HomeMy WebLinkAbout2014-04-22 Workshop & Regular MeetingYfOIIR} HOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
April 22 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., April
22, 2014, at the Anna City Hall Administration Building, located at III N. Powell
Parkway (Hwy 5), regarding the following items:
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing/Discussion regarding FY 2015 Budget Revenue Projections. (Clayton
Fulton)
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
gation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code . 551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072)5
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City seeks
to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City is conducting economic development
negotiations; or (2) To deliberate the offer of a financial or other
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
04-22-14 CC Workshop Meeting Agenda.doc
Posted 04-18-14
incentive to a business prospect described by subdivision (1). Tex.
Gov't Code §551.087 ), proposed retail development;
d. discuss or deliberate personnel matters: City Attorney Annual
Review. (Tex. Gov't Code � 551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
5. Consider/Discuss/Action on any items listed On posted agenda for April 22, 2014
City of Anna City Council Regular Meeting or any Closed Session occurring
during this Workshop, as necessary.
6. Adjourn.
This is to certify that I, Natha 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., April 18, 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.
04-22-14 CC Workshop Meeting Agenda.doc 2 Posted 04-18-14
CITY COUNCIL MEETING
SIGN IN SIIEET
DATE: "_ _
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
ADDRESS
CONSTRUCTION CONTRACT
Water Splash Inc. ("Builder,") and, the City of Anna, Texas ("Client,") hereby enter into this Construction Contract (this "Contract")
effective as of this 23 day of April 2014, for the purposes of establishing the provisions of the delivery and construction of the
recirculation system and related equipment for the existing splash pad located at Slayter Creek Park.
1. Summary of Contract
Builder will provide Client all of the items set forth in this Contract in the manner and within the time period set forth herein and shall
otherwise perform its obligations under this Contract at a Total Price (as set forth in Section IV of this Contract) of $58,000,00.
Ii. Builder Obligations
Builder must perform the following obligations:
1. Site preparation. Includes soil stabilization and excavation to a depth of 4 feet consistent with the geotechnical report
provided to builder by client. Includes filler of select fill — soil/crushed rock plus support base, soil removal and disposal.
2. Construction/Installation. Includes installation of splash pad recirculation system and all related products, equipment
and materials in accordance with the illustration and designs document hereto as Exhibit A and other applicable
provisions of this Contract, said products, equipment and materials including without limitation:
a. Installation of sand filter/Hayward, recirculation pump/ Hayward, UV cleaning system (ChlorKing), chemical
controller (Hayward), chemical storage units (30 gal, 15 gal), and feeding pumps (2 each), aluminum external box;
b. Tying current drain to storage tank;
c. Connecting overflow of storage tank to city drain;
d. Connecting recirculation pump and sand filter to storage tank;
e. Concrete pour and assemble recirculation equipment next to current equipment room;
f. Install a new aluminum equipment box for recirculation equipment.
3. Technical Specifications. Prior to construction and installation, Builder shall provide Client with the technical
specification for all splash to features listed in Section 11.2. of this Contract.
4. Performance/Payment Bonds. Within ten business days of the effective date of this Contract, Builder shall provide to
Client a payment bond and a performance bond, each in the amount of the Total Price of this Contract and each in
accordance with Texas Government Code § 2253.021. Said bonds must be provided to Client in a form approved by Client
before Builder performs any services or work under this Contract, and before any sums shall become due and payable
by Client. Should the Total Price increase for any reason, Builder shall submit additional payment bonds and performance
bonds to match any such increases.
5. Maintenance Bond. In addition to and cumulative of any warranties provided by Builder, Builder shall provide to Client
a two-year maintenance bond in the Total Price of this Contract and in a form approved by Client.
6. Change Orders. Before requesting a change order that would increase the Total Price, Builder will take all reasonable
steps to find suitable alternatives that meet the requirements of this Contract without increasing the Total Price and
Builder will pursue such alternatives with dispatch and diligence after written approval by Client. Builder shall not
proceed with any work described in a change order that increases the Total Price unless such change order specifically
describes the changes in the work the amount of the price increase, and is signed by Client's City Manager.
7. Construction Period. Builder agrees that construction will begin after receiving Client's written notice to proceed, as
earIy as April 23, 2014, and that completion is guaranteed by June 3, 2014. Builder shall be responsible to pay Client in
the amount of $500 for each day that work remains uncompleted after June 3, 2014.
CONSTRUCTION CONTRACT Page 1 of 4
8. Insurance Requirement. Builder agrees to hold insurance policies including auto liability and general liability in the
coverage amounts, of at least $2,000,000.00 per occurrence, said policies covering injuries to persons or property,
equipment, materials and/or subcontractors, and shall further hold any other insurance policies required under the laws
of the State of Texas in the statutory amounts. Compliance with these insurance requirements shall not limit the liability
of Builder or any subcontractor. Any remedy provided to Client by any insurance maintained by Builder and/or a
subcontractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee
of Builder) available to Client under this Contract or otherwise. Neither approval nor failure to disapprove insurance
furnished by Builder or subcontractor shall relieve Client from responsibility to provide insurance as required by this
Contract.
9. Subcontractors/Hires. Builder may use qualified subcontractors of their choice, with the understanding that payment to
the subcontractor is the sole responsibility of Builder. Builder will utilize a fully qualified on -site engineer to supervise
the entire project installation.
10. Cleanup. Builder agrees to be solely responsible for removal of all debris, equipment, and materials and dispose of same
according to city/state laws and regulations.
11. Warranties. In addition to and cumulative of the other as3urances/bonds to be provided by Builder under this Contract,
Builder shall provide Client with all warranties described or referenced in the attached Exhibit A, and shall do so within
ten business days of the effective date of this Contract.
12. Indemnity. EXCEPT FOR EXPENSES OR LIABILITIES ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON
CONDUCT OF CLIENT, BUILDER HEREBY EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD CLIENT HARMLESS
FROM AND AGAINST ANY AND ALL EXPENSES AND LIABILITIES ARISING OUT OF THE PERFORMANCE OR DEFAULT OF THIS
CONTRACT AS FOLLOWS: BUILDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, CLIENT AND ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND
AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, (WHETHER IN CONTRACT OR IN TORT, INCLUDING PERSONAL
INJURY, ACCIDENTAL DEATH OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS/ALLEGATIONS ARE FALSE,
FRAUDULENT OR GROUNDLESS), AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND RELATED COSTS, EXPERT
FEES, LITIGATION, ARBITRATION, MEDIATION, OR APPEAL EXPENSES) INCURRED IN ANY MATTER, INCLUDING A
PROCEEDING TO ENFORCE THE DUTIES SET FORTH IN THIS PARAGRAPH WHICH IN WHOLE OR IN PART ARE ALLEGEDLY
CAUSED BY THE NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGFUL MISCONDUCT OF BUILDER OR PERSONS
EMPLOYED BY OR UTILIZED BY BUILDER IN BUILDER'S PERFORMANCE OF THIS CONTRACT. BUILDER'S OBLIGATION TO
INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL REMAIN IN EFFECTAND SHALL BE BINDING UPON BUILDER WHETHER
SUCH INJURY OR DAMAGE SHALL ACCRUE, OR MAY BE DISCOVERED, BEFORE OR AFTER TERMINATION OF THIS
CONTRACT, BUILDER'S FAILURE TO COMPLY WITH THIS SECTION'S PROVISIONS SHALL CONSTITUTE A MATERIAL BREACH
UPON WHICH BUYER MAY IMMEDIATELY TERMINATE OR SUSPEND THIS CONTRACT, AND PURSUE ANY OTHER
AVAILABLE REMEDY.
13. Business Registration. As an entity organized outside of the State of Texas, Builder must register as a foreign company
with the Office of the Texas Secretary of State. While Builder may begin work under this Contract before it has completed
such registration, Client shall have no obligation to make any payment under this Contract until such time that Builder
has fully completed said registration. Once registered, Builder shall maintain such registration in good status with the
Office of the Texas Secretary of State at all times while performing any services under this Contract and for at least 12
months after the conclusion of the performance of said services. Notwithstanding any other provision of this Contract,
Client may terminate this Contract after giving 30 days' written notice to Builder that Client has determined, upon
information and belief, that Builder has not completed such registration with the Office of the Texas Secretary of State.
Such termination shall become effective 30 days after submission of said written notice unless Builder delivers proof to
Client that it has fully completed such registration. To be considered valid, said proof must be certified by the Office of
the Texas Secretary of State.
I11. Client Obligations
Client is responsible for the following items:
1. Permit Fees. In addition to the payments otherwise required under this Contract, payment of any required permit fees.
CONSTRUCTION CONTRACT Page 2 of 4
2. Payment. Subject to other express terms of this Contract, Client agrees to pay Builder according to the following
schedule:
a. Client will make one scheduled payment may withhold a final payment amount of $5,000 until Builder has complied with
the provision regarding the required maintenance bond under Section 11.5. of this Contract.
3. Price Changes. Client will be responsible for additional costs that are the result of any agreed -upon, properly approved
and executed change orders, should they be necessary, subject to Builder's responsibilities under Section 11.6. Of this
Contract.
IV. Price
The "Total Price" for all materials and services to be provided under this Contract is $58,000.00 as set forth below:
Electrical work
Plumbing work
Equipment (Purchase and Installation)
Excavation work and backfilling
UV Filtration Upgrade
Water Recirculation System —
(pump has been installed)
Project Total
$5,000
$10,000
$5,000
$15,000
$ 58,000.00
1. Authority to Contract. Builder represents and warrants to Client that the person signing this Contract has full authority to
bind Builder to its obligations and promises as set forth in this Contract. Client represents and warrants w Builder that the
person signing this Contract has full authority to bind Client to its obligations and promises as set forth in this Contract.
2. Representations and Warranties. Builder represents and warrants to Client that Builders statements in the attached Exhibit
A, and the information contained therein, is true and correct and applicable to this Contract and Builder's obligations
hereunder.
3. Independent Contractor. Except as expressly set forth in this Contract, Builder shall be solely responsible for and have
exclusive control over delivery of the products, materials, equipment and installation/construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the work and services under this Contract. This
Contract is not in any respect a joint venture or partnership between Builder and Client.
4. Applicable Law/Venue. This Contract shall be governed by the laws of the State of Texas and exclusive jurisdiction over and
venue for any dispute arising from, related to, or growing out of (directly or indirectly) this Contract, shall be brought in a
court of competent jurisdiction in Collin County, Texas,
5. Addresses and Notice. All notices hereunder from Client to Builder will be sufficiently given if sent by certified mail with
confirmation of delivery, addressed to: Gokhan Celik, WaterSplash Inc., 25 Locust St. #412, Champlain NY 12919. All notices
from Builder to Client will be sufficiently given if sent by certified mail with confirmation of delivery, addressed to: City
Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75409. All notices will be deemed to have been
given on the date of mailing or sending of such notice. The parties may change their respective address upon five business
days' written notice to the other party.
6. Entire Agreement, This Contract, Exhibit A, attached hereto, and the written warranty(ies) and Technical Specifications to be
delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind made
CONSTRUCTION CONTRACT Page 3 o4 4
by the parties or their representatives. No representative or employee of Builder or Client has any authority to bind
themselves, respectively, to any term, representation or warranty other than those specifically included in this written
Contract or the written warranty (ies) and Technical Specifications to be delivered to Client in connection with this Contract.
This Contract may not be amended or supplemented except by written agreement executed by Builder and Client. This
Contract is not intended to benefit any parties not a party hereto.
SIGNATURES:
CITY OF ANNA
By: Philip Sanders, City Manager
WATER SPLASH, INC.
By: Gokhan Celik, its President
CONSTRUCTION CONTRACT
Page 4 of 4
Council Meeting: April 225 2014
Account Code #: N/A
N/A
Item No. 3 WS
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Clayton Fulton
Date Prepared: 04/16/2014
Exhibits: ❑Yes Q No
AGENDA SUBJECT: Briefing/Discussion regarding Preliminary FY 2015 Budget
Revenue Projections.
SUMMARY: Staff will review the General and Utility Funds' preliminary projected
revenue for the FY 15 budget. The revenue estimates are preliminary and will change as
the budget process moves forward.
The changes are subject to the Collin CAD certified appraisal numbers, tax rates, changes
in the economy, growth patterns, utility consumption, etc. The overall revenue for each
fund will be discussed with particular attention to the largest drivers of each respective
budget.
The biggest driver of the General Fund budget is property taxes. Staff has received
information from the Collin CAD regarding preliminary estimates of property values for
the 2014 tax year. Office estimates will be provided April 30th 2014. Staff will review
the preliminary estimates.
The biggest driver in the Utility Fund is consumption patterns. Staff has preliminary
information from our rate consultant and will review projected revenues as determined by
the consultant's consumption and revenue models.
RECOMMENDED ACTION: None
y{OUR} Ii01VCETOWIV
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
April 229 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., April 22,
2014, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the Cit}� Council Meeting. Please sign the Sign -In -Sheet as a recor°d of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens crre allotived 3 rninzrtes 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 conunurrity interest incltot de0 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 safeo} 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.
04-2244 CC Regular Meeting Agenda.doc 1 Posted 04-18-14
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 City Council Minutes for April 8, 2014 Regular Meeting.
b. Review minutes of the Anna EDC from January 9, 2014 and March 6,
2014. (Jessica Perkins)
c. Review minutes of the Anna CDC from January 9, 2014 and March 6,
2014. (Jessica Perkins)
d. Approve a Resolution authorizing a budget amendment for the Anna
EDC FY 2014 budget. (Jessica Perkins)
e. Review P & Z Minutes for January 6, 2014; February 3, 2014;
February 24, 2014; March 3, 2014.
6. (a) Public Hearing: To consider public comments on an ordinance amending
the Anna City Code of Ordinances by amending Part III-C (Zoning
Ordinance), Section 38 (Parking Space Regulations) by replacing the Table in
Section 38.01 (Automobile Parking Space Regulations). (Maurice Schwanke)
(b) Consider/Discuss/Action regarding an ordinance amending the Anna Code
of Ordinances by amending Part III-C (Zoning Ordinance) Section 38
(Parking Space Regulations) by replacing the Table in Section 38.01
(Automobile Parking Space Regulations. (Maurice Schwanke)
7. (a) Public Hearing: To consider public comments on an ordinance amending
the Anna City Code of Ordinances by amending Part III-C (Zoning
Ordinance), Section 31 (Thor -Thoroughfare Overlay) by adding Section
31.02 (Definition) and adding Section 31.07 (Building Masonry Regulations).
(Maurice Schwanke)
(b) Consider/Discuss/Action regarding an ordinance amending the Anna Code
of Ordinance by amending Part III-C (Zoning Ordinance), Section 31 (Thor -
Thoroughfare Overlay) by adding Section 31.02 (Definition) and adding
Section 31.07 (Building Masonry Regulations). (Maurice Schwanke)
8. Consider/Discuss/Action approving a Resolution authorizing a project and
expenditure of funds of the Anna Community Development Corporation to
allow for a site improvement to the splash pad at Slayter Creek Park. (Jessica
Perkins)
9. Consider/Discuss/Action regarding a Resolution approving a contract with
Water Splash for splash pad renovation. (Rob Woods)
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-
332S two working days prior to the meeting so that appropriate arrangements can be made.
04-2244 CC Regular Meeting Agenda.doc 2 Posted 04-1844
10. Consider/Discuss/Action regarding an Ordinance amending the Anna City
Code of Ordinances regarding utility billing operations, notices, and fees;
amending Part 11, Article 49, Section 1 and Section 7; and Part IV, Article 7,
Section 5. (Clayton Fulton)
11. Consider/Discuss/Action regarding a Resolution authorizing distribution of
contingency appropriation. (Clayton Fulton)
12. Consider/Discuss/Action regarding a Resolution accepting the Consumer
Price Index (CPI) adjustment to municipal telecommunications right-o&way
access line rates. (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);
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 4551.087); proposed retail development;
d. discuss or deliberate personnel matters: City Attorney Annual
Review. (Tex. Gov't Code �551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
14. Consider/Discuss/Action on any items listed on posted agenda for April 22,
2014 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
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.
04-22-14 CC Regular Meeting Agenda.doc 3 Posted 04-18-14
15. Adjourn.
This is to certify that I, Natha WillciSon, City Secretary, posted this agenda at
a place readily accessible to the public at the Anna City Hall and on the City
Hall bulletin board at or before 5:00 p.m. April 18, 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 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.
04-22-14 CC Regular Meeting Agenda.doc 4 Posted 04-18-14
n
Council Meeting: April 22 2014
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Call to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-18-14
Exhibits: ❑Yes ❑ No
C .�
F •. C�h�ii�lk�l!'f� i
Council Meeting: April 22 2014
Account Code #: N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
❑ No
YtOUR}HOMETOWN
Council Meeting: April 22, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-18-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to
speak. The Council is unable to respond to or discuss any issues that are brought up
during this section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquhy or to recite existing policy in
response to the inquiry.
RECOMMENDATION:
Council Meeting: April 22, 2014
Account Code #: N/A
Budgeted Amount:
1�7l:1
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-18�14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
or salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
Council Meeting: April 22, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 La - e
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-18M14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or•
'housekeeping" items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for April 8, 2014 Regular Meeting.
b. Review minutes of the Anna EDC from January 9, 2014 and March 6,
2014. (Jessica Perkins)
c. Review minutes of the Anna CDC from January 9, 2014 and March 6,
2014. (Jessica Perkins)
d. Approve a Resolution authorizing a budget amendment for the Anna
EDC FY 2014 budget. (Jessica Perkins)
e. Review P & Z Minutes for January 6, 2014; February 3, 20140
February 24, 2014, March 3, 2014.
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
April 8, 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., April 85 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 Cozrncil Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you ivish 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.
Mayor Milce Crist called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Milce Crist gave the invocation.
3. Citizen comments. Citizens ar•e allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
None
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by
a member of the governing body or an official or employee of the
municipality, and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
None
5. Consent Items. These items consist of iron -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
04-08-14 CC Regular Meeting Minutes.doc 1 04-08-14
member making such request prior to a motion and vote on the Consent
Items.
a. Approve City Council Minutes for March 25, 2014 Regular
Meeting.
b. Approve City Council Minutes for April 1, 2014 Special Meeting,
Council Member Barnes made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
6. Consider/Discuss/Action regarding a Resolution creating a Downtown
Advisory Committee. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council. Council Members discussed membership of the committee. Mayor
Crist made the motion to approve. Council Member Bryan seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Consider/Discuss/Action regarding a Resolution approving a Professional
Services Agreement with Centurion American. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Barnes made the motion to approve the agreement
with Centurion Acquisitions LP. Mayor Crist seconded the motion. Motion
passes.
AYE 6
8. Consider/Discuss/Action regarding a Resolution approving a Financial
Advisory Agreement with First Southwest Company. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Barnes made the motion to approve. Council
Member Lovato seconded the motion. Motion passes.
2
• i 1
ABSTAIN 0
9. Consider/Discuss/Action regarding the City's vote for the re-election of
nominees to the Build America Mutual Assurance Company's Board of
Directors. (Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and
answered questions. Mayor Crist made the motion to approve. Council
Member Dowd seconded the motion. Motion passes.
04-08-14 CC Regular Meeting Minutes.doc 2 04-08-14
AYE 6 NAY 0 ABSTAIN 0
Council Member Bryan made the motion to enter closed session at 7:53 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
55� 1.071);
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of rights -
of -way and utility easements,
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 retail development; Villages of Hurricane
Creek.
d. discuss or deliberate personnel matters: City Secretary Update;
City Attorney Annual Review. (Tex. Gov't Code �551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
Mayor Crist made the motion to return to open session at 8:I4 pm. Council
Member Lovato seconded the motion. Motion passes.
AYE 6 NAY 0
ABSTAIN 0
04-08-14 CC Regular Meeting Minutes.doc 3 04-08-14
11. Consider/Discuss/Action on any items listed on posted agenda for April 8,
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
12. Adjourn.
Council Member Coolc made the motion to adjourn at 8:15 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
04-08-14 CC Regular Meeting Minutes.doc a oa-os-ia
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
Apri18, 2014
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., April 8,
2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway
(Hwy 5), regarding the following items:
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, Chad
Barnes, Nathan Bryan and Dick Dowd were present. Council Member John
Hopewell was absent.
3. Update and Discussion regarding the City's Strategic Plan. (City Manager)
City Manager, Philip Sanders presented the item to council. Mr. Philips
presentation reviewed the Strategic Plan and he answered questions from council
members.
Council did not got into Closed session at this time..
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); acquisition of right-of-
way and utility easements,
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
04-08-14 CC Workshop Meeting Minutes.doc 1 04-08-14
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 retail development; Villages of Hurricane Creek.
d. discuss or deliberate personnel matters: City Secretary Update;
City Attorney Annual Review. (Tex. Gov't Code, 551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception to
the Open Meetings Act.
5. Consider/Discuss/Action on any items listed on posted agenda for April 8,
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
Barnes seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
6. Adjourn.
Council Member Lovato made the motion to adjourn at 7:24 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVE:
Natha Willcison, City Secretary
Milce Crist, Mayor
04-08-14 CC Workshop Meeting Minutes.doc 2 04-08-14
1 1. •
&ILIAR00JUSI&Iit01:eVUSA i
EC'C5(�lC�eiit;,
DEM h� ;IF�NI'
DRPC) itii'v I0!A
Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.,
on Thursday, January 9, 2014, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas, to consider the following items:
1. Call to Order
Constance Ann Stump, President, called the meeting to order at 5:10 p.m, Roll
call was taken and a quorum established.
2. Rofl Call and Establishment of Quorum.
Directors in attendance were: Alonzo Tutson, John Beazley, Connie Stump,
Michael Williams, and John Houcek.
Director in absentia was Sherilyn Godfrey and Lee Miller.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer ("CAO")
for EDC; and Clark McCoy, Esq., attorney for EDC.
3. Consider/Discuss/�4ction regarding adopting a resolution authorizing the
EDC's Chief Administrative Officer to purchase a survey for the EDC's 48
acre property.
The CAO has received an offer on the 48 acres that the EDC presently owns. A
new survey needs to be done for the prospective purchaser. Maddox Surveying
quoted $2,200.00 for the survey. After some discussion, John Houcek made a
motion to adopt the resolution authorizing the CAO to charge the EDC's
"Contract Services," Line Item 6703, in an amount not to exceed $2,200,00 for a
survey of the EDC's 48 acres. Alonzo Tutson seconded the motion. Motion
passed.
4. Consider/DiscussJ,4ction regarding adopting a resolution authorizing a
budget amendment for the current fiscal year budget.
The CAO informed the Board that Line Item 6941, "Other Capital Expenditures,"
of the FY 2013-2014 has $30,000 in it and will need an additional $81,340 to
cover the agreement with Empowered Training Centre. A discussion followed,
and Michael Williams make a motion to adopt the resolution approving the
amendment. The amendment is set forth in Exhibit "A". Alonzo Tutson
seconded the motion. Motion passed.
01-09-2014 Special EDC Minutes.doc 1
5. Consider/Discuss/Action regarding adopting a resolution authorizing the
EDC's Chief Administrative Officer to secure the services of a professional
to perform an economic impact analysis.
Item skipped.
fi. CLOSED SESSION: (exceptions):
a. Deliberation regarding the purchase, exchange, lease or value of
real property. (Tex. Gov't Code §551 o072)1
b. Consult with legal counsel 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
§651.071), and,
c. 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. Michael Williams made a
motion to move to Closed Session that was seconded by Alonzo TutSon. Motion
passed and the Board entered into Closed Session at Sol 9pm. After discussing
the business at hand, John Houcek made a motion to adjourn Closed Session
and return to Open Session. Alonzo Tutson seconded the motion. Motion passed
and Closed Session was adjourned on Thursday, March 6, 2014 at 5:35 p.m.
7. ConsiderlDiscuss/Action regarding adopting a resolution authorizing the
EDC's Chief Administrative Office to enter into negotiations to sell the
EDC's 48 acre property.
There has been an offered made on the 48 acres that EDC currently owns. The
purchaser is interested in a 90-day feasibility period in which the purchaser can
work with City staff to secure appropriate zoning and land use. The City is
requesting EDC to pass a resolution allowing staff to enter negotiations and
accept the offer contingent upon achieving agreeable zoning and land use. Final
approval needs to be given by EDC's counsel, as to form and substance, and
City Council. Michael Williams made a motion to adopt the resolution and giving
the CAO authorization to execute, on behalf of EDC, a purchase and sale
01-09-2014 Special EDC Minutes.doc 2
agreement along with any associated document (collectively known as the "Sale
Documents"). Said authority to execute the Sale Documents is subject to the
approval of EDC's legal counsel, as to form and substances, and any approval
necessary from the City of Anna City Council. Alonzo Tutson seconded the
motion. Motion passed.
8. Consider/Discuss/Action regarding approving the minutes from November
21, 2013 and December 5, 2013.
A motion was made by Connie Stump to approve the November minutes as
corrected and the December minutes as written. Alonzo Tutson seconded the
motion. Motion passed.
9. Adjourn.
John Beazley made a motion to adjourn the meeting. Alonzo Tutson seconded
the motion. Motion carried and the meeting adjourned at 5:54 p.m.
(loo`n=nce Stump
President of EDC
01-09-2014 Special EDC Minutes.doc 3
• _ •
Anna Economic Development Corporation ("EDC") of the City of Anna met at
5:00 p.m., on Thursday, March 6, 2014, at the Anna City Hall Administration
Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, to consider the
following items:
1. Call to Order
Constance Ann Stump, President, called the meeting to order at 5:00 p.m.
After roll call and the establishment of a quorum, the Directors proceeded
with the business at -hand.
Directors in attendance were: Alonzo Tutson, John Beazley, Connie
Stump, Sherilyn Godfrey, John Houcek and Michael Williams.
Director in absentia was Lee Miller.
A quorum was declared present and the floor was open for business.
Others in attendance were: Phillip Sanders, City Manager; Jessica
Perkins, Chief Administrative Officer for EDC; and Clark McCoy, Esq.,
attorney for EDC.
The directors move to item 5 first.
3. Cons04er/Discuss1,4ct0on regarding adopting a resolution to ap�rove
travel expenses for the 20141CSC Convention from �8t" thru 295 .
For the past several years, Jessica Perkins and Sara Cox, president of
The Greater Anna Chamber of Commerce, have been attending the ICSC
conference in Las Vegas on behalf of the city and the EDC. This
organization is a well -respected international association and many
positive relationships and business opportunities have been formed.
Sherilyn Godfrey made a motion to adopt the resolution approving travel
and the reimbursement of expenses from the EDC in accordance with
applicable bylaw provisions. Michael Williams seconded the motion.
Motion passed.
03-06-2014 Regular EDC Minutes.doc 1
4. Consider/DiscusslAction regarding adopting a resolution to approve
the purchase of the design and printing of new aerial maps.
The supply of aerial maps used by the City for marketing purposes is
running low. Most importantly, the aerial maps need to be updated to
show areas of recent development and/or potential economic
development. John Houcek made a motion to adopt the resolution
authorizing the expenditure, not to exceed $7,500, to design and print new
aerial maps. Negotiations with vendors are in progress. The motion was
seconded for John Alonzo. Motion passed.
5. CLOSED SESSION: (exceptions):
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072);
b. Consult with legal counsel 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); and,
c. 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. John Beazley made a
motion to move to Closed Session that was seconded by John Houcek.
Motion passed and the Board entered into Closed Session at 5:02 p.m.
After discussing the business at hand, Sherilyn Godfrey made a motion to
adjourn Closed Session and return to Open Session. John Beazley
seconded the motion. Motion passed, and Closed Session was adjourned
on Thursday, March 6, 2014 at 5:55 p.m.
6. Consider/Discuss/Action regarding approving the minutes from
January 9, 2014.
Tabled.
03-06-2014 Regular EDC Minutes.doc 2
7
Review of the fiscal year budget.
Jessica Perkins attached a current budget and ledger to the meeting
packet.
Adjourn.
Sherilyn Godfrey made a motion to adjourn the meeting. Michael Williams
seconded the motion. Motion carried and the meeting adjourned
at 6:09 p.m.
ATTESTED:
President of EDC
03-06-2014 Regular EDC Minutes.doc 3
Thursday, January 9, 2014
The Anna Community Development Corporation ("CDC"} of the City of Anna met at 5:00
p.m., on Thursday, January 9, 2014, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas, to consider the following items.
1. Call to Order
Alonzo Tutson, Vice -President, called the meeting to order at 5:00 p.m. Roll call
was taken and a quorum was established.
2. Roll Call and Establishment of Quorum
Directors present were: Connie Stump, John Houcek, Michael Williams, Alonzo
Tutson and John Beazley.
Directors in abstention: Sherilyn Godfrey and Lee Miller
Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and
Clark McCoy, attorney for CDC.
3. Invocation and Pledge.
John Houcek gave fihe invocation and led the group in the Pledge of Allegiance.
4. Consider/Discuss/Action regarding approving the minutes from November
21, 2013,
Michael Williams made a motion to approve the minutes as written.
Alonzo Tutson seconded the motion. Motion passed.
1. "1'hc Corporation tnay vote andlor <<ct upon cash of the items listed in this agenda.
2. The Corporation reserves the right to retire into csccutivc; session concerning any of the items listed on this agenda,
whenever it is considered necessan� anti legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need t+ssistance 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.
01-09-2014 Special CDC Minutes.doc 1
5. Adjourned.
John Beazley made a motion to adjourn. Michael Williams seconded fhe
motion and the meeting adjourned at 5:07pm.
Jo Houcek
President of CDC
I. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. 'fhe Corporation reserves the right to retire into c�ccutive session concerning any of the items listed on this agenda;
whenever it is considered necessary and legally justilied under the Opcn ��eeting t1c.t.
3. Persons with a disability who want to attend this mecting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the mecting so that appropriate arrangements can be made.
01-09-2014 Special CDC Minutes.dpc 2
Anna Community Development Corporation
5:00 p.m., on Thursday, March 6, 2014, al
Building, 111 North Powell Parkway (Hwy,
following items:
("CDC") of the City of Anna met at
the Anna City Hall Administration
5), Anna, Texas, to consider the
John Houcek, President, called the meeting to order at 6:12 p.m. Roll call
was taken and a quorum was established.
Directors in attendance were: Alonzo Tucson, John Beazley, Connie
Stump, Sherilyn Godfrey, John Houcek and Michael Williams.
Director in absentia was Lee Miler.
A quorum was declared present and the floor was open for business.
Others in attendance were: Phillip Sanders, City Manager; Jessica
Perkins, Chief Administrative Officer for CDC; and Clark McCoy, Esq.,
attorney for CDC.
3. Invocation and Pledge.
Skipped.
^� �� r ♦ r^^r r - r
purchased for the Police Department Park Patrol.
Michael Williams made a motion to adopt the resolution authorizing an
expenditure of funds in the amount not to exceed $1000.00 for a
replacement battery for the LSV. Connie Stump seconded the motion.
Motion passed. This was a matter of housekeeping as the battery had
already been purchased by the Police Department to secure the lowest
price.
03-06-2014 Regular CDC Minutes.doc 1
� � a r
The City would like to move all the rectangular tables along the trail under
the pavilion and have the round tables with umbrellas along the trail. To
accomplish this request, we would need to amend the CDC budget.
Jessica Perkins told the Board that the tables and umbrellas would run
approx. $1,000.00 to $1,350.00 each and that the City wanied to buy and
install seven to nine more. No action was taken.
6. Consider/Discuss/Acfion regarding approving the minutes fro►n January 9,
2014.
Tabled.
� _ ,
Jessica Perkins attached a current budget and (edger to the meeting packet,
noting the proposed funds to be distributed by the state for CDC's current
budget. The corporation now receives $250,000+ in sales tax a year, and
expects that amount to increase in the years to come. Therefore, (here should
adequate funds available for the purchase of tables and umbrellas.
8. Adjourn.
Sherilyn Godfrey made a motion to adjourn the meeting. Alonzo Tutson
seconded the motion and the meeting was adjourned at 6:27 p.m.
APPROVED:
Jof�'n Houcel<
President of CDC
ATTESTED:
Sherilyn
Secretai
CDC
03-06-2014 Regular CDC Minutes.doc
2
Item No.
City Secretary's use only
i
City of Anna
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS
Council Meeting: April 22, 214 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X_Yes No
AGENDA SUBJECT: Approve a Resolution authorizing an EDC Budget Amendment
for FY 2014.. (Jessica Perkins)
SUMMARY: Earlier this fiscal year the EDC and the City Council approved an
Economic Development Incentive Agreement with Empowered Training Centre. The
EDC capital line item for the FY 13-14 budget has $50,000 in it and will need an
additional $80,000 added to it to cover the agreement with Empowered Training Centre.
STAFF RECOMMENDATION: Staff recommends you approve.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AUTHORIZING AND APPROVING THE ANNA ECONOMIC DEVELOPMENT
CORPORATIONS' REQUEST FOR A BUDGET AMMENDMENT
WHEREAS, the City of Anna intends to allow and approve a budget amendment to the
Anna EDC's current 2013-2014 fiscal year budget;
WHEREAS, the City Council of the City of Anna has determined that the reallocation of
funds is the best use of the EDC's funds;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Amend Budget
The City Council of the City of Anna hereby approves the Anna EDC's budget
amendment request.
PASSED AND APPROVED by the City Council of the City of Anna this day of
2014
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.;?01'1-Ot-01 (0c)
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE CURRENT
FISCAL YEAR BUDGET
WHEREAS, effective October 1, 2013, the Anna Economic Development Corporation
the "EDC") with the approval of the City of Anna City Council executed its current fiscal
year budget; and
WHEREAS, the EDC seeks to amend its budget due to additional revenue;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONCOMIC
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Amend the Current Fiscal Year Budget
The EDC Board of Directors hereby approves amending the Anna Economic
Development Corporation current fiscal year budget as set forth in Exhibit A, attached
hereto and incorporated herein for all purposes as if set forth in full, subject to approval
by the City of Anna City Council,
PASSED ND APPROVED by the Anna Economic Development Corporation this
day of 2014.
APPROVED:
Stump,
e T-r-c c-r•
EDC OF ANNA, TEXAS RESOLUTION NO��`I-0/-G'! CF��� PAGE 1 OF 1
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
January 6, 2014
The Planning and Zoning Commission of the City of Anna held its regular meeting on January 6,
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:Q1 p.m. by Chairman Justin Burr. Members present
were Justin Burr, Sandy Setliff, Tiffany Burleson, Elaine Gothard and John Johnson.
Darrin Colombo and Lee Miller had an excused absent from meeting. Staff present was
Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Acton recommendation regarding "CVS Anna Addition" final
plat.
Mr. Schwanke gave a presentation and answered questions from the Commission. He
noted that the CVS Anna Addition final plat is in conformance to the preliminary plat
(Gateway Preliminary Plat) that was approved for this site. The construction plans for the
CVS Anna Addition have also been approved. A preconstruction meeting has been held
for the proposed CVS store and grading and staking has occurred. It should also be noted
that the Drivers Food and Gas Mart and Restaurant have been razed. The staff is
recommending approval of the plat.
Michael Doggett, representative for "CVS" was present for meeting, but did not give a
presentation.
A motion was made by Mr. Johnson, seconded by Ms. Setliff to approve the final plat.
The vote was unanimous.
Public Hearing: To consider public comments on a request by William
Dahlstrom, representative for Chief Partners, LP, owner of property, requesting
changes to the Planned Development zoning by replacing the existing Planned
Development (PD) Ordinance Numbers 120-2003 (PD) and 121M2003 (PD)
establishing a new Planned Development with guidelines and uses. The property is
located north of West White Street and east of U.S. Highway'75.
The Public Hearing opened at 7:04 p.m. Mr. Schwanke gave a presentation and
answered questions from the Commission. This zoning request is on 115.E acres of land
that will be north and east of the CVS tract under construction. On the attached Concept
Plan 5 development pods are shown where C-2 uses are allowed as modified in the
standards. In the 21.5 acre pod located on the eastern central tract multifamily uses are
also allowed as an option.
PZ Minutes 01-06-14.doc Page 1 of 2 1-06-14
Bill Dailstrom and Andrew Moon, representatives for the project gave a presentation and
answered questions from the Commission. The Public Hearing closed at 7:15 p.m.
b) Consider/Discuss/Act on recommendation regarding an ordinance by replacing
the existing Planned Development (PD) Ordinance Numbers 120-2003 (PD) and 121-
2003 (PD) establishing a new Planned Development with guidelines and uses. The
property is located north of West White Street and east of U.S. Highway 75.
A motion was made by Mr. Burr to approve the zoning with the condition that no pole
sign exceeds 35'. Ms. Gothard seconded the motion. The vote was unanimous.
5. Consider action to approve Minutes of the December 2, 2013 Planning and Zoning
Commission Meeting.
A motion was made by Ms. Setliff, seconded by Mr. Burr to approve the Minutes of the
December 2, 2013 meeting. The vote was unanimous.
6. Adjourn.
There being no further business, a motion was made by Mr. Burr, seconded by Ms.
Gothard to adjourn meeting. The meeting adjourned at 7:37 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 01-06-14.doc page 2 of 2 1-06-14
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 3, 2014
The Planning and Zoning Commission of the City of Anna held its regular meeting on February
3, 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 7:05 p.m. by Chairman Justin Burr. Members present
were Justin Burr, Sandy Setliff, Elaine Gothard, John Johnson, Darrin Colombo and Lee
Miller. Tiffany Burleson was absent. Staff present was Maurice Schwanke.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Saffron Ranch "development
plat.
Mr. Schwanke gave a presentation. This development plat located in the eastern portion
of Anna's extraterritorial jurisdiction along F.M. 2862 has been reviewed by the City
Staff. Please note that an 80 foot wide future right-of-way reservation has been shown
on the plat. This future thoroughfare is shown on the Master Thoroughfare Plan and
Comprehensive Plan. He noted that the development plat meets our requirements and the
Staff is recommending approval.
A motion was made by Chairman Burr to approve the development plat. Mr. Colombo
seconded the motion. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding the 2013 Water Distribution
System Master Plan.
Mr. Schwanke gave a presentation. In order to ensure that adequate provision of water
distribution elevated and ground storage and water supply is available water distributions
system master plans need to be adopted and periodically amended. This document
prepared by our consulting engineers using hydraulic modeling helps the City ensure that
adequate elements are in place and appropriate sized distribution mains are installed as
development occurs according to the land uses identified in the Comprehensive Plan.
He noted that staff is asking the Commission to look at the attached documents and make
a recommendation to the City Council.
A motion was made by Ms. Setliff, seconded by Mr. Johnson to approve the Water
Distribution System Master Plan. The vote was unanimous.
PZ Minutes 02-03-14.doc Page 1 of 2 02-03-14
5. Consider/Discuss/Act on recommendation regarding the 2013 Wastewater
Collection System Master Plan.
Mr. Schwanke gave a presentation. In order to ensure that adequate collection and
treatment of wastewater is available wastewater collection system master plans need to be
adopted and periodically amended. This document prepared by our consulting engineers
modeling of our system helps the City ensure that adequate elements are in place and
appropriate sized collection mains are installed as development occurs according to the
land uses identified in the Comprehensive Plan. He noted that the staff is asking the
Commission to look at the attached documents and make a recommendation to the City
Council.
A motion was made by Mr. Johnson, seconded by Mr. Miller to approve the Wastewater
Collection System Master Plan. The vote was unanimous.
6. Consider action to approve Minutes of the following meetings:
• January 6, 2014 Regular Meeting
• January 21, 2014 Special Meeting
A motion was made by Chairman Burr, seconded by Ms. Setliff to approve the Minutes
of the January 6tn and January 21st meeting. The vote was unanimous.
7. Adjourn.
There being no further business, a motion was made by Chairman Burr, seconded by Mr.
Miller to adjourn meeting. The meeting adjourned at 7:49 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 02-03-14.doc Page 2 of 2 02-03-14
MINUTES
PLANNING AND ZONING COMMISSION
SPECIAL MEETING
February 24, 2014
The Planning and Zoning Commission of the City of Anna held a special meeting on February
24, 2014, at 7400 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 by Chairman Burr. Members present were Justin Burr,
Sandy Setliff, Elaine Gothard, John Johnson and Jeff Miller. Tiffany Burleson and
Darrin Colombo were absent from meeting. Staff present was Maurice Schwanke.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. (a) Public Hearing: To hear public comments on proposed amendments to the
Water Distribution System Plan element and the Wastewater Collection System
Master Plan element of the Comprehensive Plan.
The Public Hearing was opened at 7:06 p.m. Mr. Schwanke gave a brief presentation.
In order to ensure that adequate provision of water distribution elevated and ground
storage and water supply is available water distributions system master plans need to be
adopted and periodically amended. This document prepared by our consulting engineers
using hydraulic modeling helps the City ensure that adequate elements are in place and
appropriate sized distribution mains are installed as development occurs according to the
land uses identified in the Comprehensive Plan.
Also, in order to ensure that adequate collection and treatment of wastewater is available
wastewater collection system master plans need to be adopted and periodically amended.
This document prepared by our consulting engineers modeling of our system helps the
City ensure that adequate elements are in place and appropriate sized collection mains are
installed as development occurs according to the land uses identified in the
Comprehensive Plan. The Public Hearing closed at 7*07 p.m.
(b) Consider/Discuss/Act on recommendation regarding an ordinance of the City of
Anna on proposed amendments to the Water Distribution System Plan element and
the Wastewater Collection System Master Plan element of the Comprehensive Plan.
A motion was made by Ms. Setliff, seconded by Ms. Gothard, to approve the Water
Distribution System and the Wastewater Collection System Comprehensive Plan
elements. The vote was unanimous.
PZ Minutes Special 02-24-14.doc Page 1 of 2 02-24-14
4. Adjourn
There being no further business, a motion was made by Mr. Johnson, seconded by Mr.
Miller to adjourn meeting. The meeting adjourned at 7*08 p.m.
1V1dUiYGG �7G11Wdi11�G
Director of Planning and Development
ATTEST:
PZ Minutes Special 02-2414.doc Page 2 of 2 02-2414
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
March 3, 2014
The Planning and Zoning Commission of the City of Anna held its regular meeting on March 3,
2014, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building
located at I I I North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:07 p.m. by Co -Chairman Sandy Setliff. Members
present were Sandy Setliff, Tiffany Burleson, John Johnson, Damn Colombo and Lee
Miller. Members Justin Burr and Elaine Gothard were absent. Staff present was Maurice
Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Constiens "development plat.
Mr. Schwanke gave a presentation. The development plat submitted is located within the
extraterritorial jurisdiction of the City. The tract is in the Henry Smith Survey, Abstract
No. A8023 and contains 5.4120 acres of land. The property is located at 1812 S
Ferguson Parkway. The owner(s) is proposing to build a new home on the tract which
will also require a Collin County approved septic system. Mr. Schwanke noted that the
plat meets the City of Anna development plat requirements. And the Staff recommends
approval of the development plat.
A motion was made by Mr. Colombo to approve the development plat. Mr. Johnson
seconded the motion. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding "Adams" development plat.
Mr. Schwanke gave a presentation. The development plat submitted is located within the
extratezritorial jurisdiction %J the City. The tract is located in the Henry Smith Survey,
Abstract No. A0823 and contains 5.339 acres of land. The property is located at 1622
Taylor Blvd. The proposed improvement is to build a new house on the tract which will
also require a Collin County approved septic system. The plat meets the City of Anna
development plat requirements. The Staff recommends approval of the development plat.
A motion was made by Mr. Johnson to approve the development plat. Mr. Miller
seconded the motion. The vote was unanimous.
5. Consider/Discuss/Act on recommendation regarding "Camden Parc" preliminary
plat.
Mr. Schwanke gave a presentation and answered questions from the Commission. The
preliminary plat submitted for "Camden Parc" on approximately 57.48 acres of land is
located east of the Dart Rail Line and south of Lindsey Lane (Cr. 376). The
owner/developer is proposing 183 residential lots and one commercial lot. A previous
preliminary plat for this property was approved by Council August of 2006 expired.
PZ Minutes 03-03-14.doc Pagel of 2 03-03-14
Mr. Schwanke noted that the preliminary plat has been reviewed by staff and City's
engineers. He also noted that numerous comments (listed in the explanatory notes) are
; however, most of the items will be addressed on the final plat and on the preliminary plat
construction plans. The staff recommends approval of the preliminary plat subject to the
comments listed on the explanatory notes.
Jeff Crannell of Jeff D Crannell, P. E. representative for the Camden Parc submittal was
present answered questions from the Commission.
A motion was made by Mr. Colombo to approve the preliminary plat, seconded by Mr.
3ohnson to approve the preliminary plat with the condition that all comments are
addressed. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "Oak Hollow PH 6A" final
plat.
Mr. Schwanke gave a presentation regarding the final plat and answered questions from
the Commission. The final plat on approximately 34.41 acres of land that is located east
of Throckmorton Creek and north of Taylor Blvd. A preliminary plat was approved for
this property by the City Council April of 2013. The owner/developer is proposing 112
residential lots and one open space tract. The open space tract will be dedicated to the
City as park land. Mr. Schwanke noted that the staff is recommending approval of the
final plat subject to the following comments listed in the explanatory notes.
Marc Paquette of Peloton Land Solutions representative for the Oak Hollow PH 6A
submittal, answered questions from the Commission.
A motion was made by Mr. Johnson to approve the final plat with the condition that all
comments are addressed. Mr. Colombo seconded the motion. The vote was unanimous.
7. Consider action to approve Minutes of the following meetings:
• February 3, 2014 Regular Meeting
• February 24, 2014 Special Meeting
A motion was made by Co- Chairman Setliff, seconded by Ms. Burleson to approve the
above Minutes. The vote was unanimous.
8. Adjourn.
There being no further business, a motion was made by Mr. Johnson, seconded by Mr.
Miller to adjourn meeting. The meeting adjoi��a '7:46 p.m./ /i '
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 03-03-14.doc Page 2 of 2 03-03-14
Council Meeting: April 22, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 6 (a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 04/15/14_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: a) Public Hearing: To consider public comments on an
ordinance amending the Anna City Code of Ordinances by amending Part III-C (Zoning
)rdinance), Section 38 (Parking Space Regulations) by replacing the Table in Section
38.01 (Automobile Parking Space Regulations).
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna
Code of Ordinances by amending Part III-C (Zoning Ordinance) Section 38 (Parking
Space Regulations) by replacing the Table in Section 38.01 (Automobile Parking Space
Regulations.
SUMMARY: The existing parking standards included in the zoning ordinance in some
instances are very burdening and in other areas lacking or virtually impossible to
determine. The attached ordinance provides an expanded listing than what is currently
used and adds new conditions such as required covered parking in multi -family
developments, stacking requirements when you have driveAhru facilities and a real
method to calculate restaurant parking. The staff is recommending approval of this
ordinance.
PLANNING AND ZONING ACTION: The Planning and Zoning recommended
approval of the proposed ordinance at their meeting on April 7th, 2014 meeting. The vote
was unanimous.
RECOMMENDED ACTION: Approval of the ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART III — C (ZONING ORDINANCE), SECTION 38
(PARKING SPACE REGULATIONS) BY REPLACING THE TABLE IN SECTION 38.01
(AUTOMOBILE PARKING SPACE REGULATIONS), AND PROVIDING FOR A PENALTY
FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and
regulations governing parking spaces; and
WHEREAS, the City Council of the City of Anna seeks to protect and provide for the public
health, safety, and welfare, including but not limited to the regulating of safe parking, stacking,
and maneuvering of vehicles on property within its corporate limits; and
WHEREAS, the City Council finds it to be in the best interest of the public to require adequate
off-street vehicle parking to provide access to residential and nonresidential land uses within the
City; and
WHEREAS, the City Council has determined that adequate off-street parking is necessary for
sustainable residential and nonresidential development within the City; and
WHEREAS, for the same reasons set forth above, the City Council finds it to be in the public
interest to adopt regulations which schedule off-street parking by a greater speccity of land
uses than is currently in the Anna City Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this
ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by
amending Section 38 (Parking Space Regulations) as follows:
38.01 Automobile Parking Space Regulations
Whenever any ordinance, regulation, or plan, enacted or adopted by the City Council is for the
purpose of providing off -Street automobile Parking Spaces or of establishing requirements
that such spaces be provided within any section or sections of the city, then such plan or
requirements shall govern within such sections. Otherwise, off -
Street automobile Parking Spaces shall be provided as follows, applicable to Buildings
City of Anna, Texas ORDINANCE NO. 1
hereafter erected and uses hereafter established, to such Nonconforming Uses as may be
required to conform to the regulations hereof, and to extensions and enlargements of
Buildings and uses.
(a) Except as otherwise provided in this section, off -Street Parking Spaces shall be
provided as follows:
USE
OP
BUILDING SITE
MINIM'
In
ell
MARF=p
nG
D4?
ING SPAC
�(DR
RE nIc�vcv
d
Residential•
rcv�racrrcrcrr.
Single
Family.
.
2.0 per -Dwellinm
Dwelling
Unit
Twe
Family ...........................................
2-0pep
Dwell♦„Rm
Multifamily
............................................
EffleleReyand
bedroov*v
1.5
ene
per
DwellingUnit
Twe
bedreems..................
er mere
200 per-Dwel„
g Unit
er-eial:
Qffiees
arm Eanl s
303
�I�
Area
per—,
IQOQ
sq��oss
Slinles
and Desters' Offises
M
* GFeess
FIA.A.
.................
per—r,000
sn�c,--r
'rea
General
Retail
4.0
00
ft.
Gress
Peer
......................................
per
-r
sq.
Shepping
Centers
Wiper
11000
s,v
f<
Gres
Fly;
Area
Restaurants
Hotels,
..........................................
Motels
^der -seat
100
rentable
reern
0.5
ner
......................................
peF
plus
empieyee
en
a nyene
shift
Halls
onnial
for meeting, dare
5.0
00
ft,
Gress
Pear
Area.
,
per
sqa
events...................................................
Entertainment;
BewliRg
Alleys
500
sue,—
Grew
Floor
Area
Peal
Halls
Vie-
per-1
4
1000
000
#
Gress
Eln-ree
Area
sq
lndustrial
0*8
emFleyee
en
.....................................................
per
aRy
e shift
Auditeriumsrarrd
Theatres ...........................
0.3 per
seat
G#urs#es
.....................................................
003 ner
seat
ElernentaFy
and junier High SslIeelsWqFWWqF*V*
!-0per
staff
pembers
Hospitals
1
bedplus
1-0
aRy
a2 per
per-3
staffmembers
en
one sW
Nursing
Hernes1.0
five
beds
2
...........................................
per
plus
per
staff rx►ernbers
on
any
shift
n esuiv
Wholesale
eterage and jebbing
1.0-per-wee,
4-0-per-".Wsinessveh�le
v .................
PLUS
narked
premises
far
visitor nr
en
plus
200
GUStereer
parking
City of Anna, Texas ORDINANCE NO. 2
LAND USE
MINIMUM
ADDITIONAL PROVISIONS
Residential Uses
Dwellings, Single
Family
2 per dwelling unit
Dwellings, Duplex
2_per dwelling unit
2 must be covered.
Dwellings, Multifamily
2 per dwelling unit
75% of all required parking
must be covered, plus 0.25 per
dwelling unit for visitor parking
and evenly
dispersed.
Commercial Uses
Amusement Facilities
10 per 1,000 sf GFA
Assisted Living
Facilities
1 per 2 beds
Automotive
Repair &
4 per 1,000 sf GFA
Service bays not to count
toward required parking.
Service
Automotive Rental &
Sales
4 per 1,000 sf GFA
Does not include parking
spaces for vehicles for rent or
for sale.
Banks
Services
& Financial
3.5 per 1,000 sf GFA
Stacking
per drive
for at least 3 vehicles
through
lane.
Bars. Pubs
10 per 1,000 sf GFA
Car Washes
5 per 1,000 sf GFA
Wash bays do not count toward
required parking, 3 stacking
spaces per bay.
Clinics and Doctor's
Offices
5 per 1,000 sf GFA
Contractor Yards &
Lumber Yards
1 per 5,000 sf of sales lot
Minimum of 10 spaces.
area
Daycare Centers
1 per 5 pupils
Plus 5 stackinq spaces per
pick-up lane, minimum of 5
spaces total.
Dry Cleaners
4 per 1,000 sf GFA
Plus
pick-up
3 stacking spaces per
lane.
Gas Stations &
Convenience Stores
5 per 1,000 sf GFA
Space at
pumps does not count
toward parking
requirement,
must provide adequate
space
for vehicle stacking and
maneuvering.
Gyms, Spas, Studios
8 per 1,000 sf GFA
Hotel, Motels
1.25 per room
Plus 1 parking space for every
200 square
feet of restaurant,
retail, conference,
or office
area.
Hospitals
1.5 per room
Meetinq Halls
1 per each 3 seats in the
main assembly hall
If no fixed seatinq is proposed,
1_
parking
space per every
50 sf
GFA
in
the main assembly hall.
Mortuaries
5 per 1,000 sf GFA
Or, 1 per 2 seats in main
City of Anna, Texas ORDINANCE N0. 3
assembly hall, whichever is
rq eater.
Offices
3 per 1,000 sf GFA
Outdoor Markets
5 per 1,000 sf of sales lot
area
Plant Nurseries
4 per 1,000 sf GFA
Plus 1 per each 5,000 square
feet of exterior sales lot area.
Personal Services
4 per 1,000 sf GFA
Retailers
4 per
1,000
sf GFA
Restaurants
10 per 1,000 sf GFA
If drive through service is
provided, require an additional
5 stacking spaces from where
order
is
placed.
Restaurants Primarily
for Takeout
3 per 1,000 sf GFA
If drive through service is
provided, require an additional
5 stacking spaces from where
order is placed.
Self Service
Warehouse
1 per 20 storage cubicles
Plus
1 per
1,000 sf GFA of
2 per living quarters.
office and
Theaters &
Auditoriums
1 per each 3 seats in the
main assembly hall
If
no fixed seating is proposed,
1 parking space per every 50 sf
GFA.
Industrial Uses
Manufacturing
2 per 1,000 sf GFA
Minimum of 10 spaces.
Salvage Yards
1 per 5,000 sf of lot area
Minimum of 10 spaces.
Recycling Centers
0.5 per 1,000 sf of GFA
1 per 5,000 sf of outdoor
storage, minimum of 10
spaces.
Warehouses
0.5 per 1,000 sf of GFA
1 per 5,000 sf of outdoor
storage, minimum of 10
spaces.
Institutional Uses
Churches, Mosques, &
1 per each 3 seats in the
main assembly hall
If no fixed seating is proposed,
Temples
1
parking
space per every
50 sf
GFA
in
the
main assembl hall.
Colleges &
Universities
1 per 2 students
Plus
laboratory,
1 per each
classroom,
or instruction
area.
Elementary & Middle
2.5 per classroom
Plus adequate stacking for
buses and student drop-off and
Schools
pick-up, and 1 space per 4
seats capacity of largest
assembly hall.
Fraternal Buildings
1 per each 3 seats in the
main assembly hall
If no
fixed seating is proposed,
1
parking space per every
50 sf
GFA
in the
main assembly hall.
Government Buildings
3 per 1,000 sf GFA
Does not include necessary
spaces for fleet vehicles.
High Schools
8 per classroom
Plus adequate stacking for
buses and student drop-off and
City of Anna, Texas ORDINANCE NO. 4
pick-up and 1 space per 4
seats capacity of largest
assembly hall.
Libraries
4 per 1,000 sf GFA
Utilit Providers
3 per 1,000 sf GFA
Minimum of 5 spaces.
Recreational Uses
Driving Ranges &
2 per lane
Plus separate requirements for
retail parking, office parking,
Shooting Ranges
country club parking, and other
uses as applicable.
Golf Courses
4 per hole
Plus separate requirements for
retail parking, office parking,
country
club parking, and other
uses as applicable.
Parks
Per Parks Board
determination
Swimming Pools
10 per 1,000 sf of gross
water surface and deck area
Unlisted Uses
The Zoninq Administrator will make a determination on the
required number of spaces
for an unlisted
use based upon
demonstrated
need, industry standards, and a parking
ratio
that
will
not
result in
a deficiency.
Street reserveii: shall be feF an autematiGally operated Gar wash equal to
parkiRg previded
three tirnes the maxirnwn GapaGity ef the GaF wash, and for a manually operated Gar wash
te times the the fer
"MaximumOff
equal six maximuM GapaGity of Gai: wash, autemebiles awaiting eRtraRGe.
" shall mean the Rumbei: ef autemebiles uRdeFgeiRg seme
greatest phase
Aif�Afashimq at the same time
The required yard setbacks for any Building shall not be included in calculating the minimum
space requirements for off -Street parking.
b) Where a Building or a site contains two or more uses, the off -Street parking
requirement shall be computed as the sum of the required off -Street Parking Spaces
for each individual Use.
c) Each business, commercial, manufacturing or industrial Use having deliveries made by
truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m., or where
the time of loading and unloading materials or goods exceeds 10 minutes between
those hours, shall provide off -Street truck Loading Space on the Lot, such space to be
not less than 35 feet in length, 12 feet in width, and 15 feet in height.
d) For the purpose of this subsection, one parking stall shall be not less than 4-75 180
square feet in area, together with whatever area is required for means of ingress and
egress thereto, except that in the case where attendants perform the act of parking in
defined and adequate stalls then -each such stall shall be considered a parking stall as
required herein.
e) A driveway for access to any single Parking Space or to a parking Lot shall be not less
than 11 feet in width, nor more than 30 feet in width, at the property line along the
Street and shall be so located as to minimize traffic hazard and congestion.
f) All required parking stalls shall be located on the premises to which such requirement
applies or within an off -Street space distance not more than 500 feet from such
City of Anna, Texas ORDINANCE NO. 5
premises, provided that such stalls as are required for employees and proprietors of
any premises may be located within an off -Street space distance not more than 1,000
feet from such premises except as otherwise provided in this subsection or other
subsections of this Part of the Code.
g) Provision of parking stalls, shared jointly by several persons in the same Block or in
the same vicinity is permissible, in which case the number of stalls required shall be
the sum total of the individual requirements, provided that where it is found by the City
Council, upon application thereto, that the parking demand generated by the different
uses included in any joint arrangement to provide parking stalls required herein occurs
at distinctly different times, as in the case of a theater generating demand for parking
during such daytime hours, and in similar cases, the council may reduce the total of
number of parking stalls to be jointly provided.
h) All Parking Spaces required for any Use and provided in compliance with the
provisions of this subsection on the same Lot or plot as that occupied by such Use,
shall be considered to be required spaces for the Use or uses to which appurtenant
and shall not be reduced or encroached upon in any manner.
i) The surface of parking stalls and aisles, truck standing spaces, and access driveways
therefor shall be treated, prepared and maintained for adequate drainage and the
elimination of dust, dirt, and mud, according to city specifications.
j) In a case where existing off -Street parking facilities have unused parking capacity and
where such facilities are open to the Use of the public free of charge or at reasonable
rates, the board may reduce the Parking Space requirements for any Use distance not
more than 800 feet from such facility or facilities, provided that the total number of
stalls in such reduction shall be not greater than the total number of stalls of unused
capacity.
k) In a case where any public or private off -Street parking facility, to be open to the Use
of the public free of charge or at a reasonable rates, is planned or is in process of
development and where the council has reasonable assurance that such development
will be carried to completion and will when completed relieve the parking demand in an
area within 500 feet thereof in some measure or in full measure, the board may
establish a reasonable time period within which any Use or uses within such area shall
provide required space for parking stalls. Upon completion of all or a portion of such
development, the provision of the paragraph above, may be applied by the council.
I) In a case where the customary mode of transportation of a majority of the patrons,
employees, and proprietors of any Use, to and from the area in which such Use is
located, is other than by private automobile, the council may reduce, by not to exceed
50% the space required for parking stalls for such Use.
m) In a case where it is clearly shown by the applicant to the satisfaction of the council
that the provision of the amount of space required herein for parking stalls, due to the
particular nature of the proposed Use or other condition, would be an unnecessary
hardship, the council may reduce such requirement.
n) In determining the required number of parking spaces, fractional spaces shall be
counted to the nearest whole space.
Section 3. 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
City of Anna, Texas ORDINANCE N0. 6
amount not to exceed %)Z UUU for each incidence of violation. Each violation is considered a separate
offense and will be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of
that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the
remainder of such ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof. The City declares that it would have passed this
ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one
or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the posting and/or
publication, if required by law, of its caption and the City Secretary is hereby directed to implement such
posting and/or publication.
City of Anna, Texas ORDINANCE NO. 7
r
Council Meeting: April 22, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 7 to & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 04/15/14_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: a) Public Hearing: To consider public comments on an
ordinance amending the Anna City Code of Ordinances by amending Part III-C (Zoning
)rdinance), Section 31 (Thor -Thoroughfare Overlay) by adding Section 31.02
(Definition) and adding Section 31.07 (Building Masonry Regulations).
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna
Code of Ordinance by amending Part III-C (Zoning Ordinance), Section 31 (Thor -
Thoroughfare Overlay) by adding Section 31.02 (Definition) and adding Section 31.07
(Building Masonry Regulations),
SUMMARY: The "THOR" Thoroughfare Overlay district is currently part of our zoning
ordinance. However, the current ordinance does not define where it is located. This
ordinance revision defines the location as well as establishes masonry regulations for our
gateways through our City. The ordinance also gives the Council some latitude when a
prospective user does not fit the rules exactly. Some users have specific recognizable
facades that may be desirous, however, not allowed because of the masonry
requirements. The final aspect of this ordinance addresses the requirements for masonry
requirements on municipal governmental buildings. The staff is recommending approval
of this ordinance.
PLANNING AND ZONING ACTION: The Planning and Zoning recommended
approval of the proposed ordinance at their meeting on April 7tl', 2014 meeting. The vote
was unanimous.
RECOMMENDED ACTION: Approval of the ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY
AMENDING PART III — C (ZONING ORDINANCE), SECTION 31 (THOR — THOROUGHFARE OVERLAY) BY
ADDING SECTION 31.02 (DEFINITION), AND ADDING SECTION 31.07 (BUILDING MASONRY
REGULATIONS), AND PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO
EXCEED $2,0008 PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations
governing the construction of buildings and maintenance; and
WHEREAS, the City Council of the City of Anna seeks to protect and provide for the public health,
safety, and welfare, including but not limited to the aesthetic development of property within its
corporate limits; and
WHEREAS, the City Council finds it to be in the best interest of the public to create and maintain a
positive community image and identity by requiring architectural treatments that enhance the visual
appearance and character of the commercial corridors of the City; and
WHEREAS, the City Council has determined that the City's Code of Ordinances should provide
regulations pertaining to architectural design and maintenance; and
WHEREAS, for the same reasons set forth above, the City Council finds it to be in the public interest to
adopt regulations which require aesthetic standards within major commercial corridors;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this
ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by amending
Section 31 (THOR— Thoroughfare Overlay) as follows:
Section 31 THOR—Thoroughfare Overlay
31.01 General Purpose and Description
This District is designed to provide for greater safety, larger development sites, and enhanced aesthetics
in high traffic volume areas adjacent and/or in close proximity to major thoroughfares.
City of Anna, Texas ORDINANCE N0. 1
31.02 Definition
The regulation of this overlay district shall apply to new development and redevelopment located within
the greater of a geographic buffer extending outward 500 feet perpendicularly from the right-of-way, or
to the back of abutting adjacent lots, for those portions of the following scheduled thoroughfare's
located within the City limits:
L) U.S. Highway 75
(b) White Street (FM 455)
(c) Powell Parkway (SH 5)
(d) Sam Rayburn Memorial Highway (SH 121)
(e) Collin County Outer Loop
3�.8� 31.03 Permitted Uses
A Building or premises in a THOR District shall be used only for the following purposes:
(a) Uses as listed in Appendix 2 of this Part of the Code.
3-1,83 31.04 Permitted Specific Uses
A Building or premises in a THOR District shall be used only for the following purposes:
(a) t�Uses as listed in Appendix 2 of this Part of the Code.
31,84 31.05 Height and Area Regulations
(a) Building Lots shall be a minimum of one acre.
(b) Minimum Lot Width shall be WO 100 feet.
(c) Front yard setbacks shall be a minimum of 50 feet.
(d) Side yard setbacks shall be a minimum of 10 feet.
(e) Driveway entries and exits on the same tract shall be separated by at least 150 feet.
3l,8-5 31.06 Parking Regulations
Off -Street parking shall be provided asset forth in Section 38.
31.07 Masonry Regulations
a) Except as otherwise authorized in this Section, the exterior walls (excluding doors. door frames
windows, and window frames) of buildings in the THOR District shall use only stone, brick,
and/or split face concrete masonry units (CMU) in the construction of the exterior facade that is
visible to the public. The use of other high quality materials for building trim, architectural
decoration, and other design elements shall not be precluded; however, they are subject to
approval by the Zoning Administrator and should contribute to the overall design concept.
(b)
Where
the
function
of an individual
business, or the
recognized
identity
of
a
brand dictate
a
specific style,
image,
or building material associated
with
that company,
the
masonry provision
City of Anna, Texas ORDINANCE NO. 2
may be modified; however, the development shall maintain harmony in terms of overall project
design and appearance, and such design shall be subject to approval by the City Council after
recommendation from the Planning and Zoning Commission.
(c) The front facade only (excluding doors, door frames, windows, and window frames) of municipal
government buildings shall be required to consist of 100 percent masonry (stone, brick, and/or
split face CMU).
3�.,86 31.08 Permitted Accessory Uses
Accessory uses customarily appurtenant to a permitted Use, and Accessory Uses as permitted in the
Schedule of Uses.
�� 31.09 Signs
a) Signs in this District shall comply with the requirements of the City of Anna Sign (as amended).
Section 3. 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 violation is considered a separate
offense and will be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of
that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the
remainder of such ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof. The City declares that it would have passed this
ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one
or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the posting and/or
publication, if required by law, of its caption and the City Secretary is hereby directed to implement such
posting and/or publication.
City of Anna, Texas ORDINANCE NO. 3
,in No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS
Council Meeting: April 22, 214 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X_Yes No
AGENDA SUBJECT: Approve a resolution authorizing an expenditure of funds of the
Anna Community Development Corporation to allow for a site improvement to the splash
pad at Slayter Creek Park.
SUMMARY: The splash pad was installed last summer and at the time staff planned for
the possibility of converting the splash pad to a recycling/recirculating water system in
the future. Well, with more restrictive water conservation rules and high growth this past
year, the time has come to upgrade the splash pad. Staff has been researching companies
that could complete the upgrade to a recirculating system. It would be best if the
company that installed the splash pad do the work. Staff has received a quote from Water
Splash the company that construction the splash pad for approximately $60,000. This
project is a high priority to staff so that the splash pad opens in a timely fashion.
STAFF RECOMMENDATION: Staff recommends you approve.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION'S
PROJECT AND EXPENDITURE OF FUNDS FOR SLAYTER CREEK PUBLIC PARK
SITE IMPROVEMENTS TO THE SPLASH PAD
WHEREAS, the City of Anna City Council intends to work with the Anna Community
Development Corporation (the "CDC") to construct a recirculating system site
improvement to the splash pad at Slayter Creek Park; and
WHEREAS, the City of Anna City Council has found and determined that the
expenditure is in the best interest of the CDC and will enhance the recreational and
community facilities of the City and will be for the benefit of the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority for Expenditure
The City of Anna City Council hereby authorizes the CDC's project and expenditure of
funds fora recirculating system site improvement to the splash pad at Slayter Creek
Park not to exceed $75,000, and further being subject to any necessary budgetary
amendment to the CDC fiscal year 2013-2014 budget.
PASSED AND APPROVED by the City Council of the City of Anna this day of
2014
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.DQs0/7'7-CI CAc
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR SLAYTER
CREEK PUBLIC PARK SITE IMPROVEMENTS TO THE SPLASH PAD
WHEREAS, the Board of Directors of the Anna Community Development Corporation
the "CDC'), created by the City of Anna, Texas (the "City"), in accordance with Article
5190.6, V.A.T.C.S., Section 413, and now operating under Texas Local Government
Code, Chapter 505 (the "Act") has found that it is in the best interests of the Corporation
to authorize an expenditure of funds for site improvements to the splash pad at Slayter
Creek Park for a recirculating water system, and
WHEREAS, the CDC's funding of the recirculating system site improvements to the
splash pad at Slayter Creek Park is subject to the approval of the City Council of the
City of Anna ("City Council"); and,
WHEREAS, the CDC Board of Directors has investigated and determined that the
expenditure for the recirculating system site improvements to the splash pad that is the
subject of this resolution is suitable for infrastructure improvements necessary to
promote or develop new or expanded business enterprises;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority for Site Improvement Expenditure
The CDC approves and authorizes the expenditure of funds for a recirculating system
site improvement to the splash pad at Slayter Creek and authorizes the CDC's COA to
expend those funds, however, not to exceed $75,000, and further being subject to any
necessary budgetary amendment to the CDC fiscal year 2013-2014 budget. The
funding of this project by the CDC will be subject to City Council approval.
CDC OF ANNA, TEXAS RESOLUTION NO. v?G �y' 4' � � � e- PAGE 1 OF 2
PASSED AND APPROVED by the Anna Community Development Corporation this
.V-I day of Qa,_2014.
Johh/Houcek, CDC President
CDC OF ANNA, TEXAS RESOLUTION NO.����� ` �'"��� ��� C PAGE 2 OF 2
i
X{OUR} i�OMETOWN
Council Meeting: April 22, 2014
Account Code #
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Rob Woods
Amount:_._ $60,MU) .00 Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a contract
with Water Splash to construct and install a recirculation system for the existing splash pad.
SUMMARY: We recently received notice that the North Texas Municipal Water District
(NTMWD) is modifying their Stage 3 water restrictions to allow outdoor landscape watering
only once every two weeks during the month of April, and that the policy may be extended on a
month -to -month basis at the discretion of the NTMWD Board of Directors. The NTMWD water
restriction will apply to the City's water customers when we start supplementing our water
supply with NTMWD treated surface water this summer.
Based on the latest water restrictions from the NTMWD, the continuing drought, and the rapid
growth of our city, we are recommending that the Slayter Creek Park splash pad be retrofitted to
recirculate the water that is used to operate this amenity. The Anna Community Development
Corporation has authorized an expenditure of up to $75,000 to make this conversion. Water
Splash constructed the splash pad plumbing and the existing holding tank to accommodate the
installation of a recirculation system at a later date. Water Splash will be able to construct and
install the proposed recirculation system for the not to exceed amount of $60,000.
The City's Financial Policy requires that all purchases above $50,000 be purchased under formal
competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code
under Chapters 252 and 271. Chapter 271 Subchapter F of the Texas Local Government Code
permits a local government to participate in a cooperative purchase program with another local
government or a local cooperative organization. Goods or services purchased through a
cooperative purchasing program satisfy the State law requirement to seek competitive bids.
The WaterSplash recirculation system will be purchased by the City through the Texas Local
Government Purchasing Cooperative (commonly referred to as the "BuyBoard"). The TLGP
Cooperative is an administrative agency created in accordance with Section 791.001 of the Texas
Government Code. Its purpose is to obtain the benefits and efficiencies that can accrue to
members of a cooperative, to comply with state bidding requirements, and to identify qualified
vendors of commodities, goods, and services. The Cooperative also relieves the burdens of
governmental purchasing by effectively using current technology and realizing economies of
scale. The Cooperative analyzes and makes award recommendations for products and services
that have been submitted for competitive procurement as outlined by state statute.
Item No. 9
City Secretary's use only
RECOMMENDATION: Staff recommends approval of the attached Resolution that authorizes
the purchase of the recirculation system from Water Splash through the Texas Local Government
Purchasing Cooperative.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR
THE PURCHASE AND INSTALLATION OF A THE RECIRCULATION SYSTEM FOR
THE EXSITING SPLASH PAD AT SLAYTER CREEK PARK
WHEREAS, Staff has spent the past several weeks evaluating the need recirculation
system for the existing splash pad and splash pads contractors in order to identify the
most suitable and qualified vendor to perform the work necessary to construct the
recirculation system;
WHEREAS, based on its evaluation, Staff is recommending that the city contract with
Water Splash Inc. for the recirculation system for the existing splash pad;
WHEREAS, Water Splash Inc. will construct and install the recirculation system for the
existing splash pad for not to exceed amount of $60,000 through the Texas Local
Government Purchasing Cooperative (commonly referred to as the "BuyBoard"); and,
WHEREAS, the City's financial policy requires that all purchases above $50,000 be
purchased under formal competitive sealed bidding rules or as otherwise permitted by
the Texas Local Government Code under Chapters 252 and 271; and
WHEREAS, Chapter 271 Subchapter F of the Texas Local Government Code permits a
local government to participate in a cooperative purchase program with another local
government or a local cooperative organization;
WHEREAS, goods or services purchased through a cooperative purchasing program
satisfy the State law requirement to seek competitive bids; and,
WHEREAS, The Texas Local Government Purchasing Cooperative is an administrative
agency created in accordance with Section 791.001 of the Texas Government Code,
whose purpose is to obtain the benefits and efficiencies that can accrue to members of
a cooperative, to comply with state bidding requirements, and to identify qualified
vendors of commodities, goods, and services;
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.
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2
Section 2. Approval of Splash Pad Purchase and Installation Contract
The City Council hereby authorizes the City Manager to execute on its behalf a Contract
with Water Splash Inc. (the "Contract"), attached hereto as Exhibit 1, for the purchase
and installation of a recirculation system at the existing splash pad at Slayter Creek
Park, 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 Contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22"a
day of April, 2014.
APPROVED:
ATTEST:
Mike Crist, Mayor Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2
CONSTRUCTION CONTRACT
Water Splash Inc. ("Builder,") and, the City of Anna, Texas ("Client,") hereby enter into this Construction Contract (this "Contract")
effective as of this - day of 2014, for the purposes of establishing the provisions of the delivery and
construction of the recirculation system and related equipment for the existing splash pad located at Slayter Creek Park.
I. Summary of Contract
Builder will provide Client all of the items set forth in this Contract in the manner and within the time period set forth herein and
shall otherwise perform its obligations under this Contract at a Total Price (as set forth in Section IV of this Contract) of $54,800,00,
II. Builder Obligations
Builder must perform the following obligations:
1. Site preparation. Includes excavation work and backfilling of disturbed areas.
2. Construction/Installation. Includes installation of recirculation system for existing splash pad and all related products,
equipment and materials in accordance with the illustrations and design documents attached hereto as Exhibit A and
other applicable provisions of this Contract, said products, equipment, and materials including without limitation:
a. Connections to existing 5,000 gallon fiberglass tank that was installed with the original construction of the splash
pad. Previously unused tank connections will be connected to the proposed recirculation system.
b. Plumbing work which will include all connections to the existing system any tie-ins required existing plumbing
manifolds or pumps, etc.
c. Electrical work will include all wiring, electrical apparatuses and any other associated material or equipment to
complete the project.
d. UV Filtration system will include necessary components
e. Water Recirculation System will include UV filtration components
3. Technical Specifications. Prior to construction and installation, Builder shall provide Client with the technical
specification for all splash pad features listed in Section 11.2. of this Contract.
4. Performance/Payment Bonds. Within ten business days of the effective date of this Contract, Builder shall provide to
Client a payment bond and a performance bond, each in the amount of the Total Price of this Contract and each in
accordance with Texas Government Code § 2253.021. Said bonds must be provided to Client in a form approved by
Client before Builder performs any services or work under this Contract, and before any sums shall become due and
payable by Client. Should the Total Price increase for any reason, Builder shall submit additional payment bonds and
performance bonds to match any such increases.
5. Maintenance Bond. In addition to and cumulative of any warranties provided by Builder, Builder shall provide to Client
a two-year maintenance bond in the Total Price of this Contract and in a form approved by Client.
6. Change Orders. Before requesting a change order that would increase the Total Price, Builder will take all reasonable
steps to find suitable alternatives that meet the requirements of this Contract without increasing the Total Price and
Builder will pursue such alternatives with dispatch and diligence after written approval by Client. Builder shall not
proceed with any work described in a change order that increases the Total Price unless such change order specifically
describes the changes in the work the amount of the price increase, and is signed by Client's City Manager.
7. Construction Period. Builder agrees that construction will begin after receiving Client's written notice to proceed, as
early as the month of April 23, 2014, and that completion is guaranteed by June 3, 2014. Builder shall be responsible to
pay Client in the amount of $500 for each day that work remains uncompleted after June 3, 2014.
CONSTRUCTION CONTRACT Page 1 of 4
8. insurance Requirement. Builder agrees to hold insurance policies including auto liability and general liability in the
coverage amounts of at least $2,000,000.00 per occurrence, said policies covering injuries to persons or property,
equipment, materials and/or subcontractors, and shall further hold any other insurance policies required under the
laws of the State of Texas in the statutory amounts. Compliance with these insurance requirements shall not limit the
liability of Builder or any subcontractor. Any remedy provided to Client by any insurance maintained by Builder and/or
a subcontractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an
indemnitee of Builder) available to Client under this Contract or otherwise. Neither approval nor failure to disapprove
insurance furnished by Builder or subcontractor shall relieve Client from responsibility to provide insurance as required
by this Contract.
9. Subcontractors/Hires. Builder may use qualified subcontractors of their choice, with the understanding that payment
to the subcontractor is the sole responsibility of Builder. Builder will utilize a fully qualified on -site engineer to
supervise the entire project installation.
10. Cleanup. Builder agrees to be solely responsible for removal of all debris, equipment, and materials and dispose of
same according to city/state laws and regulations.
11. Warranties. In addition to and cumulative of the other assurances/bonds to be provided by Builder under this Contract,
Builder shall provide Client with all warranties described or referenced in the attached Exhibit A, and shall do so within
ten business days of the effective date of this Contract.
12. Indemnity. EXCEPT FOR EXPENSES OR LIABILITIES ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON
CONDUCT OF CLIENT, BUILDER HEREBY EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD CLIENT HARMLESS
FROM AND AGAINST ANY AND ALL EXPENSES AND LIABILITIES ARISING OUT OF THE PERFORMANCE OR DEFAULT OF
THIS CONTRACT AS FOLLOWS: BUILDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, CLIENT AND ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND
AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, (WHETHER IN CONTRACT OR IN TORT, INCLUDING PERSONAL
INJURY, ACCIDENTAL DEATH OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS/ALLEGATIONS ARE
FALSE, FRAUDULENT OR GROUNDLESS), AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND RELATED COSTS,
EXPERT FEES, LITIGATION, ARBITRATION, MEDIATION, OR APPEAL EXPENSES) INCURRED IN ANY MATTER, INCLUDING A
PROCEEDING TO ENFORCE THE DUTIES SET FORTH IN THIS PARAGRAPH WHICH IN WHOLE OR IN PART ARE ALLEGEDLY
CAUSED BY THE NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGFUL MISCONDUCT OF BUILDER OR PERSONS
EMPLOYED BY OR UTILIZED BY BUILDER IN BUILDER'S PERFORMANCE OF THIS CONTRACT. BUILDER'S OBLIGATION TO
INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL REMAIN IN EFFECT AND SHALL BE BINDING UPON BUILDER
WHETHER SUCH INJURY OR DAMAGE SHALL ACCRUE, OR MAY BE DISCOVERED, BEFORE OR AFTER TERMINATION OF
THIS CONTRACT. BUILDER'S FAILURE TO COMPLY WITH THIS SECTION'S PROVISIONS SHALL CONSTITUTE A MATERIAL
BREACH UPON WHICH BUYER MAY IMMEDIATELY TERMINATE OR SUSPEND THIS CONTRACT, AND PURSUE ANY OTHER
AVAILABLE REMEDY.
13. Business Registration. As an entity organized outside of the State of Texas, Builder must register as a foreign company
with the Office of the Texas Secretary of State. While Builder may begin work under this Contract before it has
completed such registration, Client shall have no obligation to make any payment under this Contract until such time
that Builder has fully completed said registration. Once registered, Builder shall maintain such registration in good
status with the Office of the Texas Secretary of State at all times while performing any services under this Contract and
for at least 12 months after the conclusion of the performance of said services. Notwithstanding any other provision of
this Contract, Client may terminate this Contract after giving 30 days' written notice to Builder that Client has
determined, upon information and belief, that Builder has not completed such registration with the Office of the Texas
Secretary of State. Such termination shall become effective 30 days after submission of said written notice unless
Builder delivers proof to Client that it has fully completed such registration. To be considered valid, said proof must be
certified by the Office of the Texas Secretary of State.
CONSTRUCTION CONTRACT Page 2 of 4
III. Client Obligations
Client is responsible for the following items:
1. Permit Fees. I"a V" to the payments otherwise required under this Contract, payment of any required permit fees.
2. Payment. Subject to other express terms of this Contract, Client agrees to pay Builder according to the following
schedule:
a. Client will make one scheduled payment may withhold a final payment amount of $50,000 until Builder has complied
with the provision regarding the required maintenance bond under Section 11.5. of this Contract.
b. Client agrees that if payment is not made according to the above schedule, Builder has the right to stop all work until
such time as payments have been brought current.
3. Price Changes. Client will be responsible for additional costs that are the result of any agreed -upon, properly approved
and executed change orders, should they be necessary, subject to Builder's responsibilities under Section 11.6. of this
Contract.
IV. Price
The "Total Price" for all materials and services to be provided under this Contract is $280,000.00 as set forth below:
Electrical work
Plumbing work
Equipment (Purchase and Installation)
Excavation work and backiilling
UV Filtration Upgrade
Water Recirculation System —
(pump has been installed)
Freight
Project Total
$5,000
$5,000
$15,000
$15,000
$ 59,200.00
1. Authority to Contract. Builder represents and warrants to Client that the person signing this Contract has full authority to
bind Builder to its obligations and promises as set forth in this Contract. Client represents and warrants to Builder that the
person signing this Contract has full authority to bind Client to its obligations and promises as set forth in this Contract.
2. Representations and Warranties. Builder represents and warrants to Client that Builders statements in the attached Exhibit
A, and the information contained therein, is true and correct and applicable to this Contract and Builder's obligations
hereunder.
3. Independent Contractor. Except as expressly set forth in this Contract, Builder shall be solely responsible for and have
exclusive control over delivery of the products, materials, equipment and installation/construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the work and services under this Contract. This
Contract is not in any respect a joint venture or partnership between Builder and Client.
CONSTRUCTION CONTRACT Page 3 of 4
4. Applicable Law/Venue, This Contract shall be governed by the laws of the State of Texas and exclusive jurisdiction over and
venue for any dispute arising from, related to, or growing out of (directly or indirectly) this Contract, shall be brought in a
court of competent jurisdiction in Collin County, Texas.
5. Addresses and Notice. All notices hereunder from Client to Builder will be sufficiently given if sent by certified mail with
confirmation of delivery, addressed to: Gokhan Celik, Watersplash Inc., 25 Locust St. #412, Champlain NY 12919. All notices
from Builder to Client will be sufficiently given if sent by certified mail with confirmation of delivery, addressed to: City
Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75409. All notices will be deemed to have been
given on the date of mailing or sending of such notice. The parties may change their respective address upon five business
days' written notice to the other party.
6. Entire Agreement. This Contract, Exhibit A, attached hereto, and the written warranty(ies) and Technical Specifications to
be delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind
made by the parties or their representatives. No representative or employee of Builder or Client has any authority to bind
themselves, respectively, to any term, representation or warranty other than those specifically included in this written
Contract or the written warranty(ies) and Technical Specifications to be delivered to Client in connection with this Contract.
This Contract may not be amended or supplemented except by written agreement executed by Builder and Client. This
Contract is not intended to benefit any parties not a party hereto.
SIGNATURES:
CITY OF ANNA
By: Philip Sanders, City Manager
WATER SPLASH, INC.
By: Gokhan Celik, its President
�l
By: Tara Menon, its Regional Manager
Waters plash, Texas Region
CONSTRUCTION CONTRACT Page 4 of 4
n
Council Meeting: Apri122I 2014
Account Code #: N/A
Budgeted Amount:
Item No. I0
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 04/16/2014
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the
Anna City Code of Ordinances regarding utility billing operations, notices, and fees;
amending Pail II, Article 49, Section 1 and Section 7; and Part IV, Article 7, Section 5.
SUMMARY: With the employment if our new customer service supervisor working in
out Utility Billing Office, we have had the chance to review the ordinances that guide our
Utility Billing operations. This review has identified the need to update, change, or
eliminate sections of our ordinances.
The ordinance below incorporates all the changes; however, they are provided here for
summary purposes.
Section 1 of the general ordinances is amended to remove redundant language related to
hearings on disputed utility bills.
Section 7 of the general ordinances outlines how certain operations are to occur. The
changes listed below encompass all changes recommend to Part II, Article 49, Section 7:
• 7.03 (b) was deleted as staff does not currently require a 100% increase in the
customers deposit if disconnect more than two times in a calendar year.
• 7.05 was eliminated and replaced with language allowing a customer to transfer
their account information, consumption, and deposit to a new account within the
City's service area. The code currently calls to treat transfers like a new service
and not allow the transfer of deposit.
• 7.10 was amended to clarify the contents of late notices and to clarify how to
request a hearing on a disputed utility bill. 7.10 was further amended to remove a
reference to fees charged to a customer's account when receiving a late notice.
• 7.11 was changed to adjust times when a disconnected customer can pay the
reconnection fee and expect to be turned on that same day.
Item No. 10
City Secretary's use only
Part IV, Article 7 of the Code of Ordinances addresses fees and charges for utility billing.
Section 5 (b) was changed to eliminate the fee of $10 referenced in 7.10 that was to be
assessed to any customer receiving a late notice.
RECOMMENDED ACTION: Staff recommends approval of the attached Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES REGARDING UTILITY BILLING OPERATIONS, NOTICES,
AND FEES, AMENDING PART II (GENERAL ORDINANCES), ARTICLE 49,
SECTION 1 AND SECTION 7; AND PART IV SCHEDULE OF FEES, ARTICLE 7,
SECTION 5; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing water, sewer and other utility billing services and
related procedures; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part II (General Ordinances), Article 49, Section 1 and Section 7
A The Anna City Code of Ordinances ("Anna Code") with regard to utility billing
operations, notices, and related procedures; and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part IV (Schedule
of Fees), Article 7, Section 5 of The Anna Code ("Anna Code") with regard to utility
fees;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby amends Part II General Ordinances, Article 49, Section 1 (In
General) of the Anna Code, as follows:
1.08 Termination of Service Authorized
(a) The City shall have the right to disconnect or refuse to connect or
reconnect any Utility service for any lawful reason, including but not
limited to:
Ord. Amending Code regarding Utility Billing.doc Page 1 of 6 04-22-2014
(1) failure to meet the applicable provisions of law;
(2) violation of the rules and regulations pertaining to Utility service;
(3) nonpayment %J bills;
(4) willful or negligent waste of service due to improper or imperfect pipes,
yard lines, clean outs, fixtures, appliances or otherwise;
(5) molesting any meter, seal or other equipment controlling or regulating
the supplies of Utility services;
(6) theft or diversion and/or use of service without payment therefore;
(7) refusal to allow inspection of property provided with Utility services;
(8) vacancy of premises.
(b) Affected Customers will be notified of pending termination of services in
accordance with the provisions of this Article. It is the policy of the City to
provide Customers with notice and a meaningful opportunity to be heard
on disputed issues regarding nonpayment or insufficient payment before
termination of services. Any Customer disputing the nnrreGtness of a hill
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(c) Emergency termination of services by the City may occur without notice or
hearing in instances where it is apparent that such termination of services
is necessary to avoid imminent harm to Persons or property. In such
event, notice and an opportunity for hearing will be provided as soon
practicable after such termination.
In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby amends Part II General Ordinances, Article 49, Section 7
(Rates and Charges) of the Anna Code, as follows:
7.03 Deposits, Connection -and Transfer Fees for Water Service
{a} All Persons —prior to use of water from the City water system --must place
with the City a water meter/security deposit for each account or meter.
Ord. Amending Code regarding Utility Billing.doc Page 2 of 6 04-22-2014
(c) Emergency termination of services by the City may occur without notice or
hearing in instances where it is apparent that such termination of services
is necessary to avoid imminent harm to Persons or property. In such
event, notice and an opportunity for hearing will be provided as soon
practicable after such termination.
In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby amends Part II General Ordinances, Article 49, Section 7
(Rates and Charges) of the Anna Code, as follows:
7.03 Deposits, Connection -and Transfer Fees for Water Service
{a} All Persons —prior to use of water from the City water system --must place
with the City a water meter/security deposit for each account or meter.
Ord. Amending Code regarding Utility Billing.doc Page 2 of 6 04-22-2014
Such water meter/security deposit amounts are set forth in Part IV,
Schedule of Fees, Article 7, Section 4. All Persons —prior to using of
water from the City water system —must pay a nonrefundable service
connection fee in the amount set forth in Anna Code, Part IV, Schedule of
Fees, Article 7, Section 4.5.
(b) All Persons that are diSG()RneGted for bill than two
nonpayment of a more
times in a 12month neried innrease their denesit by 100 before
tomes
iV � must
the aGGGunt may be renenneGted
7.05 Effect of Transfer, Moving
There shall be ne transfer, OF SO Galled transfer, frorn lGGation to
deposits
one
made for utility in
the tFansfer
another e
be.
��i V 1� "Rd eaGh Gase, shall
are va ated, any arnounts due fE)F be. On full
premises
and utility seFViGe shall not be GGrnmenGed
water seR�iGe shall paid
this is dene
at anether plaGe until
the Gustemet: has been d!SGE)nneGted for neRpayment time On the last twe
any
years or there is mere than one month remaining en the �
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payment aGated
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request for utility seFViGe and app!
N
another shall GORsidered as a new
be to the
Gants shall required make GUrrent.
is made
SUGh request
A customer may transfer their existing utility account and services, including
deposit, charges for consumption, and personal information to a new account
for
utility services. Transfers may
only occur when
the premises associated with the
account to be closed are vacated and the customer requests that water be
supplied to a different service address within the City Is service area. To
complete a transfer the final bill from the account to be closed will be processed
and
posted to the new account.
The deposit and any final balances will be
transferred over to the new current account.
7.10 Disconnection for Nonpayment
Water, sewer, and garbage collection services to any Customer are subject to
discontinuation after 10 days from the date the bill is due and payable, if not paid
in full. The following policies will be followed by the City regarding
discontinuation of services for nonpayment.
(a) When it becomes necessary for the City to discontinue utility service to a
Customer for nonpayment of bill, service will be reinstated only after all
bills for service then due and reconnect charges have been
(b) It is the policy of the City to discontinue utility service to Customers by
reason of nonpayment or insufficient payment of bills only after notice and
Ord. Amending Code regarding Utility Billing.doc Page 3 of 6 04-22-2014
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Ord. Amending Code regarding Utility Billingdoc Page 4 of 6 04-22-2014
7A 1 Reconnection after Disconnection
(a) In the event that utility service is disconnected for nonpayment of the bill,
the Customer shall have the right to have the same reconnected only
upon the payment by the Customer of all outstanding utility charges
owed to the City, plus a reconnection fee if the request is during normal
business hours. If the water is turned back on without payment or without
the City's authorization, the meter is subject to being removed or locked
by the City, and there shall be an increased reconnection fee. If the
payment and request is outside of normal business hours an additional
amount shall be added to the reconnection fees described above. All
charges due under this subsection must be paid by check or money
order payable the City of Anna and no cash shall be accepted.
(b) In the event that utility service is temporarily disconnected at the request
of the Customer, a service charge shall be added to the account for
disconnection and reconnection of utility service during normal working
hours of the City. If the request is outside of normal business hours an
additional fee shall be added to the account.
(c) If a water Customer's meter has been cut off due to nonpayment and the
Customer pays all amounts due d6iFing neFrnal business during the hours
of {8:00 a.m. to 4:300 p.m.), including any additional charges such as late
penalties, the Public Works Department of the City will make reasonable
efforts to turn the Customer's water on that same day or as reasonably
soon thereafter as is practicable under the circumstances.
(d) The Public Works employee who reconnects water service will make
reasonable efforts to insure that water is not running on the Customer's
side of the meter when the reconnection is made. If the water meter
indicates that water is running on the Customer's side of the meter, the
employee will discontinue water service by turning off the meter. The
Customer is then responsible for contacting the City to reconnect the
service.
(e) The amounts of the fees and charges referenced under subsection (a)
and (b), above, are set forth in Anna Code, Part_IV, Schedule of Fees,
Article 7, Section 6.
Ord. Amending Code regarding Utility Billing.doc Page 5 of 6 04-22-2014
In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby further amends Part IV Schedule of Fees, Article 7, Section 5 of
the Anna Code, as follows:
Section 5. Additional Fee for Late Payment of Bill and for Late Payment Notice
{a} Failure to pay a utility bill before the last time for payment set forth in the
Anna Code, Part II Article 49, Section 7.09 shall result in an additional
charge of 10% of the total outstanding amount due on the Customer's utility
account bill at the time the bill becomes delinquent.
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Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 22nd day of April, 2014.
ATTESTED:
City Secretary, Natha Wilkison
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Mayor, Mike Crist
Ord. Amending Code regarding Utility Billing.doc Page 6 of 6 04-22-2014
Council Meeting: April 225 2014
Account Code #: Contingency
Budgeted Amount: $25,567
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Clayton Fulton
Date Prepared: 04/16/2014
Exhibits: Q Yes Q No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing
distribution of contingency appropriation.
SUMMARY: The budget ordinance adopted in September called for 3% or $123,127
in contingency appropriation for the FY 14 budget. In December the council authorized
the use of $2,500 of the contingency allocation to support the GACC's centennial
celebration. That leaves the contingency appropriation with a balance of $120,627.
The following items are now requested additional contingency for the following items:
• Unforeseen repairs to the PD/Customer Service facility - $11,067 10-550-6303
o The building experienced major damage to its sewer service line that
required emergency repairs. Additionally there was a need to make
repairs to roof due to poor workmanship of the previous contractor that
replaced the roof 2 years ago. The sewer service line was replaced, roof
materials were also repaired and replaced. The repairs are not covered by
our insurance policy with TML.
• IT equipment/repairs - $4,500 10400-6911
o In the early part of the year we experienced a significant IT event where
information on our servers and in our databases became corrupt. Through
the course of recovery our IT contractor identified the need for some
additional networking and storage hardware.
• Road Bore for Fiber Project - $10,000 10400-6703
o To interconnect our facilities at the Fire Department and fully complete
our fiber upgrade plan we need a road bore under highway 5 at our Fire
Station.
If approved, this request will leave a balance of $95,060, or 77%, in the contingency
appropriation.
RECOMMENDED ACTION:
contingency appropriation.
Approve the resolution
Item No. I I
City Secretary's use only
authorizing the use of
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ALLOCATE A PORTION OF THE FY 2014 CONTINGENCY
WHEREAS, The City of Anna (the "City") had faces and equipment that sustained
unforeseen damage that necessitated certain upgrades and repairs; and,
WHEREAS, The City is engaged in upgrading its telecom system to a fiber based network
that necessitates unforeseen services to complete the upgrade; and,
WHEREAS, funds are available in the City's General Fund contingency allocation subject to
approval of the City Council;
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. Contingency Appropriation
Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the
City Manager to transfer $25,567 from the FY 2014 General Fund Contingency Appropriation
to the Police Department for Maintenance and Repair of Buildings, $11,067 to 10-550-6303;
to Administration for It Equipment, $4,500 to 10-400-6911; and to Administration for Contract
Services, $10,000 to 10-400-6703.
PASSED by the City Council of the City of Anna, Texas, on this 22"d day of April 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
RES. PAGE 1 OF 1 04-22-13
Y{OUR} HaMETDW 11T
Council Meeting: April 22, 2014
Account Code #:
Budgeted Amount:
Item No.
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution accepting the
Consumer Price Index (CPI) adjustment to municipal telecommunications right -of --way access
line rates.
SUMMARY: As compensation for the use of the public rights -of --way, the Texas Public Utility
Commission allows the City to collect an access line charge from companies providing
telecommunications service within the City. The access line charges are adjusted annually in an
amount equal to one-half of the annual change in the consumer price index (CPI). The City has
the option to accept or decline the CPI adjusted access line charges. The attached resolution
would authorize the City Manager to accept the 2014 CPI adjusted access line charges (adjusted
by 0.78%) and all future consumer price index adjustments to municipal telecommunications
right-of-way access line rates.
RECOMMENDATION: Staff recommends that the Council approve the attached Resolution.
CITY OF ANNA, TEXAS
1 7 [•��7��� CW1KEKLWa
A RESOLUTION ACCEPTING THE CONSUMER PRICE INDEX ADJUSTMENTS TO
MUNICIPAL TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES.
WHEREAS, as compensation for the use of the public rights -of -way, State law allows
the City to collect an access line charge from companies providing telecommunications
service within the City; and
WHEREAS, in accordance with Chapter 283 of the Texas Local Government Code, the
access line charges are adjusted annually by the Public Utility Commission of Texas
due to inflation, as measured by the consumer price index (CPI); and
WHERAS, the City Council of the City of Anna, Texas (the "City Council") desires to
accept the annual maximum consumer price index adjustments of municipal
telecommunications right-of-way access line rates.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council hereby authorizes the City Manager to accept the annual
maximum consumer price index adjustments to municipal telecommunications right-of-
way access line rates.
PASSED by the City Council of the City of Anna, Texas, on this 22"d day of April, 2014.
ATTEST:
APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
y{oug}goMETOWN
Council Meeting: April 221 2014 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 4-18-14
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City
Council may enter into closed session to discuss any items listed or referenced on this
agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071)
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex Gov't Code §551.072);
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 retail development;
d. discuss or deliberate personnel matters: City Attorney Annual
Review. (Tex. Gov't Code §551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
Council Meeting: Apri122I 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-18-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for April 22, 2014 Workshop Session or any Closed Session occurring during this
Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Council Meeting: Apri122, 2014
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-18�14
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.