract);
f. Financial records as required by 24 CFR 570.502;
g. Records documenting compliance with labor standards and environmental review; and
h. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Audits &Inspections/Access to Records
a. The Contractor shall give HiJD, the Inspector General, the General Accounting Office, the Auditor of the
State of Texas, an office or agency of the State of Texas, and the Department, or any of their duly authorized
representatives, access to all books, accounts, records, reports, files, and other papers or property pertaining
to the administration, receipt and use of TxCDBG fiords as may be necessary to facilitate their review and
audit of the Contractor's administration and use of TxCDBG funds received under this contract. Such rights
to access shall continue as long as the records are retained by the Contractor. The Contractor agrees to
maintain such records in an accessible location and to provide citizens reasonable access to such records
consistent with the Texas Public Information Act (Tex. Gov't. Code, Chapter 552). The Contractor shall
include the substance of this clause concerning the authority to audit funds and the requirement to cooperate
in all subcontracts it awards.
b. Any deficiencies noted in audit reports must be fully cleared by the Conh•actor within 30 days after
receipt by the Contractor. Failure of the Contractor to comply with the audit requirements will constitute a
violation of this contract and will result in the Contractor's ineligibility to receive other TxCDBG funding
opportunities for a period of one year as provided in Section 6 of this contract.
c. The Contractor understands and agrees that it shall be liable to the Department for any costs disallowed
pursuant to financial and compliance audits) of fiords received under this contract. The Contractor further
understands and agrees that reimbursement to the Department of such disallowed costs shall be paid by the
Contractor from fiords which were not provided or otherwise made available to the Contractor under this
contract.
3. Records Retention. The Contractor shall retain all financial and programmatic records, supporting
documents, statistical records, and all other records required to be maintained by 24 CFR 570.490 and 570.506,
24 CFR 85.42, and this contract for the rg eater of. (i) three years after close-out of the grant from HUD to the
State of Texas (not the closeout of this contract); or (ii) other record retention obligations specific to the
Contractor's contract or project. Contractor may be required to meet record retention requirements greater than
those specified in this Section until audit issues are resolved to the Department's satisfaction, the requirements of
24 CFR 570.487 and 570.488 are met, or the requirements of other applicable law or regulations are met. The
Department posts a list on its website of contracts that HUD has closed out with the State of Texas. These
contracts are listed by closed Program Year, updated once a year or as needed. In the event Contractor has a
question regarding the record retention requirements under this contract, it should contact the Department. The
Contractor shall include the substance of this clause in all subcontracts it awards.
Form Rev. 8/26/14 Page 7 of 17 Contract No. 7214349
4. Close-outs. The Contractor's obligation to the Department shall not end until all close-out requirements are
completed. Activities during this close-out period shall include but are not limited to: making final payments,
disposing of program assets (including the return of all unspent fiends, program income balances, and accounts
receivable to the Department), and determining the custodianship of records. The Contractor shall submit all
required close-out reports to the Department, in a format prescribed by the Department, no later than 60 days
after the contract termination date or at the conclusion of all contract activities as determined by the Department.
Notwithstanding the foregoing, the terms of this contract shall remain in effect during any period that the
Contractor has control over TxCDBG funds, including program income.
C. Reportin and Payment Procedures
1. Program Income. In the same manner as required for all other fluids tinder this contract, the Contractor shall
maintain records of the receipt, accrual, and disposition of all program income (as defined at 24 CFR 570.489(e))
generated by activities carried out with TxCDBG funds made available under this contract. The use of program
income by the Contractor shall comply with the requirements set forth at 24 CFR 570.489(e) and 570.504. By
way of further limitations, the Contractor shall use such income during the contract period for activities permitted
under this contract prior to requesting additional funds from the Department. The Contractor shall provide
reports of program income to the Department with each payment request form submitted by the Contractor in
accordance with the payment procedures described herein, and at the termination of this contract. All
unexpended program income shall be returned to the Department at the end of the contract period, unless
otherwise specifically provided within this contract.
2. Payment Procedures
a. The Department shall pay to Contractor based upon information submitted by the Contractor, consistent
with the approved budget and Department policy concerning payments. Payments shall be made for eligible
expenses actually incurred by the Contractor, and not to exceed actual cash requirements. Payments will be
adjusted by the Department in accordance with program income balances available in Contractor accounts.
b. The Department shall not be liable to the Contractor for any costs incurred by the Contractor under this
contract until the Contractor submits to the Department a properly completed Form A202,
Depository/Authorized Signatories Designation Form, found in Chapter 2 of the TxCDBG Project
Implementation Manual.
c. The Contractor shall submit to the Department at its offices in Austin, Texas, a properly completed
Request for Payment form as specified by the Department. Conh•actor must submit a request for payment
under each budget line item, or a written justification for the delay in drawdown of fluids, within nine (9)
months of the contract start date and every nine (9) months thereafter. Drawdowns for the payment of
eligible expenses shall be made against the line item budgets specified in the Budget and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets specified
in the Budget and in accordance with performance. The Department shall determine the reasonableness of
each amount requested and shall not make disbursement of any such payment until the Department has
reviewed and approved such Request.
d. Notwithstanding the provisions of clauses C.2.a to C.2.c of this Section, it is expressly understood and
agreed by the Parties that payments under this contract are contingent upon the Contractor's frill and
satisfactory performance of its obligations under this contract.
3. Proaress Reports. The Contractor shall submit regular Progress Reports to the Department in the form,
content, and frequency as required by the Department. The Contractor shall comply with all reporting and
submission requirements of the Federal Funding Accountability and Transparency Act (Public Law 109-282, as
amended by section 6202(a) of Public Law 110-252; 31 U.S.C. § 6101 note), as well as the reporting and
submission requirements of HUD as prescribed by the Department.
Form Rev. 8/26/14 Page 8 of 17 Contract No. 7214349
The Contractor is required to immediately report to the Department any incident of misapplication of TxCDBG
funds, or other instances of fraud affecting TxCDBG funds or related projects, associated with this contract.
D. Procurement
Unless specified otherwise within this contract, the Contractor shall procure all materials, property, or services in
accordance with: (1) current Department policy concerning procurements, (2) the requirements of 24 CFR Part 85,
as modified by 24 CFR 570.502(a), and (3) Chapter 252 or 262 of the Texas Local Government Code, as applicable.
The Contractor shall ensure that all purchase orders and contracts include all applicable references to statutes,
implementing regulations and executive orders. In addition, the Contractor shall maintain records of all materials,
property, and services as may be procured with fiends provided herein.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this contract shall be in compliance with the
requirements of 24 CFR Part 85 and 24 CFR 570.4890), 570.5023 570.503(b)(7), and 570.504, as applicable, which
include but are not limited to the following:
1. The Contractor shall transfer to the Department any TxCDBG fiords on hand and any accounts receivable
attributable to the use of finds under this contract at the time of expiration, cancellation, or termination.
2. Real property under the Contractor's control that was acquired or improved, in whole or in part, with fluids
under this contract in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to
24 CFR 570.208 until five years after expiration of this contract. If the Contractor fails to use TxCDl3&assisted
real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Contractor
shall pay the Department an amount equal to the current fair market value of the property less any portion of the
value attributable to expenditures of non-TxCDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Department. The Contractor may retain real property
acquired or improved under this contract after the expiration of the five-year period.
SECTION 8. PERFORMANCE MONITORING
A. The Department shall monitor the performance of the Contractor against the goals stated in the Performance
Statement and the milestones listed in the Project Implementation Schedule. The Department reserves the right to
perform periodic on -site monitoring of the Contractor's compliance with the terms and conditions of this contract,
and of the adequacy and timeliness of the Contractor's performances under this contract. After each monitoring visit,
the Department shall provide the Contractor with a written report of the monitor's findings. If the monitoring reports
note deficiencies in the Contractor's performances under the terms of this contract, the monitoring report shall
include requirements for the timely correction of such deficiencies by the Contractor. Failure by the Contractor to
take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided
in Section 6 of this contract, or the Department may withhold other pending grant awards.
B. If the contract ends without any project beneficiaries resulting from the use of contract funds, the Contractor shall
reimburse to the Department all contract fiords disbursed to the Contractor, including but not limited to funds
disbursed for administration and engineering services. The Contractor shall be required to repay the funds within the
timeframe specified by the Department after the receipt of notice by the Department that fiends must be repaid.
SECTION 9. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply, the Contractor may subcontract
for performances described in this contract without obtaining the Department's prior written approval. The
Contractoi shall only subcontract for performances described in this contract to which the federal labor standards
Form Rev. 8/26/14 Page 9 of 17 Contract No. 7214349
requirements apply after the Contractor has verified the subcontractor's eligibility under the federal System for
Award Management and has followed the subcontracting requirements in the TxCDBG Project Implementation
Manual. The Contractor, in subcontracting for any performances described in this contract, expressly understands
that in entering into such subcontracts, the Department is in no way liable to the Contractor's subcontractor(s).
B. Selection Process
1. The Contractor shall undertake to insure that all subcontracts let in the performance of this contract shall be
awarded on a fair and open competition basis in accordance with applicable procurement requirements.
2. Documentation concerning the selection process, including evidence of competitive procurement as specified
in the TxCDBG Project Implementation Manual, shall be submitted to the Department prior to drawdown of
ftmds relating to the appropriate subcontract.
3. Executed copies of all subcontracts shall be forwarded to the Department upon request.
C. The Contractor shall ensure that the applicable prevailing wage rate is inchided in the advertising and solicitation
of bids in accordance with the TxCDBG Project Implementation Manual.
D. Monitoring. The Contractor shall monitor all subcontracted services on a regular basis to assure contract
compliance. In no event shall any provision of this Section be construed as relieving the Contractor of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with
all of the terms of this contract, as if such performances rendered were rendered by the Contractor. The Department's
approval under this Section does not constitute adoption, ratification, or acceptance of the Contractor's or
subcontractor's performance. The Department maintains the right to insist upon the Contractor's frill compliance with
the terms of this contract, and by the act of approval under this Section, the Department does not waive any right of
action which may exist or which may subsequently accrue to the Department under this contract.
E. Content. The Contractor shall cause all of the provisions of this contract in its entirety to be included in and
made a part of any subcontract executed in the performance of this contract.
F. Bonding. The Contractor shall comply with the bonding requirements of Chapter 2253 of the Texas Government
Code and 24 CFR 85.36(h), as applicable.
G. The Contractor shall maintain a retainage in the amount of five percent (504) of each construction or
rehabilitation subcontract entered into by the Contractor until the Department determines that the Federal labor
standards requirements applicable to each such subcontract have been satisfied.
SECTION 10, LEGAL AUTHORITY
A. The Contractor assures and guarantees that the Contractor possesses the legal authority to enter into this contract,
receive funds authorized by this contract, and to perform the services the Contractor has obligated itself to perform.
B. The person or persons signing and executing this contract on behalf of the Contractor, or representing themselves
as signing and executing this contract on behalf of the Contractor, do hereby warrant and guarantee that he, she or
they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and to validly
and legally bind the Contractor to all terms, performances, and provisions set forth.
C. The Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal
authority of either the Contractor or the person signing this contract to enter into this contract or to render
performances. The Contractor is liable to the Department for any money it has received from the Department for
performance of the provisions of this contract, if the Department has suspended or terminated this contract for
reasons enumerated in this Section.
Form Rev. 8/26/14 Page 10 of 17 Contract No. 7214349
SECTION 11. LITIGATION AND CLAIMS
The Contractor shall give the Department immediate notice in writing of (1) any action, including any proceeding
before an administrative agency, filed against the Contractor arising out the performance of any subcontract; and (2)
any claim against the Contractor, the cost and expense of which the Contractor may be entitled to be reimbursed by
the Department. Except as otherwise directed by the Department, the Contractor shall furnish immediately to the
Department copies of all pertinent papers received by the Contractor with respect to such action or claim. The
Contractor shall provide a notice to the Department within 30 days upon filing under any bankruptcy or financial
insolvency provision of law.
SECTION 12. AUDIT
A. Notwithstanding the requirements in subsection B of this Section, the Contractor shall submit within 60 days
after its fiscal year end an Audit Certification Form (ACF) or a similar statement. The Contractor shall submit an
ACF to the Department annually as long as the Contractor has an open contract with the Department. The ACF or
statement must include information indicating whether the Contractor has or has not met the $500,000 expenditure
threshold that will require a Single Audit Report. If the Contractor did not exceed the threshold, the Contractor shall
include with the ACF or statement a list of all open Federal or State contracts providing financial assistance and the
corresponding activity (including all contracts with the Department and other funding agencies). Failure by the
Contractor to submit a complete ACF or a similar statement as described in the audit requirements by the required
due date will affect finding for all existing contracts, eligibility to apply under the TxCDBG Program, and the
issuance of new contracts for finding awards.
B. If Contractor expends $500,000 or more in Federal awards, including TxCDBG finds or other Federal financial
assistance received indirectly from pass -through entities, during a fiscal year, the Contractor shall be responsible for
obtaining an audit in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and other
applicable federal regulations. The audit shall be made by an independent auditor in accordance with generally
accepted government auditing standards covering financial audits.
C. If the Contractor has a single audit performed, the Contractor shall submit to the Department:
• One (1) copy of the Single Audit Report;
• One (1) copy of the Department's Single Audit Report Submission Check List (See Audit Certification Form
packet for check list); and
• One (1) copy of the CPA's Management Letter (if issued by CPA firm to Contractor), and Management's
response to the Department.
The Contractor shall submit the audit package to the Department within 30 days after completion of the audit, but
no later than nine (9) months after the end of the Contractor's audit period (i.e., after the Contractors fiscal year
end). The Contractor shall ensure that the audit report is made available for public inspection within 30 days
after completion of the audit. Audits performed under subsection A of this Section are subject to review and
resolution by the Department or its authorized representative. The Contractor shall ensure the Audit Report
submitted includes, either in the report or as part of the cover letter, auditor and contractor contact information,
including contact person, mailing address, telephone number, fax number, and e-mail address. The Contractor
shall ensure the Audit Report submitted also includes the submission of the CPA Management Letter if a
Management Letter was issued to the Contractor by its CPA firm. Failure by the Contractor to submit a
completed single audit package as described in the audit requirements by the required due date will affect
finding for all existing contracts, eligibility to apply under the TxCDBG Program, and the issuance of new
contracts for finding awards.
D. The Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to
this Section and Section 7 as the Department may require of the Contractor. The Contractor shall establish written
standard operating procedures and internal controls to include the timely procurement of a CPA firm to start and
Fonn Rev. 8/26/14 Page 11 of 17 Contract No. 7214349
complete the year end single audit report if applicable, in order to comply with contractual and regulatory
requirements. The Department shall not release any funds for any costs incurred by the Contractor under this
contract until the Department has received a copy of any audit report required by this Section.
SECTION 13. ENVIRONMENTAL REVIEW REQUIREMENTS
A. As evidenced by the execution of this conlact, the Contractor understands and agrees that the Contractor is
responsible for environmental review, decision -making, and action under 42 U.S.C. 5304(g), the National
Environmental Policy Act of 1969 (NEPA) [42 U.S.C. 4321 et seq.], and other provisions of law that further the
purposes of NEPA, as specified in 24 CFR 58.5. The Contractor shall comply with the environmental review
procedures set forth in 24 CFR Part 58, the TxCDBG Project Implementation Manual, and all other applicable
federal, state, and local laws insofar as they apply to the performance of this contract. The Contractor must certify
that it has complied with the requirements that would apply under the laws and authorities cited in 24 CFR 58.5 and
must consider the criteria, standards, policies and regulations of these laws and authorities. In addition, the
Contractor must comply with the requirements specified in 24 CFR 58.6.
The Contractor shall be responsible for ensuring compliance with all applicable requirements has been achieved; for
issuing the public notification; for submitting the request for release of funds and related certifications, when
required; and for ensuring the Environmental Review Record is complete.
B. Limitations on Activities Pending Clearance
1. Neither the Contractor nor any participant in the development process, or any of their contractors, may
commit TxCDBG fiends on an activity or project, or execute a legally binding agreement for property acquisition,
rehabilitation, conversion, repair or construction pertaining to a specific site, until the Contractor has completed
the 24 CFR Part 58 environmental review process and the Department has authorized the use of grant finds or
approved the Contractor's request for release of funds and related certification. In addition, until the Contractor's
request for release of finds and related certification have been approved, neither the Contractor nor any
participant in the development process may commit non-TxCDBG funds on or undertake an activity or project if
the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives.
2. If an activity is exempt tinder 24 CFR 58.34, or is categorically excluded (except in extraordinary
circumstances) under 24 CFR 58.35(b), a request for release of finds is not required but the Contractor must
document its determination as required in 24 CFR 58.34(b) and 58.35(d). The Contractor shall comply with the
requirements and procedures in the current TxCDBG Project Implementation Manual, and shall submit to the
Department a Determination of Exemption or Determination of Categorical Exclusion, as applicable, and other
required environmental compliance documentation as specified in the Implementation Manual. The Contractor
shall also comply with other applicable requirements, as specified in 24 CFR 58.6, regardless of whether the
activity is exempt under 24 CFR 58.34 or categorically excluded under 24 CFR 58.35(b).
C. In accordance with 24 CFR 58.77(b), the Contractor shall handle inquiries and complaints from persons and
agencies seeking redress in relation to environmental reviews covered by approved certifications.
SECTION 14. CITIZEN PARTICIPATION REQUIREMENTS
A. The Contractor shall provide for and encourage citizen participation, particularly by low and moderate income
persons who reside in slum or blighted areas and areas in which the fiords provided under this contract are used, in
accordance with 24 CFR 570.486 and this contract.
B. The Contractor shall hold a public
substantially changed, as determined by
hearing concerning any activities proposed to be added, deleted, or
Form Rev. 8/26/14 Page 12 of 17 Contract No. 7214349
C. Prior to the programmatic closure of this contract, the Contractor shall hold a public hearing to review its
performance under this contract.
D. For each public hearing scheduled and conducted by the Contractor under this Section, the Contractor shall
comply with the TxCDBG Project Implementation Manual and the following requirements:
1. Notice of each hearing shall be published in the non -legal section of a newspaper having general circulation
in the Contractor's jurisdiction at least seventy-two (72) hours prior to each scheduled hearing. The published
notice shall include the date, time, and location of each hearing and the topics to be considered at each hearing.
The published notice shall be printed in English and Spanish, if appropriate. The Department shall accept
articles published in such newspapers which satisfy the content and timing requirements of this subsection. In
addition, the Contractor shall prominently post such notices in public buildings and distributed to interested
community groups.
2. If any substantial changes are being requested concerning the activities included in this contract, the public
hearings shall be held after 5:00 p.m. on a weekday or on a Saturday or Sunday. The hearings must be conducted
at a location convenient to potential or actual beneficiaries, with accommodation for persons with special needs.
3. When a significant number of non-English speaking residents can reasonably be expected to participate in a
public hearing, the Contractor shall provide an interpreter to accommodate the needs of the non-English speaking
residents.
E. Notwithstanding the provisions of Section 7 of this contract, the Contractor shall retain documentation of the
public hearing notices, a list of the attendees at each hearing, and minutes of each hearing held in accordance with
this section for a period of three (3) years after the termination of this contract. The Contractor shall make such
records available to the public in accordance with Texas Government Code, Chapter 552.
F. Complaint Procedures. The Contractor shall maintain written citizen complaint procedures that provide a timely
written response to complaints and grievances. Such procedures shall comply with the Department's requirements.
The Contractor shall ensure that its citizens are aware of the location and hours at which they may obtain a copy of
the written procedures and the address and phone number for submitting complaints.
SECTION 15. DEBARMENT
A. By signing this contract, the Contractor certifies that it is not debarred, suspended or• otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Further,
the Contractor is required to immediately report to the Department if it is debarred, suspended or otherwise excluded
from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24.
B. By signing this contract, the Contractor certifies that it will not award any funds provided under this contract to
any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549 and 24 CFR Part 24. The Contractor shall verify the eligibility
status of each proposed subcontractor under this contract and its principals and retain documentation in the local
files.
SECTION 16, PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rim
1. Compliance. The Contractor agrees to ensure that no person shall on the grounds of race, color, national
origin, religion, sex, age, or disability be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity assisted in whole or in part with TxCDBG funds.
Contract No. 7214349
Form Rev. 8/26/14 Page 13 of 17
The Contractor agrees to comply with all federal, state and local civil rights laws and ordinances, including but
not limited to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) as amended; Title VIII of the
Civil Rights Act of 1968, commonly known as the Fair Housing Act (42 U.S.C. 3601 et seq.), as amended by the
Fair Housing Amendments Act of 1988; Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(b) and 24 CFR Part 6, respectively) as amended; Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.); the Age Discrimination Act of
1975 (42 U.S.C., 6101 et seq.); and Executive Order 11063 (Equal Opportunity in Housing) as amended by
Executive Order 12259,
2. Nondiscrimination. The Contractor agrees to comply with the non-discrimination laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, in employment and
contracting opportunities.
3. Subcontract Provisions. The Contractor shall include these civil rights provisions in every subcontract or
purchase order, specifically or by reference.
B. Employment Restrictions
1. Prohibited Activity. The Contractor agrees that no fiords provided, nor personnel employed, under this
contract shall be used for: political activities or to further the election or defeat of any candidate for public
office; lobbying; inherently religious activities; political patronage; and nepotism activities.
2. Labor Standards
a. The Contractor agrees to comply with the requirements of the U.S. Secretary of Labor in accordance
with the Davis -Bacon Act (40 U.S.C. 3141 et seq.) as amended, the provisions of Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701 et seq.), and all other applicable Federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of this contract.
b. The Contractor agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Contractor shall maintain
documentation that demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Department for review upon request.
c. The Contractor agrees that, except with respect to the rehabilitation of residential property containing
less than eight (8) units, all subcontractors engaged under contracts in excess of $2,000 for consh•uction,
renovation or repair work financed in whole or in part with assistance provided under this contract, shall
comply with Federal requirements adopted by the Department pertaining to such contracts and with the
applicable requirements of the regulations of the U.S. Department of Labor, under 29 CFR Parts 1, 3, and 5
governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if
wage rates higher than those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher
wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
(1) The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
Form Rev. 8/26/14 Page 14 of 17 Contract No. 7214349
(2) The Contractor shall comply with HUD's regulations in 24 CFR Part 135, which implement section
3. As evidenced by the execution of this contract, the Contractor certifies that no contractual or other
impediment exists that would prevent it from complying with the part 135 regulations.
(3) The Contractor shall ensure that opportunities for training, employment (including management and
administrative jobs), contracting and other economic opportunities arising in connection with the
construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement
of lead -based paint hazards), and other public construction which includes buildings or improvements
(regardless of ownership), assisted in whole or in part with TxCDBG funds shall, to the greatest extent
feasible, be given to low- and very low-income persons residing within the area in which the TXCDBG-
funded project is located, and to low- and very low-income participants in other HUD programs.
(4) The Contractor agrees to award contracts for work undertaken in connection with this contract to
businesses that provide economic opportunities to low- and very low-income residents within the service
area or the neighborhood in which the project is located, and to low- and very low-income participants in
other HUD programs.
(5) The Contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be
directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 135.
(6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with section 3 covered Indian housing assistance,
section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -
owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
b. Notifications. The Contractor agrees to send to each labor organization or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising
the labor organization or workers' representative of its commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section 3 preference, set
forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, the name and location of the person(s) taking applications for each of the positions,
and the anticipated date the work shall begin.
c. Subcontracts. The Contractor agrees to include this section 3 clause in all solicitations and subcontracts
in excess of $100,000 executed under this contract, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any entity where it
has notice or knowledge that the entity has been found in violation of the regulations in 24 CFR Part 135.
C. Conflict of Interest. The Contractor agrees to abide by the provisions of Chapter 171, Texas Local Government
Code, and 24 CFR 85.36, 570.489(h), and 570.611, which include but are not limited to the following:
1. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its
officers, employees or agents engaged in the award and administration of contracts supported by TxCDBG funds.
Form Rev. 8/26/14 Page 15 of 17 Contract No. 7214349
2. No employee, officer or agent of the Contractor shall participate in the selection, or in the award, or
administration of, a contract supported by TxCDBG finds if a conflict of interest, real or apparent, would be
involved.
3. No covered persons who exercise or have exercised any functions or responsibilities with respect to
TXCD13&assisted activities, or who are in a position to participate in a decision -making process or gain inside
information with regard to such activities, may obtain a financial interest in any contract, or have a financial
interest in any contract, subcontract, or agreement with respect to the TXCDBG-assisted activity, or with respect
to the proceeds from the TXCDBG-assisted activity, either for themselves or those with whom they have business
or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or
appointed official of the Department, the Contractor, or any designated public agency.
4. The Contractor shall include these conflict of interest provisions in all subcontracts.
D. Lobbying
No funds provided under this contract shall be used to pay any person for communicating with a member of the
legislative branch of state government (which includes a member -elect, a candidate for, or an officer or employee
of the legislature or a legislative committee), a member of the executive branch of state government (which
includes an officer, an officer -elect, a candidate for, or an employee of any state agency, department, or office in
the executive branch), a Member of Congress, an officer or employee of Congress or a federal agency, or an
employee of a Member of Congress for the purpose of influencing or attempting to influence legislation or
administrative action.
E. Religious Activities and Faith -Based Organizations
1. The Contractor• shall not discriminate against an organization on the basis of the organization's religious
character or affiliation. The Contractor shall comply with the regulations promulgated by HUD on faith -based
activities at 24 CFR 570.2000).
2. The Contractor agrees that finds provided under this contract will not be utilized for inherently religious
activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. Funds
made available under this contract may not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities. Where a structure is used
for both eligible and inherently religious activities, funds made available under this contract may not exceed the
cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to finds provided under this contract.
SECTION 17. FRAUD, ABUSE, AND MISMANAGEMENT
The Contractor must take steps, as directed by the Department, to avoid or mitigate occurrences of fraud, abuse, and
mismanagement especially with respect to the financial management of this contract and procurements made under
this contract. Upon the discovery of such alleged or suspected fraud, the Contractor shall immediately notify the
Department and appropriate law enforcement authorities, if necessary, of the theft of any assets provided for under
this contract, malfeasance, abuse of power or authority, kickbacks, or the embezzlement or loss of any finds under
this contract.
SECTION 18, EFFECTIVE DATE
This contract is not effective unless signed by the Commissioner of the Deparhnent or by his authorized designee.
Form Rev. 8/26/14 Page 16 of 17 Contract No. 7214349
SECTION 19. WAIVER
Any right or remedy provided for in this contract shall not preclude the exercise of any other right or remedy under
this contract or under any provision of law, nor shall any action taken by the Department in the exercise of any right
or remedy be deemed a waiver of any other rights or remedies. The Department's failure to act with respect to a
breach by the Contractor does not waive its right to act with respect to subsequent or similar breaches. The failure of
the Department to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
SECTION 20. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract
that were made prior to the execution of this contract have been reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute
promised performances by the Contractor in accordance with Section 4 of this contract:
1. Exhibit A,
2. Exhibit B,
3. Exhibit C,
4. Exhibit D.
5. Exhibit E,
6. Exhibit F,
Performance Statement, 2 Pages
Budget, I Page
Project Implementation Schedule, I Page
Special Conditions, 2 Pages
Applicable Laws and Regulations, 2 Pages
Certifications, 2 Pages
SECTION 21. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas.
Signed:
Philip Sanders, City Manager
City of Anna
Date
Approved and accepted on behalf of the Texas Department of Agriculture.
Drew DeBerry, Deputy Commissioner
Texas Department of Agriculture
Date
Form Rev. 8/26/14 Page 17 of 17 Contract No. 7214349
EXHIBIT C
PROJECT IMPLEMENTATION SCHEDULE
CITY OF ANNA
CONTRACT START DATE
October 15, 2014
CONTRACT END DATE
October 14, 2016
If Contractor fails to meet milestones in accordance with this schedule, the Department will withhold
payments to Contractor until such milestone has been completed.
Activity To Be Com leted b Date S ecified:
(
Milestone Date
Procurement of Professional Services Completed
Month 2
12/15/2014
4-Month Conference Call / Meeting Completed
Month 4
2/15/2015
Plans and Specifications Completed
Month 6
4/15/2015
Plans and Specifications
Submitted for Approval (as required')
Month 6
4/15/2015
Environmental Review Completed
Month 6
4/15/2015
Clearance of Pre -Construction Special Conditions
Month 8
6/15/2015
Wage Rate 10-Day Confirmation
Month 8
6/15/2015
Construction Contract Awarded & Executed
Month 9
7/15/2015
Construction - 50% TxCDBG project complete
Month 14
12/15/2015
Construction - 75% TxCDBG project complete
Month 17
3/15/2016
Construction - 90% TxCDBG project complete
Month 19
5/15/2016
Construction & Final Inspections Completed
Month 20
6/15/2016
End Date of Contract
Month 24
10/14/2016
Close-out documents submitted to Department (60 days after End Date)
Month 26
12/13/2016
')See TxCDBG Project Implementation Manual
Form Rev. 8/26/14 Page 1 of 1 Contract No. 7214349
EXHIBIT D
COMMUNITY DEVELOPMENT FUND
SPECIAL CONDITIONS
CITY OF ANNA
A. Special Conditions for Release of Construction Funds
Funds for construction activities under this contract will not be released to the Contractor by the Department until the
following special conditions for release of finds are met. These special conditions must be satisfactorily completed
no later than twelve (12) months after the contract start date. In accordance with Section 6 of the contract, the
Department shall terminate this contract twelve (12) months after the commencement date specified in Section 2 if
these special conditions are not met by such date. Contractor shall submit to the Department:
1. Documentation evidencing Contractor's completion of its responsibilities for environmental review and
decision -making pertaining to the project as required by Section 13 (Environmental Review) of this contract, and
its compliance with NEPA and other provisions of law that further the purposes of NEPA, as specified in 24 CFR
58.5.
2. Certification that Contractor has received all required pre -construction permits or approvals from the
appropriate federal, state, or local entity or regulatory agency prior to beginning construction activities under this
contract.
3. Other documentation required by the Department for release of construction funds as specified in Chapter 2
oI the TxCDBG Project Implementation Manual,
B. Other Special Conditions
1. Project MappinglDesign Information and Copyright
a. The Contractor shall receive and maintain a copy of the final project record drawings) engineering
schematic(s), as constructed using funds under this contract. These maps shall be provided in digital format
containing the source map data (original vector data) and the graphic data in files on machine readable media,
such as compact disc (CD), which are compatible with computer systems owned or readily available to the
Contractor. The digital copy provided shall not include a digital representation of the engineer's seal but the
accompanying documentation from the engineer shall include a signed statement of when the map was
authorized, that the digital map is a true representation of the original sealed document, and that a printed version
with the seal has been provided to the Contractor. In addition, complete documentation as to the content and
layout of the data files and the name of the software package(s) used to generate the data and maps shall be
received and maintained by Contractor in written form. The Contractor shall provide the Department upon
request a copy of all the electronic files and other data received, including the original vector data, and all
documentation in electronic format, on a CD or other media in a file format determined by the Department. If
requested by the Department, the Contractor shall ensure that the CD copy of all the electronic files and other
data provided to the Department are properly identified. Specifically, the CD label shall show the Contractor's
name, the Department's assigned contract number, the contents of CD, the preparer's name, and the name of the
software package(s) used to generate the maps on the CD.
b. Where activities supported by this contract produce copyrightable material, the Contractor shall not assert
any rights at common law or in equity or establish any claim to statutory copyright in such material without the
Department's prior written approval. The Department reserves a royalty -free, nonexclusive, and irrevocable
license to copy, produce, publish, and use such material, and to authorize others to do so.
Form Rev. 8/26/14 Page 1 of 2 Contract No. 7214349
a Provisions appropriate to effectuate the purposes of this subsection must be in all employment contracts,
consultant contracts, including engineering consultant contracts, and other contracts or agreements in which
funds received by the Contractor under this contract are involved.
Form Rev. 8/26/14 Page 2 of 2 Contract No. 7214349
i
APPLICABLE LAWS AND REGULATIONS
The Contractor shall comply with the HCD Act; federal regulations speced in this contract; and with all other
federal, state, and local laws and regulations insofar as they apply to the performance of this contract, including but
not limited to the laws and regulations specified in this Exhibit.
I. LEAD -BASED PAINT
The Contractor agt•ees that any construction or rehabilitation of residential structures with assistance provided under
this contract shall be subject to the Lead -Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35.
II. ENVIRONMENTAL LAW AND AUTHORITIES
A. The Council on Environmental Quality regulations contained in 40 CFR parts 1500 through 1508
B. Historic Properties
1. The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et seq.), particularly sections
106 and 110 (16 U.S.C. 470 and 470h-2)
2. Executive Order 11593, Protection and Enhancement of the Cultural Environment, 36 FR 8921 (May 13,
1971)
3. Federal historic preservation regulations, at 36 CFR part 800 with respect to HUD programs
4. The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of
1974 (16 U.S.C. 469 et seq), particularly section 3 (16 U.S.C. 469a4)
C. Floodplain management and wetland protection
1. Executive Order 11988, Floodplain Management, 42 FR 26951 (May 24, 1977), as interpreted in HUD
regulations at 24 CFR part 55, particularly section 2(a) of the order
2. Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 24, 1977)
D. Coastal Zone Mana erg Went. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as
amendedI particularly sections 307(c) and (d) (16 U.S.C. 1456(c) and (d))
E. Water s• sty ems
1. The Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.) as amended; particularly section 1424(e)
(42 U.S.C. 300h-3(e))
2. Sole Source Aquifers (Environmental Protection Agency40 CFR part 149)
F. Endan eg red species. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as amended, particularly
section 7 (16 U.S.C. 1536).
G. Wild and scenic rivers. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) as amended,
particularly sections 7(b) and (c) (16 U.S.C. 1278(b) and (c)).
H. Air quality
1. The Clean Air Act (42 U.S.C. 7401 et seq.) as amended, particularly sections 176(c) and (d) (42 U.S.C.
7506(c) and (d))
2. Determining Conformity of General Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency-40 CFR parts 6, 51, and 93)
Form Rev. 8/26/14 Page 1 of 2 Contract No. 7214349
I. Farmland protection
1. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) particularly sections 1540(b) and 1541 (7
U.S.C. 4201(b) and 4202)
2. Farmland Protection Policy Act regulations (7 CFR part 658)
J. HUD enviromnental standards
1. Applicable criteria and standards specified in HUD environmental regulations (24 CFR part 51) other
than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3)
2. It is HUD policy that all properties that are being proposed for use in HUD programs be free of
hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a
hazard could affect the health and safety of occupants or conflict with the intended utilization of the
property.
3. The environmental review of multifamily housing with five or more dwelling units (including leasing),
or non-residential property, must include the evaluation of previous uses of the site or other evidence of
contamination on or near the site, to ensure that the occupants of proposed sites are not adversely
affected by any of the hazards listed in paragraph J.2 of this section.
4. Particular attention should be given to any proposed site on or in the general proximity of such areas as
dumps, landfills, industrial sites, or other locations that contain, or may have contained, hazardous
wastes.
K. Environmental iustice for low income and minoritypopulations. Executive Order 12898 of February 11,
1994 (59 FR 7629).
III. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. Sec. 4601 et seq.,
24 CFR at 42, and 24 CFR 570.606.
Form Rev. 8/26/14 Page 2 of 2 Contract No. 7214349
EXHIBIT F
CERTIFICATIONS
WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY THE CITY
OF ANNA, THAT;
(1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASSISTED WITH
SUCH FUNDS;
(2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH THE CIVIL
RIGHTS ACT OF 1964 (42 U.S.C. 1981 et seq.) AND THE FAIR HOUSING ACT (42 U.S.C. 3601 et seq.), AND
THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING AS SPECIFIED BY THE DEPARTMENT;
(3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS AND ACCESS
TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED
BY THE DEPARTMENT;
(4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVEMENTS
ASSISTED IN WHOLE OR IN PART WITH SUCH FUNDS BY ASSESSING ANY AMOUNT AGAINST
PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE INCOME, INCLUDING
ANY FEE CHARGED OR ASSESSMENT MADE AS A CONDITION OF OBTAINING ACCESS TO SUCH
PUBLIC IMPROVEMENTS UNLESS (A) SUCH FUNDS ARE USED TO PAY THE PROPORTION OF SUCH
FEE OR ASSESSMENT THAT RELATED TO THE CAPITAL COSTS OF SUCH PUBLIC IMPROVEMENTS
THAT ARE FINANCED FROM REVENUE SOURCES OTHER THAN SUCH FUNDS; OR (B) FOR PURPOSES
OF ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF
MODERATE INCOME, THE CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER
THIS CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A).
(5) IN THE EVENT THAT DISPLACEMENT OF RESIDENTIAL DWELLINGS WILL OCCUR IN
CONNECTION WITH A PROJECT ASSISTED WITH TxCDBG FUNDS, IT WILL FOLLOW A RESIDENTIAL
ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS SPECIFIED BY THE DEPARTMENT.
(6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY
LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY INDIVIDUAL ENGAGED
IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS AND A POLICY OF ENFORCING APPLICABLE
STATE AND LOCAL LAWS AGAINST PHYSICALLY BARRING ENTRANCE TO OR EXIT FROM A
FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH NON-VIOLENT CIVIL RIGHTS
DEMONSTRATION WITHIN ITS JURISDICTION.
Form Rev. 8/26/14 Page 1 of 2 Contract No. 7214349
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
CITY OF ANNA
CERTIFIES, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT:
(1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID, BY OR ON BEHALF OF
THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN
OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF
CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE
AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF ANY FEDERAL GRANT, THE MAKING
OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE
EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL
CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT.
(2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE
PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR
EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF
CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL
CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE
AND SUBMIT STANDARD FORM - LLL, "DISCLOSURE FORM TO REPORT LOBBYING," IN
ACCORDANCE WITH ITS INSTRUCTIONS.
(3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE
INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING
SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY.
THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT WHICH RELIANCE WAS PLACED
WHEN THIS TRANSACTION WAS MADE OR ENTERED INTO. SUBMISSION OF THIS CERTIFICATION
IS A PREREQUISITE FOR MAKING OR ENTERING INTO THIS TRANSACTION IMPOSED BY 31 U.S.C.
1352. ANY PERSON WHO FAILS TO FILE THE REQUIRED CERTIFICATION SHALL BE SUBJECT TO A
CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH
FAILURE.
Foam Rev. 8/26/14 Page 2 of 2 Contract No. 7214349
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CITY OF ANNA
All activities funded with TxCDBG funds must meet one of the CDBG program's National Objectives: benefit and moderate4ncome moderate4ncome persons, aid in the prevention or elimination of slums or blight, or meet community development
needs having a particular urgency.
Contractor shall carry out the following activities in the target area identified in the Application. The Contractor shall
ensure that the amount of funds expended for each activity described does not exceed the amount specified for such
activity in the Budget.
CURRENT NEED
The City of Anna has sewer lines that are aged and deteriorated, resulting in frequent maintenance issues and
disruptions in service.
The Contractor certifies that the activity (ies) carried out under this contract will meet the National Objective of
benefitting low- and moderate4ncome persons with at least 51% of the beneficiaries qualifying as low- to moderate -
income.
ACTIVITIES
Sewer Improvements Contractor shall replace sewer lines to prevent frequent maintenance issues and disruptions in
service. Contractor shall install approximately seven thousand sixteen linear feet (7,016 l.f.) of four -inch (4") to eight -
inch (8") sewer line, eight (8) manholes, service reconnections, driveway and pavement repair, and all associated
appurtenances. Construction shall take place in the following locations:
STREET
FROM
TO
Geneva
End
End
Cunningham
End
End
South Interurban
End
End
South Riggins
End
End
Edwards
End
End
These activities shall benefit one hundred ninety-five (195) persons, of which one hundred forty-eight (148) persons or
seventy-six percent (76%) are of low- to moderate -income.
Acquisition
Contractor shall acquire the easements needed for the sewer improvement project site. Contractor shall carry out all
acquisition of needed real property, easements, and/or rights -of --way in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing
regulations (24 C.F.R. Part 42).
Engineering
Contractor shall ensure that the amount of Department fiords expended for all eligible project -related engineering
services, including preliminary and final design plans and specifications, all interim and final inspections, and all
special services does not exceed the amount specified for engineering in the Budget.
Form Rev. 10/2/13 Page 1 of 2 Contract No. 7214349
General Administration
Contractor shall ensure that the amount of Department funds expended for all eligible projecta•elated administration
activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for
administration in the Budget.
Form Rev. 10/2/13 Page 2 of 2 Contract No. 7214349
i
BUDGET
CITY OF ANNA
Proiect Activities Contract Funds Other Funds Total Funds
03J—S Sewer Improvements - Total $275,000 $114,220 $38%220
Sewer Improvements -Construction $270,000 $36,9901 $306,990
Sewer Improvements -Engineering $5,000 $545900' $595900
Sewer Improvements -Acquisition $0 $225330' $225330
21A General Program Administration - Total $0 $35,0001 $355000
TOTALS $275,000 $149,220 $424,220
Source of Other Funds:
1 — City of Anna, General Fund
Form Rev. 10/2/13 Page 1 of 1 Contract No. 7214349
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CITY OF ANNA, TEXAS
Item No. 13
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28, 2014
City Manager
AGENDA SUBJECT: 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:
SUMMARY:
a. consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land
for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of a
financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov't Code §551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Annual Review and
Update; City Manager Annual Review; Boards and Commissions. (Tex. Gov't
Code §551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Adjourn
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. 15
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
October 28I 2014
City Manager
CITY OF ANNA, TEXAS
Item No. 14
City Secretary's use only
City Council Agenda
Date:
Staff
Exhibits:
Staff Report
October 28, 2014
City Manager
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for
October 28, 2014 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION: