HomeMy WebLinkAbout2015-01-13 Workshop & Regular Meeting
CITY OF ANNA AGENDA NOTICE – CITY COUNCIL WORKSHOP
January 13, 2015 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.,
January 13, 2015 at the Anna City Hall Administration Building, located at 111 N.
Powell Parkway (Hwy 5), regarding the following items:
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing/Presentation by Palladium USA regarding proposed multi-family
development in the Anna Crossing subdivision.
4. Briefing/Presentation by Brownstone Construction Ltd. regarding proposed mixed
use with multi-family development at 211 W. 5th Street.
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov’t Code §551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072); acquisition of right-of-way,
easements, and land for municipal facilities;
c. discuss 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
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.
01-13-15 CC Workshop Meeting Agenda.doc 1 Posted 01-09-15
negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). (Tex.
Gov’t Code §551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update; City
Manager Annual Review; non-advisory Boards and Commissions.
(Tex. Gov’t Code §551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
6. Consider/Discuss/Action on any items listed on posted agenda for January 13,
2015 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
7. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m., January 9, 2015.
_Natha Wilkison
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.
01-13-15 CC Workshop Meeting Agenda.doc 2 Posted 01-09-15
Y{OIIEi}HOMETOWN
CITY COUNCIL MEETING
SIGN IN SJEIEET
DATE:
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and sill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Foi7n to the City Secretary prior to the start of the City
Council Meeting.
NAME
ADDRESS
`� r
�ia(� P�Fu� L�,��s ��n�
r.
,� o� �c��i�4Y1
�����
�X
CITY COUNCIL MEETING
SIGN IN SIIEET
DATE: II f5 t-oIS
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 Opimon/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME ADDRESS
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "3 PLEX OFFICES" SITE PLAN"
LOCATED IN ANNA'S CITY LIMITS GENERALLY LOCATED AT 403 N POWELL PKWY AND IS SUBJECT TO
THE ZONING REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the
City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City
Code of Ordinances ("Zoning Regulations"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Site Plan
The City Council of the City of Anna, Texas hereby approves the 3 Plex site plan with the condition
that full civil plans addressing drainage, utilities and paving shall be sealed by a Licensed Engineer
and approved prior to construction. Drainage improvements shall be designed to prevent
overloading the capacity of the downstream drainage system or adversely impacting either
upstream or downstream properties.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day of January,
2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
Y{OUR} HOMETOWN
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
January 13, 2015
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.,
January 13, 2015 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/Presentation by Palladium USA regarding proposed multi -family
development in the Anna Crossing subdivision.
4. Briefing/Presentation by Brownstone Construction Ltd. regarding proposed mixed
use with multi -family development at 211 W. 5" Street.
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions,
a. consult with legal counsel regarding pending or contemplated
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 4551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right -of --way,
easements, and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City seeks
to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City is conducting economic development
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.
01-13-15 CC Workshop Meeting Agenda.doc 1 Posted 0 1 -09-15
negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). Tex.
Gov't Code .551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update; City
Manager Annual Review; non -advisory Boards and Commissions.
(Tex. Gov't Code 4551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
6. Consider/Discuss/Action on any items listed on posted agenda for January 13,
2015 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
7. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m., January 9, 2015.
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.
01-13-I5 CC Workshop Meeting Agenda.doc 2 Posted 01-09-15
i
CITY OF ANNA, TEXAS
Item No. 3 WS
City Secretary's use only
City Council Agenda
Staff Report
Date: January 13, 2014
Staff Contact: City Manager
Exhibits: Yes
AGENDA SUBJECT:
Briefing/Presentation by Palladium USA regarding proposed multi -family development
in the Anna Crossing subdivision.
SUMMARY:
City staff has been approached by Palladium USA about the possibility of constructing a
multifamily development on property located within the Anna Crossing subdivision that
is currently being developed by the Skorburg Group. Palladium intends to submit an
application for federal tax credits which will be used to fund the construction of the
project. As a condition for receiving the tax credits, a portion of the apartment homes
would be available to income qualified residents paying affordable rental rates.
In order to submit a competitive application, the group will be requesting a resolution of
support and a financial contribution from the City for this project. Representatives from
Palladium USA will present to the Council information about their proposed project, and
explain the type of support and contribution they would need for a successful
application.
CITY OF AN NA, TEXAS
Item NO. 4 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2014
City Manager
AGENDA SUBJECT:
Briefing/Presentation by Brownstone Construction Ltd. regarding proposed mixed use
with multi -family development at 211 W. 5th Street,
SUMMARY:
City staff has been approached by Brownstone Construction Ltd. about the possibility of
constructing a mixed use with multi -family development on property located at 211 W.
5th Street. Brownstone intends to submit an application for federal tax credits which
will be used to fund the construction of the project. As a condition for receiving the tax
credits, a portion of the apartment units would be available to income qualified
residents paying affordable rental rates.
In order to submit a competitive application, the group will be requesting a resolution of
support and a financial contribution from the City for this project. Representatives from
Brownstone will present to the Council information about their proposed project, and
explain the type of support and contribution they would need for a successful
application.
Y{OUR}HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
January 139 2015
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., January
13, 2015, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as
attendance. If you wish to speak on an open -session agenda item please
Opinion/Speaker Registration Form and turn it in to the City Secretary
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
a record of
fill out the
before the
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
1. The Council may vote andlor 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.
01-13-15 CC Regular Meeting Agenda.doc 1 Posted 01-09-15
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 December 9, 2014 City Council Regular Meeting Minutes.
b. Approve December 16, 2014 City Council Meeting Minutes.
c. Presentation of the Quarterly Investment Report. (Clayton Fulton)
d. Approve a resolution regarding "Mudpies and Lullabies" site plan.
(Maurice Schwanke)
e. Approve a resolution regarding "Rigby" development plat. (Maurice
Schwanke)
f. Approve a resolution regarding "Burnco Texas LLC" development
plat. (Maurice Schwanke)
g. Approve a resolution regarding "3 Plex Offices" site plan. (Maurice
Schwanke)
h. Approve a resolution regarding "Johnson Addition" final plat.
(Maurice Schwanke)
i. Approve a resolution regarding "Anna Crossing PH IA" final plat.
(Maurice Schwanke)
j. Presentation of the Anna Racial Profiling Report. (Chief Jenks)
6. Consider/Discuss/Action regarding a resolution approving a Development
Agreement with QJR Partnership LTD. (Maurice Schwanke)
7. Consider/Discuss/Action regarding an ordinance approving the annexation of
a 23.190 acre tract of land located in the J C Brantley Survey, Abstract
A0114. The tract is adjacent to the current City Limits and is located south of
County Road 376 and east of County Road 427. (Maurice Schwanke)
Public Hearing: For the City Council to hear public comment regarding a
request by owners) of property for a Planned Development District zoning
including Single Family Residence (SFR) with a minimum lot size of 7200
square feet. The property is located south of County Road 376 and east of
County Road 427. The property is currently being considered for annexation
and is therefore not zoned. (Maurice Schwanke)
(b) Consider/Discuss/Action regarding an ordinance approving a request for a
Planned Development District zoning including Single Family Residence
(SFR) with a minimum lot size of 7200 square feet. The property is located
south of County Road 376 and east of County Road 427. The property is
currently being considered for annexation and is therefore not zoned.
(Maurice Schwanke)
I. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and 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.
O1-1345 CC Regular Meeting Agenda.doc 2 Posted 01-09-I5
9. Public Hearing: (lst) For the City Council to hear public comment regarding
the annexation of the following tract: a tract of land in the Hiram Brinlee
Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on
both sides of County Road 419 and adjacent to the city limits, containing
approximately 64.1 acres of land more or less. (Maurice Schwanke)
10. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of The Villages of Hurricane Creek from "PD" — single
family residential to "PD"— single family residential. (Maurice Schwanke)
11. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for The Villages of Hurricane
Creek. (City Manager)
12. Consider/Discuss/Action regarding a resolution authorizing the City Manager
to execute an engineering task order with Birkhoff, Hendricks, and Carter,
LLP for the Pecan Grove Waterline Project. (Joseph Johnson)
13. Consider/Discus/Action approving a resolution designating authorized
signatories for contractual documents and documents for requesting funds
pertaining to the TxCDBG project. (Joseph Johnson)
14. Consider/Discuss/Action regarding a resolution approving a Settlement and
Release Agreement with Oncor Electric Delivery Company. (City Manager)
Public Hearing: For City Council to hear public comment regarding an
ordinance amending Part III -A (Subdivision Regulations), Article 3
(Subdivision Design Standards), Section 9.02 (a) of the Anna City Code of
Ordinances. (City Manager)
(b) Consider/Discuss/Action regarding an ordinance amending Part III -A
(Subdivision Regulations), Article 3 (Subdivision Design Standards), Section
9.02 (a) of the Anna City Code of Ordinances. (City Manager)
16. Future Agenda Consideration:
Consider/Discuss/Action regarding placing the following item on a future City
Council agenda. Ordinance regulation the purchase and possession of
electronic cigarettes by minors. (Councilmember Barnes)
17. Briefing/Discussion regarding review of city facilities architectural proposals.
(City Manager)
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.
01-13-15 CC Regular Meeting Agenda.doc 3 Posted 0 1 -09-15
1 & CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code, 551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right-of-way;
easements; and land formunicipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City seeks
to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City is conducting economic development
negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). Tex.
Gov't Code 4551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Update; City
Manager Annual Review; non -advisory Boards and Commissions.
(Tex. Gov't Code 4551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
19. Consider/Discuss/Action on any items listed on posted agenda for January 13,
2015 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
20. 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. January 9, 2015.
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.
01-13-15 CC Regular Meeting Agenda.doc 4 Posted 01-09-15
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.
01-13-15 CC Regular Meeting Agenda.doc 5 Posted 01-09-15
�w
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Call to order.
SUMMARY:
STAFF RECOMMENDATION:
Item NO. I
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhihits.
January 13, 2015
City Manager
CITY OF ANNA, TEXAS
Item NO. 2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
January 13I 2015
City Manager
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Citizen comments.
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date: January 13, 2015
Staff Contact: City Manager
Exhibits:
Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss
any issues that are brought up during this section that are not on the agenda, other than
to make statements of specific factual information in response to a citizen's inquiry or to
recite existing policy in response to the inquiry.
SUMMARY:
STAFF RECOMMENDATION:
i
CITY OF ANNA, TEXAS
Item No. 4
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
City Manager
AGENDA SUBJECT: Receive reports from Staff or the City Council about items of
community interest.
Items of community interest include expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including a
change in status of a person's public office or public employment); a reminder about an
upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than
the governing body that was attended or is scheduled to be attended by a member of
the governing body or an official or employee of the municipality; and announcements
involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF AN NA, TEXAS
Item No. 5 ja — '
City Secretary's use only
City Council Agenda
Staff Report
Date: January 13, 2015
Staff Contact: City Manager
Exhibits:
AGENDA SUBJECT: Consent Items.
These items consists of non -controversial or "housekeeping" items required by law.
Items may be considered individually by any Council Member making such request prior
to motion and vote on the Consent Items.
SUMMARY:
a. Approve December 9, 2014 City Council Regular Meeting Minutes.
b. Approve December 16, 2014 City Council Meeting Minutes.
c. Presentation of the Quarterly Investment Report. (Clayton Fulton)
d. Approve a resolution regarding "Mudpies and Lullabies" site plan.
(Maurice Schwanke)
e. Approve a resolution regarding "Higby" development plat. (Maurice
Schwanke)
£ Approve a resolution regarding "Burnco Texas LLC" development
plat. (Maurice Schwanke)
g. Approve a resolution regarding "3 Plex Offices" site plan. (Maurice
Schwanke)
h. Approve a resolution regarding "Johnson Addition" final plat.
(Maurice Schwanke)
i. Approve a resolution regarding "Anna Crossing PH IA" final plat.
(Maurice Schwanke)
j. Presentation of the Anna Racial Profiling Report. (Chief Jenks)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
December 9, 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., December
9, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway
(Hwy 5), regarding the following items:
L Call to Order.
Mayor Pro Tem Chad Barnes called the meeting to ol•del• at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Pro Tem Chad Barnes and Council Members James T. Cook, Lauren
Lovato, John Beazley, Nathan Bryan and Dick Dowd were present. Mayor Mike
Crist was absent.
3. Presentation by Jason Adams on A -Town Sports. (Maurice Schwanlce)
Maurice Schwanlce Director of Planning and Development present the item to
council and introduced Jason Adams to council. Mr. Adams made a presentation
to council regarding A -Town Sports.
4. Presentation/Discussion regarding a proposed multi -family project. (City
Manager)
The group making the presentation was running late and the presentation was not
made at this time. Mayor Pro Tem Barnes returned to this item during regular
session. Presentation was made by Bonner Carrington Group and they answered
questions from council members.
Council Member Bryan made the motion to enter closed session at 6:40 pm.
Council Member Beazley seconded the motion. Motion passes.
AYE 6
ABSTAIN 0
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071);
12-09-14 CC Workshop Meeting Minutes.doc 1 12-09-14
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
55� 1.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update;
City Manager Annual Review; non -advisory Boards and
Commissions. (Tex. Gov't Code 4551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception to
the Open Meetings Act.
Council Member Lovato made the motion to return to open session at 7:30 pm.
Council Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
6. Consider/Discuss/Action on any items listed on posted agenda for December
99 2014 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
Council Member Bryan made the motion to take no action. Council Member
Dowd seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Adjourn.
Council Member Bryan made the motion to adjourn at 7:32 pm. Council Member
Beazley seconded the motion. Motion passes
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Willcison, City Secretary
Mike Crist, Mayor
12-09-14 CC Workshop Meeting Minutes.doc 2 12-09-14
12-09-14 CC Workshop Meeting Minutes.doc 3 12-09-14
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
December 9, 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., December 9,
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 Coarncil Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you iWsh to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Pro Tem Chad Barnes called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Pro Tem Chad Barnes gave the invocation.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought 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.
City Manager reminded council of the Christmas parade Saturday, December
13, 2014 at 12:00 pm.
12-09-1�4 CC Regular Meeting Minutea doc 1 12-09-14
5. Consent Items. Ihese 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 October 28, 2014 Regular City Council Minutes.
b. Approve November 13, 2014 Regular City Council Minutes.
c. Approve resolution authorizing approval of an Interlocal
Agreement with the City of Melissa to purchase a portion of
Anna's minimum take -or -pay obligation under the GTUA/City of
Anna potable water contract. (Clayton Fulton)
d. Approve a resolution regarding a Special Event Permit for the
annual Christmas Parade. (Maurice Schwanke)
e. Approve resolution regarding West Crossing Phase 5 Final Plat.
(Maurice Schwanke)
Item 5 €was pulled from the agenda. It was not ready at this time. Council
Member Beazley made the motion to approve items 5 (a-d). Council Member
Bryan seconded the motion. Motion passes.
6. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of The Villages of Hurricane Creek from "PD" —
single family residential to "PD"— single family residential. (Maurice
Schwanke)
City Manager Philip Sanders presented the item to council. Mayor Pro Tem
Barnes opened the public hearing at 7:39 pm. Mayor Pro Tem Barnes made
the motion to hold open and continue the public hearing on January 13, 2015
at 7:30 pm at City Hall Administration Building. Council Member Dowd
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for The Villages of Hurricane
Creek. (City Manager)
City Manager Philip Sanders presented the. item to council. Mayor Pro Tern
Barnes opened the public hearing at 7:40 pm. Mayor Pro Tem Barnes made
the motion to hold open and continue the public hearing on January 13, 2015
at 7:30 pm. Council Member Beazley seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
12-09-14 CC Regular Meeting Minutes.doc 2 12-09-14
8. Public Hearing (lst): For City Council to hear public comment regarding
annexation of the following tract: a tract of land in the J C Brantley
Survey, ABS A0114 generally located south of County Road 376 east of
County Road 427 and adjacent to the city limits, containing
approximately (24) acres owned by Leonard OP JR Investment CO and
Nancy Alice Leonard Investment CO Leonard Enterprises. (Maurice
Schwanke)
Maurice Schwanke Director of Planning and Development presented the item
to council. Mayor Pro Tern Barnes opened the public hearing at 7*42 pm.
There was no public comment. Mayor Pro Tern Barnes closed the public
hearing at 7:42 pm.
9. Public Hearing (lst): For City Council to hear public comment regarding
annexation of the following tract: an approximately 162.12 acre tract of
land located in the F T Daffau Survey, Abstract A0288 and an
approximately 64.5 acre tract of land located in the John Ellett Survey,
Abstract No. 0296 generally located immediately north of the Falls and
Creekside subdivisions on both sides of County Road 370. (Maurice
Schwanke)
Maurice Schwanlce Director of Planning and Development presented the item
to council. Mayor Pro Barnes opened the public hearing at 7:43 pm. There
was no public comment. Mayor Pro Tem Barnes closed the public hearing at
7:43 pm.
10. Consider/Discuss/Action regarding a resolution initiating procedures, and
setting the dates and times for public hearings to be held in connection
with the proposed annexation of approximately 64.1 acres of land located
in the Guinn Morrison survey, Abstract number 559 and the Hiram
Brinlee Survey, Abstract number 30. The property is located north of
Foster Crossing Blvd. and is traversed by County Road 419. The
annexation consists of 4 parcels of land. (Maurice Schwanke)
Maurice Schwanlce presented the item to council and answered questions.
Council Member Cook made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
11. Public Hearing (1St): For City Council to hear public comment regarding
the need to continue in effect current curfew for minors Ordinance No.
208-2005. (Chief Jenks)
Police Chief Jenks presented the item to council. Mayor Pro Tern Barnes
opened the public hearing at 7:49 pm. There was no public comment. Mayor
Pro Tern Barnes closed the public hearing at 7:49 pm.
12-09-14 CC Regular Meeting Minutes.doc 3 12-09-14
12. Consider/Discuss/Action regarding a resolution authorizing the Anna
Economic Development Corporation to enter into a consulting Agreement
with David D. Funderburgh Real Estate Investments, Inc. (Jessica
Perkins)
Jessica Perkins Assistant to the City Manager presented the item to council
and answered questions. Council Member Cook made the motion to approve.
Council Member Lovato seconded the motion. Motion passes.
AYE 6
NAY 0
13. Consider/Discuss/Action regarding a resolution approving an
appointment to serve a two-year term on the Greater Texoma Utility
Authority Board of Directors. (City Council)
Philip Sanders City Manager presented the item to council and answered
questions. Council Member Dowd made the motion to approve. Council
Member Bryan seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
14. Consider/Discuss/Action regarding a resolution selecting an engineering
firm to provide engineering services for the sewer improvements
associated with the 2014 Texas Community Development Block Grant
Program Project. (Joseph Johnson)
Joseph Johnson Director of Public Works presented the item to council and
answered questions. Council Member Cook made the motion to approve.
Council Member Lovato seconded the motion. Motion passes.
NAY 0
ABSTAIN 0
15. Consider/Discuss/Action regarding a resolution selecting an
administration consulting firm to provide consulting services for the
sewer improvements associated with the 2014 Texas Community
Development Block Grant Program Project. (Joseph Johnson)
Joseph Johnson Director of Public Works presented the item to council and
answered questions. Council Member Coolc made the motion to approve.
Council Member Lovato seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
16. Considei•/Discuss/Action regarding a resolution approving an engineering
task order for the Throckmorton Sanitary Sewer Interceptor Project.
(Joseph Johnson)
Joseph Johnson Director of Public Works presented the item to council and
answered questions. Council Member Coolc made the motion to approve.
Council Member Lovato seconded the motion. Motion passes.
12-09-14 CC Regular Meeting Minutes.doc 4 12-09-14
AYE 6 NAY 0 ABSTAIN 0
Mayor Pro Tem Barnes returned to item 4 on the work shop agenda at this
time.
Council Member Bryan made the motion to enter closed session at 8:31 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
17. 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.0
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way; easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
551.087)o proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Update;
City Manager Annual Review; non -advisory Boards and
Commissions. (Tex. Gov't Code, 551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
Council Member Beazley made the motion to return to open session at 8:52
pm. Council Member Bryan seconded the motion. Motion passes.
18. Consider/Discuss/Action on any items listed on posted agenda for
December 9, 2014 Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
12-09-14 CC Regular Meeting Minutes.doc 5 12-09-14
Mayor Pro Tem Barnes returned to Item 4 on the workshop agenda before
going into executive session. Council Member Bryan made the motion to take
no action. Council Member Dowd seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
196 Adjourn.
Council Member Dowd made the motion to adjourn at 8:53 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Chad Barnes, Mayor Pro Tem
12-09-14 CC Regular Meeting Minutes.doc 6 12-09-14
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
December 10, 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., December 16,
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 Courncil Meeting. Please sign the Sign -In -Sheet as a recoT^d of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to order.
Mayor Mike Crist called the meeting to order at 7:30 pm. Mayor Mike Crist
and Council Members James T. Cook, Chad Barnes, Nathan Bryan and Dick
Dowd were present. Council Members Lauren Lovato and John Beazley were
absent.
2. Invocation and Pledge of Allegiance.
Mayor Mike Crist gave the invocation.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
None
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: eapuessions 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.
City Manager, Philip Sanders stated that there would not be any more City
Council Meetings for the 2014 year unless something important came up.
12-16-14 CC Regular Meeting Mi�mtes.doc 1 12-16-14
5. Presentation of the Anna Police Department FY 2014 Asset Forfeiture
Report. (Chief Jenks)
Police Chief Kenny Jenks presented the item to council and answered
questions.
6. Public Hearing (2nd): For City Council to hear public comment
regarding annexation of the following tract: a tract of land in the J C
Brantley Survey, ABS A0114 generally located south of County Road 376
east of County Road 427 and adjacent to the city limits, containing
approximately (24) acres owned by Leonard OP JR Investment CO and
Nancy Alice Leonard Investment CO Leonard Enterprises. (Maurice
Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council Mayor Crist opened the public hearing at 7:36 pm. There was no
public comment. Mayor Crist closed the public hearing at 7:36 pm.
7. Public Hearing (2nd): For City Council to hear public comment
regarding annexation of the following tract: an approximately 162.12
acre tract of land located in the F T Daffau Survey, Abstract A0288 and
an approximately 64.5 acre tract of land located in the John Ellett
Survey, Abstract No. 0296 generally located immediately north of the
Falls and Creekside subdivisions on both sides of County Road 370.
(Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council. Mayor Crist opened the public hearing at 7:37 pm. There was no
public comment. Mayor Crist closed the public hearing at 7437 pm.
8. (a) Public Hearing (2nd): For City Council to hear public comment
regarding the need to continue in effect current curfew for minors
Ordinance No. 2W2005. (Chief Jenks)
Police Chief Kenny Jenlcs presented the item to council and answered
questions. Mayor Crist opened the public hearing at 7:37 pm. There was no
public comment. Mayor Crist closed the public hearing at 7638 pm.
(b) Consider/Discuss/Action approving a resolution regarding the need to
continue in effect current curfew for minors Ordinance 208-2005. (Chief
Jenks)
Council Member Barnes made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
12-16-14 CC Regular Meeting Minutes.doc 2 12-16-14
9. Consider/Discuss/Action regarding a resolution approving West
Crossing, Phase 5 Final Plat. (Maurice Schwanke)
City Manager, Philip Sanders requested council go into closed session.
Council Member Bryan made the motion to enter closed session at 7*40 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
Mayor Crist made the motion to return to open session at 7:41 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
Mayor Crist recused himself from this item. Maurice Schwanke Director of
Planning and Development presented the item to council. Council Member
Cools made the motion to approve. Council Member Bryan seconded the
motion. Motion passes.
AYE 4
Mayor Crist returned to the meeting.
10. Consider/Discuss/Action regarding a Resolution approving an Interlocal
Agreement with Collin County for the construction of Ferguson Parkway.
(City Manager)
Philip Sanders, City Manager presented the item to council and answered
questions. Council Member Barnes made the motion to approve. Council
Member Bryan seconded the motion. Motion passes.
AYE 5
11. Consider/Discuss/Action regarding a resolution approving an Economic
Development Agreement with Bloomfield Homes. L.P., for the
construction of Ferguson Parkway. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Barnes made the motion to approve. Council
Member Bryan seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
12-16-14 CC Regular Meeting Minutes.doc 3 12-16-14
12. Consider/Discuss/Action regarding a resolution approving a Subdivision
Improvement Agreement for Lakeview Estates, Phase 1. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Barnes made the motion to approve. Mayor Crist
seconded the motion. Motion passes.
AYE 5
13. Consider/Discuss/Action regarding a resolution approving a final plat of
Lakeview Estates, Phase 1. (Maurice Schwanke)
Maurice Schwanke Director of Planning and Development presented the item
to council and answered questions. Council Member Barnes made the motion
to approve. Council Member Bryan seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
14. Consider/Discuss/Action regarding a resolution approving a construction
contract for the Slayter Creek Wastewater Treatment Plant Influent Lift
Station. (Joseph Johnson)
City Manager Philip Sanders presented the item to council and answered
questions. Joseph Johnson Director of Public Works answered questions from
council. Mayor Crist made the motion to approve the resolution with the not
to exceed $ 500,000.00. Council Member Bryan seconded the motion. Motion
passes.
AYE 5
NAY 0
15. Consider/Discuss/Action regarding appointments to the Planning and
Zoning Commission. (City Council)
Mayor Crist presented the item to council. Council interviewed Lorenzo
Gonzalez, Brent Bordelon and Don Callahan. Council Member Barnes made
the motion to appoint Don Callahan to Place 2. Mayor Crist seconded the
motion. Motion passes. Don Callahan is appointed to Place 2.
AYE 5 NAY 0 ABSTAIN 0
Council Member Bryan made the motion to nominate Lorenzo Gonzalez to
Place 3. Council Member Dowd seconded the motion. Mayor Crist made the
motion to appoint Brent Bordelon to place 3. Council Member Barnes
seconded the motion. Council voted on Lorenzo Gonzalez first. Motion
passes. Lorenzo Gonzalez is appointed to Place 3.
AYE 3
NAY 2 (CM Barnes and Mayor Crist) ABSTAIN 0
12-16-14 CC Regular Meeting Minutes.doc 4 12-16-14
16. Consider/Discuss/Action regarding a resolution casting a ballot for the
election of eight members to the TCAP Board of Directors. (City
Manager)
City Manager Philip Sanders presented the item to council and answered
questions. Council Member Barnes made the motion to cast the ballot for
Gerald Joubert, David Barber, Clifford Howard, Gabriel Gonzalez, Teclo
Garcia, Jonathan Phillips, Greg Vick and Martin Garza. Mayor Crist seconded
the motion. Motion passes.
AYE 5
NAY 0
Council Member Bryan made the motion to return to closed session at 8:19
pm. Council Member Dowd seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
17. 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 right-of-
way, easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
dA scuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
55& 1.0g7); proposed residential and retail developments;
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
Council Member Dowd made the motion to return to open session at 8:52 pm.
Council Member Barnes seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
12-16-14 CC Regular Meeting Minutes.doc 5 12-16-14
18. Adjourn.
Council Member Barnes made the motion to adjourn at 8:52 pm. Mayor Crist
seconded the motion. Motion passes.
AYE 5
ATTEST:
NAY 0
Natha Willcison, City Secretary
APPROVED:
Mike Crist, Mayor
12-16-14 CC Regular Meeting Minutes.doc 6 12-16-14
CITY OF ANNA, TEXAS
Item No. 5 c
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT: Presentation of Quarterly Investment Report
January 13, 2015
Clayton Fulton
Yes
SUMMARY:
In accordance with the Public Funds Investment Act, the City of required to submit a
quarterly report on the investment of all Public Funds held by the City.
The attached report has been developed with our investment advisors, Valley View
Consulting, I.I.C. The report includes the following:
• Review of economic conditions
• Review of the City's holdings
• Comparison of book vs. market value
• Allocation information
• Other information related to the PFIA
STAFF RECOMMENDATION:
None, no action is required
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CITY OF ANNA, TEXAS
Item No. 5U�
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
AGENDA SUBJECT: Approve resolution regarding "Mudpies and Lullabies" site plan.
SUMMARY: The Mudpies and Lullabies daycare center is located at 817 S. Interurban.
The proposed site plan submitted contemplates adding a 2,200 sq. ft. facility on the
property to be used as a gym. The daycare center owned by Danielle Chapa has been in
operation for approximately three years. The site plan has been reviewed by City Staff,
The Planning and Zoning recommended approval of the site plan at their meeting
January 5, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Approval of site plan
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MUDPIES AND LULLABIES" SITE
PLAN" LOCATED IN ANNA'S CITY LIMITS GENERALLY LOCATED AT 817 SOUTH INTERURBAN AND IS
SUBJECT TO THE ZONING REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the
City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City
Code of Ordinances ("Zoning Regulations"), and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Site Plan
The City Council of the City of Anna, Texas hereby approves the Mudpies and Lullabies site plan.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day of January,
2015.
ATTEST:
Natha Wilkison, City Secretary
1
APPROVED:
Mayor, Mike Crist
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CITY OF ANNA,TEXAS
Item No. S�e�
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
FYhihitc
January 13, 2015
Maurice Schwanke
Yes
AGENDA SUBJECT: Approve a resolution regarding "Rigby" development plat.
SUMMARY: The Rigby Development Plat located in the Anna's Extraterritorial
Jurisdiction is located north and adjacent to Farm to Market Highway 2862, South of
County Road 427 where County Road 478 dead ends into County Road 427. This
Development Plat is part of a previous Development Plat named the Wiginton
Development Plat. Future thoroughfares affect this property and the appropriate right-
of-way reservations have been accounted for.
The Planning and Zoning recommended approval of the development plat at their
meeting January 5, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Approval of development plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "HIGBY" DEVELOPMENT PLAT"
GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED NORTH AND
ADJACENT TO FARM MARKET HIGHWAY 2862, SOUTH OF COUNTY ROAD 427 WHERE COUNTY
ROAD 478 DEAD ENDS INTO COUNTY ROAD 427 AND IS SUBJECT TO THE SUBDIVISION RULES AND
REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part IlkA of the Anna City Code of Ordinances ("Subdivision Regulations"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat
The City Council hereby approves the Higby development plat
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day of January,
2015.
ATTEST:
Natha Wilkison, City Secretary
I_l• • Z�I�I�Ii
Mayor, Mike Crist
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CITY OF ANNA, TEXAS
Item No. 5 f
City Secretary's use only
City Council Agenda
Staff Report
Date: January 13, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT: Approve a resolution regarding "Burnco Texas LLC" development
plat.
SUMMARY: The development plat submitted for your review is located within the
extraterritorial jurisdiction of the City. The tract is in the Hiram Brinlee Survey and
contains approximately 26.20 acres of land. The property is located north of Foster
Crossing Blvd and east of County Road 419. The land is currently used for agricultural
purposes; however, the owner(s) are proposing to build a concrete batch plant. It
should be noted that a proposed thoroughfare generally following County Road 419 has
been shown in accordance with the City's Comprehensive Plan. This parcel is also part
of a proposed annexation that the City Council will be hearing the first public hearing on
January 13tn
The Planning and Zoning recommended approval of the development plat at their
meeting January 5, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Approval of development plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "BURNCO TEXAS LLC"
DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED
NORTH OF FOSTER CROSSING BLVD AND EAST OF COUNTY ROAD 419 AND IS SUBJECT TO THE
SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat
The City Council hereby approves the Burnco Texas LLC development plat
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of January,
2015.
ATTEST:
Natha Will<ison, City Secretary
1
APPROVED:
Mayor, Mike Crist
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CITY OF AN NA, TEXAS
Item No. 5 jgI
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
AGENDA SUBJECT: Approve a resolution regarding "3 Plex Offices" site plan.
SUMMARY: The proposed site plan contemplates the construction of a one story three
suite office building. The property is located at 403 N Powell Pkwy on the same platted
lot as Joe's Italian Bistro. The staff is recommending approval of the site plan with the
understanding that the owners will need to address potential drainage issues on -site as
well as off -site due to the increase in impermeable surfaces and the relative flatness of
adjacent properties in the Downtown area. Prior to the issuance of a building permit
the sealed civil construction plans prepared by a licensed Engineer and building plans
will need to be approved.
The Planning and Zoning recommended approval of the site plan with the above
stipulations at their meeting January 5, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Approval of site plan
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "3 PLEX OFFICES" SITE PLAN"
LOCATED IN ANNA'S CITY LIMITS GENERALLY LOCATED AT 403 N POWELL PKWY AND IS SUBJECT TO
THE ZONING REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the
City Council of the City of Anna, Texas (the "City Council") has adopted Part llkC of the Anna City
Code of Ordinances ("Zoning Regulations"), and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Site Plan
The City Council of the City of Anna, Texas hereby approves the 3 Plex site plan with the condition
that full civil plans addressing drainage, utilities and paving shall be sealed by a Licensed Engineer
and approved prior to construction.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of January,
M15.
ATTEST:
Natha Wilkison, City Secretary
1
APPROVED:
Mayor, Mike Crist
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CITY OF ANNA, TEXAS
Item No. SUn�
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
AGENDA SUBJECT: Approve a resolution regarding "Johnson Addition" final plat.
SUMMARY: The Johnson Addition final plat is on land located at the Northwest Corner
of Third Street with Easton Street. The property has never been platted and contains
1.252 acres of land that is zoned as "SF-1". The proposed use on the tract is for a
residential structure. An older house is on the site and is being remodeled at this time.
The Planning and Zoning recommended approval of the development plat at their
meeting January 5, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Approval of final plat.
CITY OF ANNA, TEXAS
f;���1�1)fi [�1►LL�JlI
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "JOHNSON ADDITION" FINAL PLAT"
GENERALLY LOCATED AT THE NORTHWEST CORNER OF THIRD STREET WITH EASTON STREET AND IS
SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Final Plat
The City Council hereby approves the Johnson Addition final plat.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of January,
2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
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CITY OF AN NA, TEXAS
Item No. 5 i
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
AGENDA SUBJECT: Approve a resolution regarding "Anna Crossing PH 1A" final plat.
SUMMARY: This version of Anna Crossing PH1A adds 4 lots along Warner Drive west of
Matson Drive. The lots were formerly part of an open space tract. No new streets or
infrastructure will be required by this plat
The Planning and Zoning recommended approval of the final plat at their meeting
January 5, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Approval of final plat.
CAI i LWJiiI 1►1►/ M1ff:Ie��?
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS OFFERING CONDITIONAL APPROVAL OF A FINAL PLAT
OF ANNA CROSSING, PHASE 1A.
WHEREAS, in order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and; and
WHEREAS, Anna Crossing Phase 1A, LTD., Anna Crossing AMC, LTD., and Anna Town Center
No.1/BRGT, LTD. ( collectively, "Owner") has requested that the City Council approve a final plat of
the subdivision known as Anna Crossing Phase 1A;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Conditional Approval of Final Plat.
The City Council of the City of Anna, Texas hereby approves the final plat of Anna Crossing Phase 1A,
attached hereto as Exhibit 1, subject to the following terms and conditions.
1. Owner shall complete and receive City approval of the construction plans for all off -site
utilities and infrastructure that are required to serve the subdivision within thirty (30)
days of the approval date of this Resolution. Approval of this final plat shall be void if
said construction plans are not approved by the City Manager within thirty (30) days of
the approval date of this Resolution.
2. Owner shall not commence construction of off -site public utilities and infrastructure
required to serve the property until the easements upon which said utilities and
infrastructure are located have been properly dedicated.
3. Owner shall comply with all applicable requirements outlined in the Subdivision
Improvement Agreement (as amended), attached hereto as Exhibit 2.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13th day of
January, 2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
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CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Report
Item No. S.W
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
Chief Jenks
Audit Report Seizure
Account
Presentation of the Anna Police Department 2014 Racial Profiling
SUMMARY:
By law, each year police departments in Texas have to post a report concerning the
racial makeup of persons that are detained by official police action that resulted in
either an arrest or citation. That report must also be presented to the governing body
of the City.
There is no indication in an analysis of the numbers that members of the Anna Police
Department are stopping people based on race.
The report was uploaded to the Texas Commission on Law Enforcement (TCOLE)
website as required by law:
http://www.tcleose.texas.�ov/racial profile pdfs/085204 2014Report.pdf
A copy of this report is attached for your convenience.
STAFF RECOMMENDATION:
Not an action item; the report is presented to you for your information only.
CONFIDENTIAL 1/1/2014 - 12j3112014
Racial Profile Tier 1 HE 3389
PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the
TCLEOSE website. Please contact TCLEOSE for instructions on how to resolve these issues for 2012. This report
only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops
resulting in a warning with an arrest and field interviews that resulted in an arrest.
Number of Motor Vehicle Stops
822 Citations only
7 Arrest only
57 Citations and Arrests
4. 886 Total
Race or Ethnicity
86 African
12 Asian
612 Caucasian
168 Hispanic
3 Middle Eastern
5 Native American
0 Other
0 Unknown
11. 886 Total
Race or Ethnicity known prior to stop?
90 Yes
796 No
14. 886 Total
Search conducted?
86 Yes
800 No
17. 886 Total
Was search consented?
16 Yes
70 No
20. 86 Total
Report Created: 1/2/2015 8:10:03 AM 1 Of 1
Powered by: `D bi'OZOS
Racial Profile Tier 1 HE 3389
PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the
TCLEOSE website. Please contact TCLEOSE for instructions on how to resolve these issues for 2012. This report
only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops
resulting in a warning with an arrest and field interviews that resulted in an arrest.
Number of Motor Vehicle Stops
822 Citations only
7 Arrest only
57 Citations and Arrests
4. 886 Total
Race or Ethnicity
86 African
12 Asian
612 Caucasian
168 Hispanic
3 Middle Eastern
5 Native American
0 Other
0 Unknown
11. 886 Total
Race or Ethnicity known prior to stop?
90 Yes
796 No
14. 886 Total
Search conducted?
86 Yes
800 No
17. 886 Total
Was search consented?
16 Yes
70 No
20. 86 Total
Report Created: 1/2/2015 8:10:03 AM 1 Of 1
Powered by: `D bi'OZOS
Report Created: 1/2/2015 8:10:03 AM 1 Of 1
Powered by: `D bi'OZOS
CITY OF ANNA, TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT: Consider/Discuss/Action regarding
Development Agreement with QJR Partnership LTD.
Yes
January 13, 2015
Maurice Schwanke
a resolution approving a
SUMMARY: The City has negotiated a Development Agreement with QJR Partnership
LTD regarding the future development and eventual annexation property located in the
City's extra -territorial jurisdiction. The attached agreement would guarantee the
continuation of the extraterritorial status of the property for three (3) years.
STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
CITY OF ANNA, TEXAS
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND QJR PARTNERSHIP LTD, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and QJR Partnership LTD (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn
day of January 2015.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local
Govermnent Code by and between the City of Anna, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County,
Texas, commonly described as a 162.12 acre tract of land located in the F.T. Daffau Survey,
Abstract No. 0288, and a 64.5 acre tract of land located in the John Ellett Survey, Abstract No.
0296;, and as shown in the attached Exhibit "A"* and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreements and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City
and the Owner and their respective successors and assigns for the term (defined below) of this
Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records of
Collin County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the exhaterritorial status of the Owner's
Property, its immunity fiom annexation by the City, and its immunity fiom City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to
the provisions of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, without the prior written consent of the City.
The Owner covenants and agrees that the Owner will not file any type of subdivision plat or
related development document for the Property with Collin County or the City until the Property
has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on
the Property that would requixe a building permit if the Property were in the city limits, until the
Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees
that the City's SF-E—Single Family Residential — Large Lot District zoning requirements apply
to the Property, and that the Property shall be used only for SF-E—Single Family Residential —
Large Lot District zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this Agreement in
order for the Agreement to take full effect, and the Owner who signs this Agreement covenants
and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any
and all legal claims, by any person claiming an ownership interest in the Property who has not
signed the Agreement, arising in any way from the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
13,052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The
Owner further agrees that the Owner will not in any manner contest any annexation of the
Property initiated by the City under this Section or any annexation of the Property completed by
the City after the Term of this Agreement.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enfoxce all of the City`s regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is three years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any
application, plan, plat or construction any of the owners may submit or initiate during the time
between the expiration of this Agreement and the institution of annexation proceedings by the
City.
Section 6. Property amiexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by the City
Council pursuant to the City's Code of Ordinances, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's Code of
Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee,
and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and
the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Anna
Attn: City Manager
111 N. Powell Parkway
Anna, Texas 75409
Section 8. This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
Section 9. If a court of competent jurisdiction dete�rnines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in fall force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law
or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this
Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any way to
this Agreement shall be in Collin County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day of
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
2014.
This instrument was acknowledged before me on the _day of , 2014, by Philip Sanders,
City Manager, City of Anna, Texas.
Notary Public, State of Texas
THE STATE OF TEXAS }
This inshument was acknowledged before me on the �� day
►` pQ l/. nW tf 1 t!4 , Owner 1.
Printed Name: � ����1 �
THE STATE O TEXAS }
COUNTY OF }
T is instrument was acknowledged before me on th�day
i,s� ie� l'1�1:3� ,Owner 2.
JONI L. NARLOW
Notary pubtfc
:State of Texas
Lamm, Expires 11.2i-201Q
2014,
by
by
Notary Public, State of Texas
THE STATE O TEX�1.S }
COUNTY OF nl E )
This instrument was acknowledged before me on the [day
as� M , vs , Owner 3.
THE STATE OF TUXAS }
COUNTUlf`(}
of (QC, 2014,
MgRIAM ��ffE��6E -_
Notary Public
State of Texas
Comm. Expires 07*09.2016
by
�s '�shu2ne s c o� ledged before me on the,` day of p jce.� 2014 by
Owner 4.
Notary Public; State of Texas
�'�1��j ANtTA81CKEN8ACH
MY COMMISSION EXPIRES
May 10, 2016,
?,xilliN
Exhibit A
Situated in Collin County, Texas and being part of the F.T Daffau Survey, Abstract No.
288 and the J. Ellett Survey, Abstract No. 296 and being more particularly described as
follows:
BEGINNING at the northeast corner of the Falls Phase 2 Subdivision as recorded in
instrument number 2004-0131577 Pg. 870 of the P. R.C.C.T;
THENCE north 88 degrees 59 minutes 32 seconds west a distance of 642.62 feet to a
point for corner;
THENCE north 89 degrees 18 minutes 08 seconds west a distance of 728.57 feefi to a
point for corner;
THENCE north 89 degrees 43 minutes 16 seconds west a distance of 491.90 feet to a
point for corner;
THENCE north 00 degrees 21 minutes 47 seconds east a distance of 261.49 feet to a
point for corner;
THENCE north 00 degrees 44 minutes 50 seconds east a distance of 1,115.83 feet to a
point for corner;
THENCE north 00 degrees 35 minutes 15 seconds east a distance of 309.20 feet to a
point for corner;
THENCE north 00 degrees 22 minutes 15 seconds east a distance of 368.00 feet to a
point for corner;
THENCE north 00 degrees 28 minutes 15 seconds east a distance of 596.23 feet to a
point for corner;
THENCE north 89 degrees 02 minutes 46 seconds west a distance of 292.06 feet to a
point for corner;
THENCE north 00 degrees 42 minutes 03 seconds east a distance of 975.02 feet to a
point for corner;
THENCE south 89 degrees 53 minutes 35 seconds east a distance of 3,010.54 feet to a
point for corner;
THENCE south 00 degrees 49 minutes 38 seconds west a distance of 1,025.50 feet to a
point for corner;
THENCE north 88 degrees 55 minutes 12 seconds west a distance of 50.41 feet to a
point for corner;
THENCE south 00 degrees 33 minutes 39 seconds west a distance of 2,640.06 feet to a
point for corner,
THENCE north 88 degrees 47 minutes 15 seconds west a distance of 803.29 feet to the
PLACE OF BEGINNING and containing 230.67 acres of land more or less.
QJR LEGAL DESCRIPTION
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CITY OF ANNA, TEXAS
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
AGENDA SUBJECT: Consider/Discuss/Action regarding an ordinance approving the
annexation of a 24 acre tract of land located in the J C Brantley Survey, Abstract A0114.
SUMMARY: This tract being requested for annexation is within the City of Anna
extraterritorial jurisdiction. This is a voluntary request with the owner being Spring
Lakes Joint Venture. The tract is in the J. C. Brantley Survey, Abstract A0114 and is
approximately 23.190 acres of land more or less. The tract is adjacent to the Current
City Limits and is located south of County Road 376 and east of County Road 427.
The City has held its required public hearings on this proposed annexation.
STAFF RECOMMENDATION: Approval of Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE
HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE
CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN
THE J C BRANTLEY SURVEY, ABSTRACT NUMBER A0114, COUNTY OF COLLIN,
STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A
SERVICE PLAN; REQUIRING THE FILING OF THIS ORDINANCE WITH THE
COLLIN COUNTY CLERK, PROVIDING A CUMULATIVE REPEALER CLAUSE,
PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, certain property owners have
property annexed to the City of Anna; and
petitioned the City of Anna to have their
WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality located in Collin
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of
Texas and the City 's Home -Rule Charter; and
WHEREAS, the City desires to annex into its corporate limits the hereinafter described
territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to
wit: being a certain area of land situated in the J C Brantley Survey, Abstract Number
A0114, County of Collin, State of Texas and more particularly described in the attached
Exhibit A, which is incorporated herein for all purposes; and
WHEREAS, all statutory notice requirements relating to the annexation of the Territory
pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it would be advantageous and beneficial to the City, its citizens, and the inhabitants
of the Territory, to annex the Territory to the City; and
WHEREAS, the City Council has determined that the Territory is adjacent to and
adjoins the City; and
WHEREAS, the City Council has investigated, determined and officially finds that no
part of the Territory is within the extraterritorial jurisdiction of any other incorporated city
or town; and
WHEREAS, to the extent that this ordinance would cause an unincorporated area to be
entirely surrounded by the City's corporate limits, the City Council has found —and
incorporates herein its finding —that surrounding the area is in the public interest; and
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 3
WHEREAS, all procedures and proceedings related to this ordinance and to the
annexation of the Territory have been undertaken and acted upon in accordance with
the Texas Open Meetings Act, as applicable; and
WHEREAS, after hearing the arguments for and any arguments against the annexation
of the Territory, the City Council finds that the Territory should be annexed;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into
this ordinance as if set forth in full here for all purposes.
Section 2. Territory Annexed.
(a) The Territory, described in Exhibit A attached hereto, which is hereby made an
integral part of this ordinance, lying adjacent to and adjoining the present corporate
boundaries of the City, is hereby added and annexed into the City, and the Territory
shall hereafter be included within the corporate boundary limits of the City, and the
present boundary limits of the City are altered and amended so as to include the
Territory within the corporate limits of the City.
(b) From and after the passage of this ordinance, the Territory shall be a part of the
City, the inhabitants thereof shall be entitled to all of the rights, privileges and
immunities as all other similarly situated citizens of the City, and shall be bound by all of
the ordinances and regulations enacted pursuant to and in conformity with the general
laws of the State of Texas.
Section 3. Official City Map Amended.
(a) The official map and boundaries of the City's corporate limits are hereby amended
so as to include the Territory.
(b) The City Manager is hereby directed and authorized to perform or cause to be
performed all acts necessary to update the official map of the City to add the Territory
hereby annexed as required by law, but any delay in or failure to update such map shall
in no way impact or affect the validity of this ordinance or this annexation.
Section 4. Filing of Ordinance.
to be filed a certified copy of this
County, Texas, and any other
The City Secretary is hereby directed to file or cause
ordinance in the office of the County Clerk of Collin
n
Section 5. Cumulative Repealer.
be cumulative of all other
such ordinances except for
provisions of this ordinance.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 3
Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that
are inconsistent with this ordinance are hereby repealed to the extent that they are
inconsistent with this ordinance.
Section 6. Severability0 If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of the Ordinance, and the City Council
hereby declares it would have passed such remaining portions of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 7. Engrossment and Enrollment. The City Secretary of the City of Anna is
hereby directed to engross and enroll this ordinance by copying the Caption in the
minutes of the City Council of the City of Anna and by filing this ordinance in the
ordinance records of the City.
Section 8. Effective Date. This ordinance shall be in full force and effect from and after
its date of passage.
PASSED by the City Council of the City of Anna, Texas, this 13t" day of January, 2015,
by the following vote of the members of the City Council as present:
AYES
NAYS
ABSTAIN
ATTEST:
City Secretary, Natha Wilkison Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 3
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a parcel of land located in Collin County, Texas, a part of the Josiah C. Brantley Survey,
Abstract No. 114, and being part of a called 25.024 acre tract of land described in a general
warranty deed to O. P. Leonard, Jr. Investment Company, Ltd and Nancy Alice Leonard
Investment Company, Ltd., as recorded in Volume 4942, Page 511, Collin County Deed Records,
and being further described as follows:
BEGINNING at a one-half inch iron rod found at the southwest comer of said 25.024 acre tract
A land, said point being the southeast corner of a called 57.48 acre tract of land described in a
special warranty deed to Anna 190, LLC, as recorded in Document No. 20140422000386740,
Collin County Deed Records, said point being the northeast corner of a called 48.004 acre tract of
land described in a general warranty deed with vendor's lien to Anna Economic Development
Corporation, as recorded in Volume 5813, Page 2769, Collin County Deed Records, and being
located southwest of the existing pavement of County Road No. 427;
THENCE North 01 degrees 46 minutes 15 seconds East, 814.16 feet along the west line of said
15.024 acre tract of land, along the east line of said 57.48 acre tract of land and along County
Road No. 427 to a one-half inch iron rod set at the southwest comer of a called 1.605 acre tract
of land described in a right -of --way deed to the County of Collin, as recorded in Document No.
20060816001171050, Collin County Deed Records,
THENCE South 88 degrees 16 minutes 02 seconds East, 1132.42 feet along the south line of said
1.605 acre tract of land to a one-half inch iron rod set at the southeast corner of said 1.605 acre
tract of land, said point being in the east line of said 25.024 acre tract of land, and said point
being in the west line of a called 8.623 acre tract of land described in a warranty deed to
Kathyene Rae Boring, as recorded in Volume 4716, Page 2511, Collin County Deed Records;
THENCE South A degrees 47 minutes 40 seconds West, 792.52 feet along the east line of said
25.024 acre tract of land to a one-half inch iron rod found at the southeast corner of said 25.024
acre tract of land, said point being at an interior ell corner of a called 25.00 acre tract of land
described in a deed to Kenneth W. O'Neal, as recorded in Volume 2874, Page 62, Collin County
Deed Records;
THENCE North 89 degrees 40 minutes 56 seconds West, 427.61 feet along the south line of said
25.024 acre tract of land and along the north line of said 25.00 acre tract of land to a one-half
inch iron rod found in concrete for corner,
0
THENCE South 36 degrees OI minutes 14 seconds West, 369.80 feet along the south line of said
25.024 acre tract of land to a one-half inch iron rod found for corner, said point being the
southeast comer of said 48.004 acre tract of land and said point being within the existing
pavement of County Road No. 427;
THENCE North 57 degrees 3S minutes 14 seconds West, 577.08 feet along the south Tine of said
25.024 acre tract of land and along the northeast line of said 48.004 acre tract of land to the
POINT OF BEGINNING and containing 1,017,430 square feet or 23.357 acres of land.
EXHIBIT B
ANNEXATION SERVICE PLAN
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or waste water facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the main water
transmission and wastewater collection lines. All water and wastewater service lines
(up to and including the service line connection with the City's main line, shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time -to -time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of ""Cl, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such
areas upon annexation to the same extent and degree that it maintains public parks,
public playgrounds, public swimming pools, other public facilities buildings or services
and other similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full -purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
Page 3 of 4
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this contract so as to provide this
newly annexed area with the same type, kind and quality of service presently enjoyed
by the citizens of the City of Anna, Texas who reside in areas of similar topography,
land use and population density.
=:1J
This Service Plan shall be valid for a term of ten (10) years. Renewal of the
Service Plan shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
focal Government Code, Section 43.056.
Page 4 of 4
pa
i
APrU01I ION/PETITION FOR ANNEXA T ),OW
Include with Application: Legal Description of Property with surveyor's stamp
Map Showing location of property
Annfiration Fee: 100
To the Mayor and Governing i?sody o, the City o-ir Anna, Texas
undersigned, being owners) of property that is within the existing extraterritorial
jurisdiction of the City of Anna, Texas, hereby petition your honorable body to extend the
present city limits so as to include the territory more fully described in Exhibit A, attached hereto
and incorporated herein for all intents and purposes. I (we) am (are) the owner(s) and/or
legally represent the owner(s) of the property described in Exhibit A, on which less than three
qualified voters reside.
(We) certify that this Petition is signed and acknowledged by each and every corporation and
person owning the described land or having an interest in any part thereof.
The undersigned represents) that he (they) and all other owners desire to be annexed to and
made part of the City of Anna, Texas, subject to all laws, rules, and regulations of said city.
Printed Name Prod, C��,rz� 1 �a fw.s ccc
Signature
Printed /Dame
Name of Property and /ocation.
STATE OF TEXASJ
This instrument was acknowledged before me by
On the LJJL=
Notary Public in and for the State of Texas
My Commission Expires:
Date
Date
c Ctt"SAa, F,� ,'—
�k� 07-1 Sw2016
CITY OF ANNA, TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
Maurice Schwanke
Yes
AGENDA SUBJECT: (a) Public Hearing: For the City Council to hear public comment
regarding the proposed zoning of a 24 acre tract of land located in the J C Brantley
Survey, Abstract A0114. (Maurice Schwanke)
(b) Consider/Discuss/Action regarding an ordinance approving the zoning of a 24 acre
tract of land located in the J C Brantley Survey, Abstract A0114. (Maurice Schwanke)
SUMMARY: The owners) requests a Planned Development District zoning including
Single Family Residence (SFR) with a minimum lot size of 7,200 square feet. The
property is located south of County Road 376 and east of County Road 427 and is
approximately 23.190 acres of land more or less. This tract is being requested for
voluntary annexation and is within the City of Anna extraterritorial jurisdiction and
therefore is not zoned.
This application is consistent with the existing zoning to the west with the exception of
the mum lot width of 60 feet and the minimum lot depth of 120 feet. The staff
does not have a problem with the minimum lot depth being 100 feet or a smaller lot
width in conjunction with a cul-de-sac. Where streets are straight or part of the required
curvilinear requirement the recommendation would be to have a minimum of 60' in
width. The recent zoning approved on the "EDC" property also had a minimum average
lot size requirement of 8,400 square feet.
The Planning and Zoning recommended approval of the approval of the zoning request
with the 60 foot wide lots and the 8,400 average lot size requirements at their meeting
December 1, 2014 meeting. The vote was unanimous. The attached ordinance reflects
the above changes.
STAFF RECOMMENDATION: Approval of ordinance
Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
CITY OF ANNA
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Tuesday, January
13th, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Plcwy (Hwy 5) Anna, Texas, to hear public comment regarding
amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning
Ordinance. The public hearing will respectively concern the City Council's consideration of an
ordinance described as follows:
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF. The property is currently being considered for annexation and is
therefore not zoned. The owner(s) requests a Planned Development District zoning including
Single Family Residence (SFR) with a minimum lot size of 7200 square feet. The property is
located south of County Road 376 and east of County Road 427
Copies of the rezoning request, including a map of the property generally described above, are
available for review during regular office hours at the office of the City Secretary, Anna City
Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes
are welcomed and will be accepted until the time of the public hearings and may be presented at
the hearings. Speakers at the hearings will be heard according to their order on a listing to be
established for such purpose by the City Secretary.
(Property rezoned under this ordinance is generally located east of County Road 427. and south of
County Road 376)
CITY OF ANNA, TEXAS
C�7717 i►/�►`[N 5i►[�a
AN ORDINANCE OF THE CITY OF
COMPREHENSIVE PLAN, ZONING MAP,
ANNA, TEXAS AMENDING THE CITY'S
AND ZONING ORDINANCE AND CHANGING
THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations
governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located east of County Road 427 and south of County Road Number
376 is being rezoned from Agriculture District (AG) zoning to Planned Development (PD) Single Family
Residential zoning,
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna
("City Council") have given the requisite notices by publication and otherwise and have held the public
hearings as required by law and afforded a full and fair hearing to all property owners and generally to all
persons interested in and situated in the affected area and in the vicinity thereof, the City Council has
concluded that the Zoning Ordinance of the City should be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Zoning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and codified as
Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the
Property described in Exhibit A from Agriculture District (AG) to Planned Development (PD) zoning.
The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to
those permitted in the Single Family Residence District (SF-72) Development Standards or more
restrictive as set forth below and all unspecified regulations shall conform to the standards set forth in the
City's Zoning Ordinance as it currently exists or may be amended).
1
1. PLANNED DEVELOPMENT — PD-72 Residential:
1.1 General Description: The Property identified on the attached Exhibit "A" is intended to
accommodate residential and neighborhood convenience development in the City of Anna.
The residential uses for the land identified on the Concept Plan shall be developed in
accordance with the "SF-72 — Single Family District" regulations of the City of Anna Zoning
Ordinance as presently exist or as they may be amended.
1.2 PD-72 Development Standards:
a. Building; and Area Requirements: The following development standards shall pertain to
residential uses, as outlined above, developed within the PD-72 areas:
i. Minimum Floor Area —The minimum floor area per dwelling unit shall be one
thousand eight hundred (1,800) square feet.
ii. Lot Area — The minimum area of any lot shall be seventy-two hundred (7,200)
square feet.
iii Overall Average Lot Area —The overall lot area average for the residential lots
within the Property as defined on Exhibit "A" shall be a minimum of eighty-four
hundred (8,400) feet.
iv. Lot Coverage — In no case shall more than sixty (60) percent of the total lot area be
covered by the combined area of the main buildings and accessory buildings.
Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall
not be included in determining maximum lot coverage.
v. Lot Width —The minimum width of any lot shall be sixty (60) feet measured at the
front building line, except for lots at the terminus of a cul-de-sac, on a corner or
along a curve may have a width of forty-five (45) feet at the front building line;
provided all other requirements of this section are fulfilled.
vi. Lot Depth —The minimum depth of any lot shall be one hundred (100) feet, except
for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a
minimum lot depth, measured at mid -points on front and rear lot lines, of ninety
(90) feet; provided all other requirements of this section are fulfilled.
vii. Front Yard —The minimum depth of the front yard shall be twenty-five (25) feet.
Covered drives (no carports), garages and poste-cocheres that are architecturally
designed as an integral element of the main structure may extend up to five (5) feet
from the established front building line into the front yard area.
viii. Side Yard —The minimum side yard shall be five (5) feet. The side yard adjacent to
a street shall be ten (10) feet.
ix. Rear Yard — The minimum depth of the rear yard shall be twenty-five k25) feet.
2.2 Conformance to all applicable articles %J the Anna Zoning Ordinance:
Except as amended herein, this PD shall conform to any and all applicable articles and
sections of the Anna Zoning Ordinance as it presently exist or may be amended.
2.3 General Compliance: Except as amended by this Ordinance, development of property
within this PD must comply with the requirements of all ordinances, rules and regulations
of the City of Anna as they exist or may be amended.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence,
paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or
otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or
provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance
become effective that are consistent and do not conflict with the terms and provisions of this ordinance
are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of
ordinances in force when the provisions of this ordinance become effective that are inconsistent or in
conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of
any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an
amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a
separate offense and will be punished separately.
3
Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and
posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 13th day of January 2015.
ATTESTED:
Natha Wilkison, City Secretary
APPROVED:
Milce Crist, Mayor
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CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
AGENDA SUBJECT: Public Hearing: (15t) For the City Council to hear public comment
regarding the annexation of the following tract: a tract of land in the Hiram Brinlee
Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on both sides of
County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of
land more or less.
SUMMARY:
This proposed involuntary annexation involves approximately 64.1 acres of land located
north of Foster Crossing Blvd. on both sides of County Road 419. The land is currently
used for agricultural purposes, A GCEC Electrical power substation, an industrial site
with large pipe and pole storage and construction staging uses, the area is adjacent to
the city limits on the west. Approximately 26.2 acres of the proposed annexation is
slated to become a concrete batch plant owned by Tricycle Lane Texas LLC. This owner
is also known as Burnco which has preparing a development Plat for their facility.
Traversing the site will be a major Collector Street in 120' of right-of-way that will need
to be reserved or dedicated.
STAFF RECOMMENDATION: Hold Public Hearing.
INSTRUCTIONS TO NEWSPAPER. Please publish this Public Hearing notice at the next
available date. Please bill the City of Anna.
FIRST PUBLIC HEARING
ANNEXATION OF TERRITORY
The City of Anna will hold a first public hearing on Tuesday, January 13th, at 7:30 p.m. at the
Community Room of the Anna City Hall Administration Building located at 111 North Powell
Parkway (Hwy 5) regarding annexation of the following tract:
A tract of land in the Guinn Morrison Survey, Abstract No. 559 and the Hiram Brinlee
Survey Abstract No. 30 generally located north of Foster Crossing Blvd. and is traversed
by County Road 419 and adjacent to the city limits, containing approximately 64.1 acres
of land. The annexation consists of 4 parcels of land.
Additional information regarding the annexation can be secured from the office of the Planning
and Development Department, City of Anna, by phone at 972-924-2616, by mail at P. O. Box
776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 3223 N. Powell Parkway,
Anna, TX 75409.
These public hearings are an opportunity for citizens of Anna to comment on the proposed
annexation. Persons unable to attend the hearings may submit their comments in writing to the
City Secretary, PO Box 776, Anna, TX 75409 or through personal deliver at the Ana City Hall
Administration Building, 111 N. Powell Parkway, Anna, TX, 75409.
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CITY OF AN NA, TEXAS
AGENDA SUBJECT:
Item No. I0
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Maurice Schwanke
Public Hearing: For City Council to hear public comment regarding the proposed
rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"
— single family residential.
SUMMARY:
This zoning submittal consists of approximately 368.2 total acres of land within the City
of Anna. The uses proposed for this Property follow the intent of the City of Anna
Comprehensive Plan. The proposal creates a master planned community featuring a
mixture of lot sizes that should encourage sustainable neighborhoods. The following
table summarizes the proposed lot sizes and densities:
LAND USE SUMMARY
USE
ACREAGE+/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
27.7%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
1930
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5 %
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
005%
ROW DEDICATION
51.3
13.9%
TOTAL
3681
654
1.76 GROSS
100.0%
This PD will replace the existing small lot entitlements with the smallest lot being 8,400
square feet. Also proposed in this PD are integrated parks and open spaces which will
help to preserve areas designated within the 100-year floodplain. A fire station location
is being planned for incorporation into the development as well as an amenity center.
The Planning and Zoning recommended approval of the zoning request at their
September 8, 2014. The vote was unanimous.
A public hearing was opened and continued at the City Council
STAFF RECOMMENDATION: Open and Continue Public Hearing.
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a frill and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
1
I. PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
1. The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
c. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
3. The Villages of Hurricane Creel< PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
11. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: Aline parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C4, NC, C-2, C-3 or 04
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
3
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot otherthan a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clei of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
0
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open,
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition, or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
5
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zonine Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular numbers the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 (70' x 120'1:
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
8,400 square feet
7
Lot Coverage. The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'1:
1. Purpose: The SF-8Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a 3F-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Parlc, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized
Anna Subdivision Regulations, no building permit or Floodplain
5. Height Regulations: No building shall exceed thirty-five feet (35').
in the City
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. ra, "r, ReSulatlUM>o Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-841W x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Parl<, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction Cl"d including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized
Anna Subdivision Regulations, no building permit or Floodplain
Permit shall be issued by the City for any parcel of land until a
Development Plat, as applicable — of the land has been recorded.
5.
6.
F
Hei6ht Regulations: No building shall exceed thirty-five feet (35').
in the City of
Development
Final Plat — or
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. SiF2ns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
13
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior:
Side Yard, Corner Lot,
Street Side:
lot Width:
5 feet minimum
15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parkinb Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
273%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
1930
49
2.49
12.0%
TOTALI
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creelc Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages may be front facing or J Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-2012, adopted 1012312012)
d� 7��/��il� �il�►���la��lq>A
Date Total Lots
2016 250
2017 300
2018 375
2019 450
2020 550
2021 654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
19
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING alt that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°OS'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 890521S511E, 465.63 feet;
THENCE N 8901513211E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89011100"E, 794.06 feet;
THENCE S 00010'57"W, 232.18 feet;
THENCE N 89056'12"E, 1184.36 feet;
THENCE S 01006'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°4202W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41"1
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°05'44"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'S2",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
22
EXHIBIT "B"
CONCEPT PLAN
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CITY OF ANNA, TEXAS
Item No. 11
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
City Manager
AGENDA SUBJECT:
Public Hearing: For City Council to hear public comment regarding the creation of a
Public Improvement District for the Villages of Hurricane Creek.
SUMMARY:
The City received a petition signed by the owners of an undeveloped tract commonly
referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally
located in the city limits north of FM 455, west of Interstate Highway 75, and east of
Anna's western city limits (the "Property"). The Petition requests that the City create a
public improvement district ("PID") over the Property. At its August 28, 2014 special
meeting the Council set a public hearing on the advisability of creating the PID.
A PID is a district that can be created by a municipality under Chapter 372 of the Texas
Local Government Code. The district includes a certain area of property for which public
improvements are needed. When a City creates a PID, bonds can be issued to help
finance public improvements that specifically benefit the district. The bonds generate
some of the initial capital required for the public infrastructure, including but not limited
to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space,
together with the design, construction and maintenance of any ancillary structures,
features or amenities such as trails, playgrounds, walkways, lighting and similar items
located in the development as well as similar off -site projects that provide a benefit to
the district.
If created, the PID would make assessments against the owners of the Property to pay
the debt service on the bonds. The assessments would initially be paid by the developer.
Once the property is developed the assessments would be paid by the individual lot
owners according to an assessment plan. The developer and the City's financial advisor
are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the
property as an additional means of financing public improvements.
City staff has been working with the developer as well as the City's financial advisor and
bond counsel in support of this development, which would be Anna's first new
residential development west of U.S. 75. Staff is supportive of a development concept
that would diversify the City's housing stock by providing higher -priced homes in a
master planned community with public parks and amenities that would draw new
residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer
commits to delivering the type of development that staff believes would greatly benefit
the City.
The subject development is slated for single-family homes and related amenities. The
current owners are under contract to sell the development to an entity affiliated with
Centurion American ("Centurion"). Most of Centurion's other single-family
developments are in or near the Metroplex, with several being located in and/or
planned for communities in Collin County including McKinney, Frisco, Prosper, Allen,
and Celina. Some of Centurion's marketing materials of their single-family developments
can be found here:
http://centurionamerican.com/county/single-family/
City Staff and the City Attorney are currently working with the developer and the
current owners of the Property in drafting a subdivision improvement agreement that
would govern development of the Property and the financing of the public
improvements through the PID and an overlapping TIRZ. This public hearing is on the
advisability of creating the PID.
Staff and the developer are continuing their discussions regarding the creation of the
PID. It is currently anticipated that the action items for the creation of the PID will be
ready for consideration by the Council in early 2015.
STAFF RECOMMENDATION:
A public hearing on this issue was opened on September 23 and held open until the
current meeting. To comply with the hearing requirements under Chapter 372, once all
interested persons have had an opportunity to comment on the PID, staff recommends
that the Council approve a motion to hold open and continue the public hearing on
January 27, 2015 at 7:30 p.m.
CITY OF AN NA, TEXAS
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute
an engineering task order with Birkhoff, Hendricks, and Carter, LLP for the Pecan Grove
Water Line.
SUMMARY:
The Pecan Grove Water Line is necessary in order to provide a critical water line loop,
serve future development and provide a first step in activating the Collin Pump Station.
The project consists of 6,750 linear feet of twelve -inch water line generally along Foster
Crossing between the existing 18" line along the DART rail and the Pecan Grove
Subdivision.
The Pecan Grove Water Line project is replacing a previously contemplated project
called the Grayson Pump Station. The Grayson Pump Station was a project that was
funded by the 2012 Certificate of Obligation Bond and was part of a plan to bring
surface water to each well site in order to facilitate blending well water and surface
water at the well site rather than within the distribution system. This strategy reduces
the likelihood of potential water quality issues as a result of blending the two water
sources in the system. This strategy was utilized for existing well sites at the Sherley
Pump Station, Powell Pump Station, and the West Crossing Pump Station with good
results. However, the proposed Grayson Pump Station would be an entirely new pump
station and new ground storage reservoir. Because of the scope of the project it became
apparent that the pump station would be costly. At 95% design the engineer's opinion
of probable cost (excluding design) totaled $3,075,000. Because of the estimated costs
city staff decided to explore other options. It was determined that if the Pecan Grove
Water Line were constructed this would allow the City to activate the existing Collin
Pump Station located near the Collin County Outer Loop. This option would activate a
dormant asset, provide a critical loop within the system and give the City the ability to
introduce surface water to areas with newer infrastructure, minimizing the potential for
water quality issues. This project is a better option and should preempt the Grayson
Pump Station. The Grayson Pump Station plans can be completed and shelved until such
time as it is necessary to construct it.
The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides
#or design, bidding, and contract administration services for the project. The engineering
consulting fee covering Basics Services (Parts 1-III) for the project is for the lump sum
amount of $67,760.00 and the additional services (Part IV) for the project is for the
amount of $43,330.00, for a total not to exceed amount of $111,090,00, The total
estimated cost for the project including engineering and professional services is
$890,000. Funds are available for this project in the 2012 Certificate of Obligation fund
balance.
Exhibits:
1. Proposed Resolution
2. Proposed Task Order
3. Surface Water Implementation / South Take Point Report - BHC
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution which authorizes the City
Manager to execute a task order with Birkhoff, Hendricks, and Carter, LLP for the Pecan
Grove Water Line.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING
SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR THE
PECAN GROVE WATER LINE.
WHEREAS; The City has negotiated an engineering service task order with Birkhoff,
Hendricks, and Carter, LLP for the design, bidding, and contract administration of the Pecan
Grove Water Line Improvements; and,
WHEREAS; the water line will provide a critical water line loop needed in the water system to
mitigate the possibility of extended periods without water service and will allow for the
activation of the existing Collin Pump Station; and,
WHEREAS; the amount of the engineering consulting fee covering Basics Services (Parts I -
III) for the project is for the lump sum amount of $67,760.00 and the additional services (Part
IV) for the project is for the amount of $43,330, for a total not to exceed amount of
$111,090.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Engineering Service Task Order.
The City Council hereby approves the Engineering Service Task Order with Birkhoff,
Hendricks and Carter, LLP for the Pecan Grove Water Line Improvements, attached hereto
as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same.
The City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce the service task order agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day
of January 2015.
ATTEST:
Natha Wilkison, City Secretary
RES. Pecan Grove Water Line PAGE 1 OF 1 1-13-15
APPROVED:
Mayor, Mike Crist
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600
JOHN W, BIRKHOFP, P,E:
GARY C, HENDRICKS, RE,
JOE R, CARTER, RE,
MATT HICKEY, P.E.
ANDREW MATA, JR., P E,
JOSEPH T, GRAJEWSKI, III, RE,
DEREK B, CHANEY, RE,
CRAIG M. KERKHOFF, P.E.
Mr. Joseph Johnson
Director of Public Works
City of Anna
3223 North Powell Parkway
Anna, Texas 75049
ballas, Texas 75243 Fax (214) 461-8390
Re: South Take Point Pump Station Evaluation (revised)
Dear Mr. Johnson:
January 9, 2015
Phone (214) 361-7900
As yotr requested, we have evaluated the operational condition and flow capacity of the existing South Take
Point Pump Station located approximately at the northeast corner of the State Highway 5 and Collin County
Outer Loop intersection. The pump station was constructed in 2008 to deliver treated surface water to the City
of Anna from the Collin -Grayson Municipal Alliance (CGMA) water line operated by the Greater Texoma
Utility Authority (GTUA). It is our understanding that the South Take Point Pump Station has never been
placed into service. The intent of this evaluation is to use the best information available to determine what, if
any, improvements are required to begin operating the South Take Point Pump Station within the City of Anna
water system.
Existinl? Pump Station
The existing pump station includes two {2) vertical turbine pumps each rated a 4 million gallons -per -day.
Construction of the pump station was completed, and a start-up exercise was performed in 2008. However,
City staff reports that the station was never operated nor supplied the City of Anna with treated surface water.
A 1.5 milIion gallon ground storage reservoir was constructed with the pump station, and still holds the same
water the tank was filled with in 2008. A stand-by generator was installed with the pump station, and based on
conversations with City staff, is exercised on a regular schedule,
A water supply line was constructed from the South Take Point to the north up to FM 455. The supply line is
connected to the City system as the single point at FM 455 and is not a looped water line.
Pump Station Rehabilitation
In order to formulate our recommendations, we performed several site visits to:
1} Verify equipment installed
2) Evaluate the reliable operating condition of critical components
3) Evaluate the capacity and determine appropriate sized of the major equipment components, electrical
switch gear and pumps.
Mr, Joseph Johnson
City of Anna
January 9, 2015
Page 2 of 3
Based on these site visits and our evaluation; in order to begin operating the South Take Point Pump Station as
a part of the City's water system, the following items are recommended to be replaced or repaired.
• Two (2) 0.75 MGD pumps and associated motors installed in placed of the existing pumps.
Replacement of existing control valves with 8-inch check valves, piping, etc. will be required for the
replacement pumps.
• Electrical cabinet requires maintenance with identified equipment (soft starters, grounding and
lightning protection, testing automatic transfer switchboard, etc.) being replaced for the operation of
the pumps inserted.
• Ground storage tank will be required to be drained, inspected, cleaned and disinfected.
• The SCADA system with the original pump station is no longer in operation. Repair, replacement and
upgrades are required.
Our opinion of probable construction cost for the rehabilitation of the existing pump station is in the range of
$442,000. An itemized opinion of probable construction cost in enclosed for your reference.
Foster Crossi:n� Water Line
The distribution line from the South Take Point to FM 455 is a single feed 18-inch water line connected to an
older portion of the City's water system. To better utilize the pump station and water supply, we recommend
looping the water line within the City's water system. Constructing a 12-inch water line, in accordance with
the City's water master plan, along West Foster Crossing Road west of the existing supply line and connecting
it the existing 12-inch water line adjacent to the Pecan Grove subdivision creates a loop from the South Take
Point supply line.
The City of Anna currently provides the majority of its drinking water from groundwater wells at four (4}
pump sites. Three (3) of those sites now have the capability of receiving treated surface water from the
CGMA supply line into the local ground storage reservoirs; thereby creating a blended system of ground and
surface water. The South Take Point currently has access to only treated surface water making it the only
pump station in the City's system delivering solely surface water. Injecting surface water from this site into
the distribution system could potentially cause water quality issues within the system. However, the
development south of FM 455 in the general area of US 75 having been of more recent construction, this area
may not experience as significant water quality issues as the older portion of the City due to the age and
material of the pipe.
This loop provides better redundancy for the system, eliminates a dead end water main at the Pecan Grove
subdivision, and helps alleviate the water surge being sent to an older portion of the City's water system at FM
455 where water quality issues may be more significant. It is our opinion this critical loop in the City's water
system is necessary to reliably operate and supply treated surface water from the South Take Point Pump
Station.
Our opinion of probable project cost for the 12-inch water line along Foster Crossing Road from the existing
supply line to the Pecan Grove subdivision is in the range of $890,000. An itemized opinion of probable
construction cost in enclosed for your reference.
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Or. Joseph Johnson
City of Anna
January 9, 2015
Page 3 of 3
Evaluation Exclusions
The following items were not included with this evaluation.
• Stand-by generator requires repair as it appears to be leaking fuel. Based on conversations with the
City staff, a repair company has been contacted for the generator.
• The existing vault for the site from the CGMA to the City's ground storage reservoir is owned and
operated by the GTUA. This vault includes inaccessible vault doors, a rubber -seated ball valve and a
fixed energy dissipater. This is the only operating/throttling valve between the CGMA line and the
City's system at this site.
• HVAC improvements foi• the existing building were not included. While additional vents, fans,
heaters, etc. are ideal for the long term operation of this site. However, the design and implementation
of the HVAC improvements would exceed our understanding of the project budget and could be
completed at a later time. Please note that prolonged operation of the building without the HVAC
improvements could reduce the operational life span of some equipment.
• Water supplied from the CGMA line has been disinfected using chloramines. The City's pump station
will require upgrades to the supplemental disinfection system as only chlorine disinfection is in place
currently.
• The existing pump station building does not have a sump for water leaked or drained from the pipes to
drain toward. Retro-fitting the slab of the existing building fora sump pit and pump is not included
with this evaluation.
• Costs for land rights acquisition for a groundwater well site were not included.
We are available to discuss this evaluation and project further at your convenience.
Sincerely,
r<aig M. Kerkhoff, P.E.
Enclosures
cc: Mr. Philip Sanders
Tl3PC Firm
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Wellness Firm � Better Decisions -Better•
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j:\clericallnnnall-general
services\A007-city projectsU 70-sotdh
take point start-up evalunlion\letterslk\evaluationrevised,docx
BIRKHOFF, HENDRICKS &CARTER, L.L.P.
PROFESSIONAL ENGINEERS
Client: City of Anna
Project: South Take Point Rehab
Replace Ptunps, Rehab Electrical, Clean Tank
Project IYo. 4007-170
Date: 8-Jan-1 S
ENGINEER'S OPINION OF CONSTRUCTION COST
By: CMK
item No.
Descri tion
Quantity
Unit
Price
Amount
1
Furnish &Install Pum s motors, basket strainers, stuffin boxes
1
LS
$ SS 000.00
$ SS,000.00
2
Furnish & Insta118-inch Sur a Buster Check Valves
2
Ea
$ 8,840.00
$ 17,680.00
3
Mise. ptpmg to connect -mc isc arge om pump to exst. 12-mc
dischar e line
I
LS
$ 10,000.00
$ 10,000.00
4
Elech•ical Rehabilitation & U rades
1
LS
$ 225,000.00
$ 225,000.00
S
Clean &Disinfect Exst. Ground Stora e Tank
1
LS
$ 20,000.00
$ 20,000.00
Subtotal:
$ 327,680.00
Contin encies and Miscellaneous Items
10%
$ 32,768.00
SnbtotaL•
� 360 448.00
Engineering, Bidding, Construction Admm, and 1'ro essional
Service Fees
20.0%
$ 72.089.60
Tns tections
2.S%
$ 9,011.20
Total:
$ 441,548.80
USE:
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
Client: CITY OF ANNA. TEXAS
Project: Foster Crossing Water Line
Project No. 4007-170
Date: 8-Jan-15
By: CMK
MOROMMMMO
Brief Project Description:
Approximately 6,750 L.F. 12" Water Line along W. Foster Crossing Road, from the DART ROW to the Pecan Grove
Subdivision
ENGINEER'S OPINION OF CONSTRUCTION COST
Item >va.
Descri lion
Quantity
Unit
Price
Amount
1
1[
Furnish & Install 12which PVC Waterline W/ Embedment By
Open Cut
64350
L.F.
$ 45.00
$ 285,750.00
2
Furnish & Install 12-Inch PVC Waterline W/ 24" Steel
Encasement Pipe B Other Than Open Cut
300
L.F,
$ 450.00
$ 135,000
& Install 12-Inch PVC Waterline W/ Class "G"
Embedment B O en Cut
100
L.F.
$ 70.00
$ 7,000
Furnish & Install 12-Inch Resilient Seated Gate Valve
9
Ea.
$ 2,500.00
$ 22,500
LFurnish
Transfer Existing Water Service (includes new 1" water
service ol)
12
Ea.
$ 2,500.00
$ 30,000
Furnish & Install Standard Fire Hydrant Assembly
a400'S acin =
17
Ea.
$ 4,000.00
$ 68,000
Furnish & Install 2-Inch Air Release Valvc Assembly
2
Ea.
$ 2,500.00
$ 5,000
8
Furnish & Install 6-Inch Blowoff Valve Assembly
I
Ea.
$ 2,500.00
$ 21500
9
Remove & Replace Asphalt Pavement
222
S.Y.
$ 85.00
$ 18.889
10
Remove & Replace 6 Inch Reinf. Cone.Drivewa
53
S.Y.
$ 70.00
$ 3.733
I
Remove & Replace Gravel Driveway
53
S.Y.
$ 25.00
$ 1,333
12
Furnish & Install 18-inch x 12-inch Tapping Sleeve & Valve
l
Ea.
$ 7,500.00
$ 74500
13
Connect to F,xistinzy 124nch Waterline
1
Ea.
$ 2,000.00
$ 2,000
14
Furnish & Install "french Safety Plan
1
LS
$ 24500.00
$ 2,500
15
Furnish & Install Trench Safety System
6A50
L,F,
$ 2.00
$ 124900
16
Traffic Control and Barricades
I
L.S
$ 2,500.00
$ 2.500
17
Furnish & Install Erosion Control Plan
I
L.S.
$ 2.500,00
$ 1500
18
Seeding / Hvdromulch
2.92
Acres
$ 2,200.00
$ 6,414
Subtotal:
$ 6164020
ESubtotal:
Contingency
10%
$ 61,602
Construction
$ 6774622
Materials Testing and Quality Control:
2.5%
$ 164940.54
Construction Inspection Services:
2.5%
S 16,940.54
Land Rights for Water Line (20400t Easement)
127,000.0
SF
$0.50
$ 63,500
Professional Fees (Engineering, Geotech, Surveying,
Easement Prep.):
$ 1111090
Project Total:
$ 886,093
USE:
$ 890,000
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATT HICKEY, P.E.
ANDREW MATA, JR., P.E.
JOSEPH T. GRAJEWSKI, III, P.E.
DEREK B. CHANEY, RE
CRAIG M. KERKHOFF, P.E.
Mr. Philip Sanders
City Manager
City of Anna
111 North Powell Parkway
Anna, Texas 75409
Dallas, Texas 75243 Phone (2l4) 361-7900
Re: General Engineering Services — Taslc Order
Pecan Grove Water Line
Dear Mr. Sanders:
January 2, 2015
www.bhcllp.com
In accordance with your request and our existing general engineering services agreement, we are
pleased to submit this General Services Task Order letter for services related to the preparation of
plans, specifications, bidding documents and contract administration for the:
Pecan Grove Water Line (W. Foster Crossing Rd.)
From: The existing 184nch water line adjacent to the DART right -of --way
To: The Pecan Grove Subdivision.
GENERAL PROJECT DESCRIPTION
This project consists of a 12-inch water line to be constructed generally along the north side of W.
Foster Crossing Road. The water line will connect the existing 124nch water line stubbed to the east
side of the Pecan Grove subdivision to the existing 184nch water line located east of the DART right-
of-way.
A Project Location Map marked "Exhibit A" is attached hereto and made a part of this Task Order.
TBPE Ffrm 526 TBPLS Ftrnt 100318-00
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1:\7015 wntdevtanna\2014
pecan grove wBpecan
grove waterline -task authorization
format agreement. docx
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 2 of 9
Based on our understanding of the project requirements, our opinion of probable project budget is
summarized below:
Pecan Grove Water Line
Opinion of Probable
Construction Cost
$677,622
Quality Control, Material Testing
& Inspection Services (by others)
$335882
Basic Engineering and
Additional Services
$111,090
Land Rights Acquisitions
$63,500
Total Project Budget
$886,094
A copy of our itemized opinion of cost is attached as Appendix A for reference only.
SCOPE of SERVICES
Part I: Design Phase
Preparation of construction plans, specifications, bidding phase
services
A. Construction Plan -Profile Sheets prepared at a scale of not less than 1"= 20'.
B. Standard Details.
C. Special Details.
D. Cover Sheet, Location Map and Sheet Index.
E. Submittals to State Regulatory Agencies, as required.
F. Preparation of required Texas Department of Transportation permits, as required.
G. Coordination with other Franchise Utility companies.
H. 2-Design review meetings.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\7015 contdev�anna�2014 pecan grove wApecafi grove waterline -task authorization format agreemenLdocx Texas FIYi)1 F526
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 3 of 9
I. Opinion of Probable Construction Estimate.
J. Preparation of Specifications and Contract Documents.
K. Assist in procuring geotechnical engineering information or reports as the project
requirements dictate.
L. Printing of preliminary plans and specifications for review by the City.
Part II: Bidding Phase
A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to
Contractors" to contractors experienced in this type of construction. City will have
Notice published in local newspaper.
B. Sell bidding documents to potential bidders and their suppliers and other parties.
C. Provide bidding documents to City of Anna, Dodge Reports, and two other parties
requested by the City.
D. Assist during opening of bids and provide bidding tally sheets.
E. Provide bid tabulation to City and contractors who submitted bids.
F. Obtain the following information from the lowest bidder:
1. Past work history.
2. Physical resources to produce the project.
G. Formulate opinion from information received and provide the City a summary of
the opinion for their use in selection and award of the construction contract.
H. After award of contract, furnish ten sets of prints of the final plans, specifications
and contract documents to the City for construction use by the City and Contractor.
Part III: Construction Phase
A. Attend a pre -construction conference, including preparing an agenda.
B. Attend coordination meetings with contractor, quality control personnel, and City
representatives to discuss strategy, problem areas, progress, and any required
coordination.
C. Review shop drawings and other submittal information, which the Contractor
submits. This review is for the benefit of the Owner and covers only general
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
IA7015 contdev\anna\2014 pecan grove wl\pecan grove waterline -task authorization format agreement-docx Texas Firm F526
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 4 of 9
conformance with information given by the Contract Documents. The contractor is
to review and stamp their approval on submittals prior to submitting to the
Engineer. Review by the Engineer does not relieve the Contractor of any
responsibilities, safety measures or the necessity to construct a complete and
workable facility in accordance with the Contract Documents.
D. Provide written responses to requests for information or clarification to City or
Contractor.
E. Prepare and process routine change orders for this project as they pertain to the
original scope of work.
F. Make periodic site visits during construction as the project requirements dictate.
Minimum of one project site visit per month.
G. Review monthly pay request from information obtained in the field.
H. Accompany the City during their final inspection of the project.
I. Recommend final acceptance of work based on information from the on -site
representative.
J. Prepare Record Drawings. Utilizing on -site representative and Contractor
construction record information, consultant will prepare one set of 22"x 34"
reproducible record drawings on mylar and one set of electronic image files in
Adobe Acrobat file format and ACAD.dwg file format.
Part IV: Additional Services
A. Design, Property and Construction Surveys.
B. Preparation of Plat and Field Note Descriptions for expected water line easements
required. Eleven (11) easement descriptions are included for the purpose of
establishing a budget for this phase of work.
C. Printing of final plans and specifications for distribution to prospective bidders and
the successful contractor.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\7015 wntdevlanna\2014 pecan grove whpecan grove waterline -task authorization Format agreementdocx
Texas Firm F526
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 5 of 9
Part V: EAf IUMUM5
The intent of this scope of services is to include only the services specifically listed
herein and none others. Services specifically excluded from this scope of services
includeI but are not necessarily limited to the following:
A. Environmental impact statements and assessments.
B. Fees for permits or advertising.
C. Certification that work is in accordance with plans and specifications.
D. Environmental cleanup.
E. Landscape architecture.
F. Flood plain reclamation plans.
I Trench safety designs.
H. Quality control and testing services during construction.
I. Services in connection with condemnation hearings.
J. Phasing of Contractor's work.
K. On -site safety precautions, programs and responsibility.
L. Consulting services by others not included in proposal.
M. Revisions and/or change orders as a result of revisions after completion of original
design (unless to correct error on plans).
N. Traffic engineering report or study.
O. Title searches.
COMPLETION SCHEDULE
Notice to Proceed From City ................................................. January 14, 2014
Submit Preliminary Plans to City ........................................ March 13, 2014
Submit Plats and Field Notes for Water Line Easements:.... April 10, 2014
Complete Final Plans & Bidding Documents ...................... May 15, 2014
.and Rights Acquisitions. By the City of Anna
Advertise Project for Bids (after land rights secured): ........ At City's Direction
Construction Phase: 6 months after notice to proceed
Texas American Public Works Association 2010 Awardee
Environmental Project of'the Year $10 - $100 Million
1:\7015 cmitdev�anna�2014 pecan grove w�pecyi grove waterline -task authorization Cormat agreementducx Texas Fir�ri F526
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 6 of 9
FEE NOT TO EXCEED AMOUNT
Basic Services (Parts I -III)
Payment for the Basic Services described under Parts I, II, III and IV, shall be on a Lump Sum Basis
in the following Amounts:
Part I: Design Phase
$50,820
Part II: Bidding Phase
$3,390
Part III: Construction Phase
$139550
Total Basic Services
Lump Sum Fee
$67,760
Additional Services (Part IV)
For the Additional Services described in Part IV, we propose to be compensated on a salary cost basis
times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. The two man survey crew
will be billed at a crew rate of $160 per hour. Automobile mileage for special services will be
invoiced at $0.50 per mile.
We suggest you budget approximately $43,330 in the following amounts for our services for this
project:
A. Design and Bound Surve s
$14,330
B. Preparation of Plat and Field Note
$27,500
Descriptions 11 each
C. Printing of Plans & Specifications
$1,500
Total Additional Service
$43,330
Not to Exceed Amounts
TEXA5 BOARD OF PROFESSIONAL LAND SURVEYING CONTACT INFORMATION
Recipients of professional land surveying services under this agreement may direct complaints
regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle,
Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253.
Texas American Public Works Association Z010 Arvardee
Environmental Project of the Year $10 - $100 Million
I:\7015 conidev�amia�2014 pecan grove whpeca,i grove waterline -task authorization format agreemenldocx Texas FI)'nl FS26
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 7 of 9
If this General Engineering Services Agreement Taslc Order meets with your approval, please sign
and return one set to our office along with your directive to proceed. We look forward to working
with you on this important project for the City of Anna and are available to discuss this task further at
your convenience.
Sincerely yours,
G Digitally signed by Gary C. Hendricks
a ry C •
DN: cn=Gary C. Hendricks,
Y 1{(' Birkhoff, Hendricks and Carter,
Hcorn, C=US
end ■ I c , `s Date: 2015.01 102 09:3629s 06 00'
Gary C. Hendricks, P.E., R.P.L.S.
APPROVED FOR THE CITY OF ANNA, TEXAS
Mr. Philip Sanders, City Manager Date
cc* Mr. Joseph Johnson, Director of Public Works
Mr. Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P.
Texas American Public Works Association 2010 Arvardee
Environmental Project of the Year $10 - $100 Million
1:\7015 wntdev�anna�2014 pecan grove wBpecan grove waterline -task authorization format agreement.docx Texas Firm F526
Mr. Philip Sanders
General Services Task Order: Pecan Grove Water Line
January 2, 2015
Page 8 of 9
Exhibit A -Project Location Map
0 z000 4000'
SCALE IN FEET
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\7015 contdev�am�a\2014 pecan grove whpecan grove waterline -task aolhorizarian format agreementdocx
Texas Firn: F526
Mr. Philip Sanders
General Services Task Order
January 2, 2015
Page 9 of 9
Pecan Grove Water Line
Appendix A — Opinion of Probable Project Cost
BIRKHOFF, HENDRICKS 8z CARTER, L.L.P.
PROFESSIONAL ENGINEERS
Client: CITY OF ANNA, TEXAS
Project: Pecan Grove Water Line
Project No. Cont. Dev.
Date• 2-Jan-15
By:
CMK
Brief Project Description:
Approximately 6,750 L.F. 12" Water Line along W. Foster Crossing Road, from the DART ROW to the Pecan Grove
Subdivision
ENGINEER'S OPINION OF CONSTRUCTION COST
Item No.
Description
Quanti
Unit
Price
Amount
1
Furnish & Install 124nch PVC Waterline W/ Embedment By
Open Cut
L.F.
$ 45.00
$ 285,750.00
2
Furnish & Install 12-Inch PVC Waterline W/ 24" Steel
Encasement Pi e By Other Than O en Cut
F6�350
L.F.
$ 450.00
$ 135,000
3
Furnish & Install 124nch PVC Waterline W/ Class "G'
Embedment By Open Cut
100
L.F. 5
$ 70.00
$ 7,000
4
Furnish & Install 12-Inch Resilient Seated Gate Valve
9
Ea.
$ 25500.00
$ 22,500
5
Transfer Existing Water Service (includes new V water
servicepoly)
12
Ea.
$ 2,500.00
$ 301000
6
Furnish & Install Standard Fire Hydrant Assembly
400'Spacing
171
Ea.
$ 4,000.00
$ 682000
7
Furnish &Install2-Inch Air Release Valve Assembly..
2
Ea. 1
$ 25500,00
$ 51000
8
Furnish & Install 64nch Blowoff Valve Assembly
I
Ea.
$ 2,500.00
$ 29500
9
Remove & Replace Asphalt Pavement
222
S.Y.
$ 85.00
$ 18,889
10
Remove & Replace 6Inch Rein£ Conc.Driveway
53
S.Y.
$ 70.00
$ 33733
11
Remove & Replace Gravel Driveway
53
S.Y.
$ 25.00
$ 15333
12
1 Furnish & Install 184nch x 12-inch Tapping Sleeve & Valve
1
Ea.
$ 75500.00
$ 7,500
13
Connect to Foisting 124nch Waterline
1
Ea.
$ 2,000.00
$ 2,000
14
Furnish & Install Trench Safety Plan
1
LS
$ 2,500.00
$ 25500
15
Furnish & Install Trench Safety System
6,450
L.F.
$ 2.00
$ 123900
16
Traffic Control and Barricades
1
L.S
$ 25500,00
$ 23500
17
lFurnish & Install Erosion Control Plan
1
L.S.
$ 21500,00
$ 25500
18
Seeding / H dromulch
2.92
Acres
$ 2,200.00
$ 65414
Subtotal:
$ 6169020
Contingency
10%
$ 613602
Construction Subtotal:
$ 677,622
Materials Testing and Quality Control:
2.5%
$ 162940.54
Construction Inspection Services:
2.5%
$ 16,940.54
Land Rights for Water Line 20400t Easement
127,000.0
SF
$0.50
$ 635500
Professional Fees (Fngineering, Geotech, Surveying,
Ects ement Prep.):$
111,090
Project Total:
$ 886,093
USE:
$ 890,000
Texas American Public Works Association 2010 Alvardee
Environmental Project of the Year $] 0 - $100 Million
I:\7015 contdev�anna�2014 pecan grave wl\pecan grove waterline -task authorization format agreementdocx Texas Firm F526
CITY OF AN NA, TEXAS
Item No. 13
City Secretary's use only
City COunal Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
Joseph Johnson
AGENDA SUBJECT:
This item is in regard to a resolution authorizing and appointing signatories for
documents related to the 2014 Texas Community Development Block Grant Project
(TXCDBG).
SUMMARY:
The City of Anna was recently awarded a 2014 Texas Community Development Block
Grant for sewer improvements. As part of the project it is necessary to appoint persons
authorized to execute contractual documents and other documents for requesting
funds from the Texas Department of Agriculture (TDA). The resolution, if approved,
must be sent to the TDA with an original signed copy of the TxCDBG
Depository/Authorized Signatories Designation Form (Form A202).
Exhibits:
1. Proposed Resolution
2. Authorized Signatories Form A202
3. Direct Deposit Form
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution appointing signatories for
contractual documents and other documents requesting funds from the Texas
Department of Agriculture for the 2014 Texas Community Development Block Grant
Project.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND
DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE TEXAS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (TxCDBG) PROJECT.
WHEREAS; the City of Anna, Texas has received a 2014 Texas Community Development
Block Grant award to provide sewer improvements, and;
WHEREAS; it is necessary to appoint persons to execute contractual documents and
documents for requesting funds from the Texas Department of Agriculture, and;
WHEREAS; an original signed copy of the TxCDBG Depository/Authorized Signatories
Designation Form (Form A202) is to be submitted with a copy of this Resolution, and;
WHEREAS; the City of Anna, Texas acknowledges that in the event that an authorized
signatory of the City changes (elections, illness, resignations, etc.), the City must provide
TxCDBG with the following:
• a resolution stating who the new authorized signatory is (not required if this original
resolution names only the title and not the name of the signatory); and
• a revised TxCDBG Depository/Authorized Signatories Designation Form (Form A202).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
The Mayor and City Manager are authorized to execute contractual documents between the
Texas Department of Agriculture and the City of Anna for the 2014 Texas Community
Development Block Grant Program.
The Mayor, Mayor Pro-Tem, City Manager and City Secretary are authorized to execute the
State of Texas Request for Payment Form document required for requesting funds approved
in the 2014 Texas Community Development Block Grant Program.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13tn
day of January 2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
202
Depository/Authorized Signatories Designation Form
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM
Grant Recipient CITY OF ANNA TxCDBG Contract No. 7214349
The individuals listed below are designated by resolution as authorized signatories for contractual
documents.
In addition
authorized
required),
Mike Christ
(Name)
Mayor
(Title)
(Signature)
Natha Wilkison
(Name)
City Secretary
(Signature)
to the individuals listed above, the individuals listed below are designated by resolution as
signatories for the Request for Payment Form (Form A203)—(At least two (2) signatories
Philip Sanders
(Name)
City Manager
(Title)
(Signature)
(Name)
Mayor Pro Tem
(Title)
(Signature)
Natha Wilkison
(Name)
City Secretary
(Title)
(Signature)
(Name)
(Title)
(Signature)
NOTE: A copy of a Resolution passed by the city council or county commissioner's court authorizing the
signatories must be submitted along with this form. Grant Recipients are strongly encouraged to use the
sample resolution provided.
U74-176
� (Rev.9-13/17)
Direct Deposit Authorization
This
form may be used
by
vendors, individual
recipients or state employees
to receive payments
from
the state of Texas
by
direct deposit or to
change%ancel existing direct
deposit information.
Transaction Type
For Comptroller's Use Only
ZO W1 New setup (sections 2, 3, 4 and 5) ElChange account type (Sections 2, 3, 4 and 5)
❑ Change financial institution (Sections 2, 3, 4 and 5) ❑ Cancellation (Sections 2 and 5 - Sections 6 and 7 for state agency use)
Q❑ Change account number (Sections 2, 3, 4 and 5)
Payee Identification
Payee type ❑Texas Identification Number (TIN) ❑Individual Taxpayer Identification Number (ITIN) Mail code (If not known,
❑ State employee ❑ Employer Identification Number (EIN) leave blank.)
Vendor or other recipient
❑ z Social Security Number (SSN)'
O
H Payee name Phone number
w City of Anna 972-924-3325 ext.
Mailing address City State ZIP code
101 N. Powell Anna TX 1 75409
Financial Institution (Completion by financial institution is recommended.)
Financial Institution name
City
State
o>
Routing transit number (9 digits)
Customer account number (maximum 17 characters)
Type of account
Z
O
_ _
❑Checking Savings
I I I I I t I 1 I 1 U
I I I I I I I I I I I I I I I
I 1 I
C)
Financial representative name (optional)
Title (optional)
W
U)
Financial representative signature (optional)
Phone number (optional)
Date (optional)
ext.
International
Verification
� Will these payments be forwarded to a financial institution outside the United States?......................................................... ❑YES
� If "YES,"also complete the ACN (Direct Deposit) Payment Destination Confirmation (Form 74-227).
Authorization for Setup, Changes or Cancellation (required)to
❑ NO
I authorize the Texas Comptroller of Public Accounts to deposit my payments from the state of Texas to my financial institution electronically.
I understand that the Texas Comptroller of Public Accounts will reverse any payments made to my account in error.
z
O
1 further understand that the Texas Comptroller of Public Accounts will comply at all times with the National Automated Clearing House Association's
v
rules. (For further information on these rules, please contact your financial institution.)
W
W
sign Authorized signature
Printed name
Date
here
Cancellation
(for state agency use)
Authorized Signature (for state agency use)
sign' Signature
Date
here
r
Phone number
Agency number
o
ext.
551
UAgency
name
LLI
Texas Department of Agriculture
Comments
Please return your completed form to:
Texas Department of Agriculture
Accounts Payable/Direct Deposit Program
1700 North Congress Avenue
Austin, TX 78701-1436
Phone: 512-463-7476
Form 74-176 (8ac )(Rev.9-13If)
Instructions for Direct Deposit Authorization
You have certain rights
under Chapters 552 and
559, Government Code, to
review,
request
and correct
information we have on
file about you. To request
information for review or
to request error correction,
use the
contact
information
on this form.
Section I. Transaction Type
Select the appropriate transaction type(s).
Section 2: Payee Identification
Select payee type, provide the Texas Identification Number (TIN), Employer Identification Number (EIN)
Social Security Number (SSN)` or Individual Taxpayer Identification Number (ITIN) and enter payee
contact information.
Federal Privacy Act Statement
Disclosure of your Social Security number is required and authorized under law, for the purpose of tax administration and identiflca-
tion of any individual affected by applicable law, 42 U.S.C. sec. 405(c)(2)(C)(i); Texas Govt, Code Sections 403,011; 403,056, and
403.078. Release of information on this form in response to a public information request will be governed by the Public Information
Act, Chapter 552, Government Code, and applicable federal law.
Section 3: Financial Institution
Completion by financial institution is recommended.
Important: Your direct deposit account information may be different from the account information printed
on your checks. It is recommended that you contact your financial institution to confirm your direct deposit
account information.
Prenote Test:
A prenote test will be sent to your financial institution for the account information provided. The prenote
test is for a period of six banking days, and it is sent to your financial institution to verify your account
information. If no further action is required by your financial institution, your direct deposit instructions will
become effective when the six banking day prenote time frame has expired.
Section 4: International Payments Verification
Check "YES" or "NO" to indicate if direct deposit payments to the account information designated in
Section 3 of this form will be forwarded to a financial institution outside the United States. If "YES," also
complete the ACH (Direct Deposit) Payment Destination Confirmation (Form 74-227).
Section 5: Authorization for Setup, Changes or Cancellation
Must be completed in its entirety, and no alterations to the authorization language will be accepted.
For State Agency Use
Section 6: Cancellation by Agency
Provide reason for cancellation request.
Section 7: Authorized Signature
For state agency use only.
CITY OF ANNA,TEXAS
Item No. 14
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
City Manager
Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving a Settlement and Release
Agreement with Oncor Electric Delivery Company LLC.
SUMMARY:
Currently, there are about 414,000 streetlights throughout Oncor's service area,
315,000 of which are Oncor owned streetlights. Under the Energy Policy Act passed in
2005, manufacturers could not make mercury vapor lights after January 1, 2008.
Therefore, beginning in January 2008, Oncor began replacing all of its 175-watt mercury
vapor streetlights with 100-watt high pressure sodium lights. Under Oncor's tariff, the
mercury vapor bulbs were charged at $10.47 per month; however, the replacement high
pressure sodium bulbs are charged at $10.19 per month. Additionally, while the
mercury vapor bulbs were calculated at 70 kWh per month, the high pressure sodium
bulbs are only calculated at 40 kWh per month. Therefore, cities should have seen a
savings in streetlight charges as the bulbs were replaced.
Due to an error on Oncor's part, many of the changes to the streetlight inventory were
not changed in Oncor's Distribution Information System which is used to bill for
streetlights. As a result, Oncor recognized that some of its streetlights were billed
incorrectly by charging for the higher cost mercury vapor bulbs after the high pressure
sodium bulbs had been installed. Additionally, Oncor has become aware that it was
charging for streetlights that had been removed from service due to situations such as
construction or accidents. Overall, Oncor estimates that approximately 5% of its
streetlights fall into one of these categories of error. Of this 5% error rate, 78% of those
errors are lights affected by the database updating error and 19% of those errors are
associated with cities being charged for nonexistent lights.
To remedy these errors, Oncor has hired a contractor to verify its inventory of
streetlights in the field and update the database accordingly. As this contractor updates
the inventory, Oncor is providing refunds for any discrepancies in streetlight charges,
dating back to January 1, 2008, with interest at the Public Utility Commission approved
interest rate. Oncor anticipates that this process will take two and a half to three years
to complete. As of the end of June 2014, Oncor had verified 42,860 lights in 58 cities. Of
the cities that have been reviewed, Oncor estimates 10% contained no errors, and 90%
had some errors.
In the audit of the City of Anna street lights, Oncor identified a few errors in the
numbers of certain types of street lights, and is offering the City $13,192.69 to settle the
billing error.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Settlement Agreement.
CITY OF ANNA, TEXAS
f:7 ��•7��1tii1L•7 �� � [•
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SETTLEMENT AND
RELEASE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPNAY LLC,
WHEREAS, Due to an error on Oncor's part, some of the changes to the City's streetlight
inventory were not changed in Oncor's Distribution Information System which is used to bill
for streetlights; and
WHEREAS, to remedy these errors, Oncor hired a contractor to verify its inventory of
streetlights in the City of Anna, Texas (the "City") and update the database accordingly, and
Oncor has determined that the City had been overbilled; and
WHEREAS, the City Council finds that approval of an agreement to settle and resolve any
disputes and claims arising out of or related to the billings by Oncor for street lights located in
the City, is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Settlement and Release Agreement.
The City Council of the City of Anna, Texas hereby approves the Settlement and Release
Agreement, attached hereto as Exhibit 1, and authorizes, ratifies and approves the City
Manager's execution of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13tn
day of January, 2015.
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS
RESOLUTION NO.
Mayor, Mike Crist
PAGE 1 OF 1
a
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (the "Agreement") is made and entered into as of
December 23, 2014 (the "Effective Date") by and between Oncor Electric Delivery Company
LLC ("Oncor") and the City of Anna, Texas (the "City").
WHEREAS, Oncor and the City agree that Oncor and its predecessors in interest have
been billing —either directly to the City prior to the start of retail competition in January 2002 or
to retail electric providers serving the City since the start of retail competition in January 2002 —
for providing service to unmetered street lights (the "Street Lights") for which the City is the
end -use customer; and
WHEREAS, Oncor and the City agree that Oncor's billings have, for an undetermined
period of time, been inaccurate with respect to the number and/or type and/or size of Street
Lights for which the City is the end -use customer; and
WHEREAS Oncor and the City recognize that the information is not readily available to
determine the exact number, type and size of streetlights provided by Oncor during the past; and
WHEREAS the overbilling of street light numbers has resulted in City paying excess
charges not only for transmission and distribution service, but also for energy; and
WHEREAS, Oncor and the City wish to avoid the expense of proceedings at either the
Public Utility Commission of Texas or state district court; and
WHEREAS, Oncor wishes to avoid the expense Oncor would incur if it were required to
cancel/rebill prior bills or invoices to the City or to the City's retail electric provider(s).
NOW, THEREFORE, in order to fully and finally resolve all disputes and claims
arising out of or related to the billings by Oncor, Oncor's predecessors in interest, the City's
retail electric providers, and the affiliated companies of each, for electricity consumed by the
Street Lights, and for the mutual covenants set forth in this Agreement, the adequacy and
sufficiency of which is acknowledged, Oncor and the City agree as follows:
1. PAYMENT TO THE CITY
No later than 30 days after the latest signature date set below, Oncor will pay the City the
sum of $13,192.69.
1
2. RELEASE OF ONCOR AND ITS AFFILIATES, AND OF RETAIL ELECTRIC
PROVIDERS WHO PROVIDED STREET LIGHT SERVICE TO THE CITY
The City, on behalf of itself and its successors and assigns and any and all persons,
entities or municipalities claiming by, through or under them, hereby RELEASES,
DISCHARGES AND ACQUITS, forever and for all purposes, Oncor, its predecessors in
interest, and each of their respective agents, employees, officers, directors, shareholders,
partners, insurers, attorneys, legal representatives, successors, and assigns, as well as all
affiliated companies, including TXU Energy Company LLC and its subsidiaries, as well as all
retail electric providers from whom the City has taken retail electric service, from and against
any and all liability which they now have, have had, or may have, and all past, present and future
actions, causes of action, claims, demands, damages, costs, expenses, compensation, losses, and
fees of any kind or nature whatsoever, whether known or unknown, fixed or contingent, in law or
in equity, whether asserted or unasserted, whether now existing or accruing in the future, arising
out of or related to the calculation, reporting, billing or invoicing of charges to the City for
electric service for Street Lights through December 23, 2014.
3. AGREEMENT AS TO ACCURACY OF CURRENT STREET LIGHT BILLING
INFORMATION
City does not dispute and agrees not to dispute that the current Street Light billing
information being used by Oncor for the City's Street Lights, including but not limited to the
number, types and sizes of Street Lights, as detailed on Attachment A, is accurate as of
December 23, 2014.
�0i'I : C : ►Y Y � 1 . 1
Oncor and the City each warrant that the person executing this Agreement on their behalf
has the authority to bind the entity for whom such person signs this Agreement.
5. MISCELLANEOUS PROVISIONS
A. The parties acknowledge and agree that the terms of this Agreement are all
contractual and not mere recitals.
B. The parties acknowledge that they have read this Agreement in its entirety,
understand its terms, and that this Agreement is entered into voluntarily, without duress, and
with full knowledge of its legal significance.
2
C. This Agreement may not be modified in any manner, nor may any rights provided
foI herein be waived, except in an instrument in writing signed by each party.
Texas.
D. This Agreement shall be construed in accordance with the laws of the State of
E. This Agreement, and any amendment hereto, may be executed in one or more
counterparts. All of such counterparts shall constitute one and the same agreement. The parties
expressly agree that any counterparts signed and delivered by electronic copy or facsimile shall
be deemed original document and shall legally bind the parties to the same extent as originals.
IN WITNESS THEREOF, each party, by its duly authorized representative, has
executed this Agreement as of the applicable date set forth below, and by such execution, giving
the Agreement full force and effect as of the Effective Date.
ONCOR ELECTRIC DELIVERY COMPANY LLC
By:
Its: Vice President
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2(114,
by , of Oncor Electric Delivery Company LLC, on behalf of said entity.
Notary Public, State of Texas
3
r
�
r
STATE OF TEXAS §
COUNTY OF §
THE CITY OF ,TEXAS
This instrument was acknowledged before me on the day of ,
2014, by , on behalf of the City of , Texas.
Notary Public, State of Texas
p
♦ ♦ +I �4h3Lw4wkl
CITY OF ANNA
STREET LIGHTING BILLING TABLE AS OF DECEMBER 23, 2014
Account Description Count Last Run Wattage Type Schedule
6003057 ANNA, CITY OF (1001HP,A) 144 12/23/2014 100 HP A
4391998 ANNA, CITY OF (175,MV,A) 11 12/23/2014 175 MV A
8361924 ANNA, CITY OF (200tHP,A) 32 12/23/2014 200 HP A
4392029 ANNA, CITY OF (250,HP,A) 7 12/23/2014 250 HP A
4392091 ANNA, CITY OF (4001HP,A) 3 12/23/2014 400 HP A
4392060 ANNA, CITY OF (4001MV,A) 9 12/23/2014 400 MV A
i
CITY OF ANNA, TEXAS
Item NO. 15
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 13, 2015
City Manager
AGENDA SUBJECT:
Consider/Discuss/Action regarding an ordinance amending Part III -A (Subdivision
Regulations), Article 3 (Subdivision Design Standards), Section 9.02 (a) of the Anna City
Code of Ordinances. (City Manager).
SUMMARY:
The attached amendment to the City Subdivision Regulations clarifies that the
requirement to place utilities (i.e. electric, telephone, and cable) underground applies
only to those utilities that are provided on -site within the property described by the
plat.
STAFF RECOMMENDATION:
Staff recommends approval of this 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 -A (SUBDIVISION
REGULATIONS), ARTICLE 3 (SUBDIVISION DESIGN STANDARDS), SECTION
9.02 (PROVISION OF UTILITY SERVICES); 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 City Council ("City Council") has previously
adopted standards, requirements, and procedures for and otherwise governing the
subdivision of land that are codified in Part III -A of The Anna City Code of Ordinances
(Subdivision Regulations);
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. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances;
Part III -A, Article 3, Section 9.02 of the Anna City Code of Ordinances is hereby
amended as follows:
9.02 Provision for Utility Services
(a) All Subdivision Plats and engineering plans submitted to the City of
Anna for approval shall provide for on -site Utility Services such as
electrical, gas, telephone and cable television utility lines, including
lateral or service distribution lines, and wires to be placed
underground. Feeder and other major transmission lines may remain
overhead within the appropriate Easements. There shall be provided at
Street intersections underground conduits as approved by the City
Engineer for utility public road Right -of -Way crossings. There shall be
no other utility road crossings except as authorized by the Director of
Public Works or City Engineer. No utilities except those of the city may
be installed in the rights -of -way of public roads except as provided in
the City's regulations governing Management of Public Rights -of -Way
set forth in Part II, Article 50 of this Code.
CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2
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.
PASSED by the City Council of the City of Anna, Texas, this 13th day of January,
2015.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2
CITY OF ANNA, TEXAS
Item No. 16
City Secretary's use only
City Council Agenda
Staff Report
Date: January 13, 2015
Staff Contact: City Manager
Exhibits: Sample Ordinance
AGENDA SUBJECT:
Future Agenda Consideration: Consider/Discuss/Action regarding placing the following
item on a future City Council agenda: Ordinance regulating the purchase and possession
of electronic cigarettes by minors.
SUMMARY:
A number of cities have adopted ordinances that prohibit the sale of electronic or e-
cigarettes to minors. An e-cigarette is an electronic device usually composed of a
mouthpiece, a heating element or atomizer, a battery, and electronic circuits that
provides a gas derived from liquid nicotine and/or other substances which is inhaled by
a user simulating smoking.
Councilmember Barnes has requested that the Council consider an Ordinance that
would regulate the purchase and possession of electronic cigarettes by minors.
According to the rules previously adopted by the City Council, an item listed for
discussion under Future Agenda Consideration will be placed on a future Council agenda
if at least three (3) Council members vote in favor of a motion to place the item on a
future agenda (Resolution 2008-01-04).
Attachedsample ordinance.
CITY OF , TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF
TEXAS, REGARDING PURCHASE BY MINOR OF
TOBACCO PRODUCTS AND &CIGARETTES, REGULATING THE
PURCHASE, SALE, OFFER TO SELL, AND POSSESSION OF ANY
TOBACCO PRODUCT OR &CIGARETTE TO OR BY ANY MINOR;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of (the "City") is permitted to establish ordinances to
protect the health, safety and general welfare of its residents; and
WHEREAS, it is well -established by medical science that tobacco products, including
but not limited to cigarettes, cause multiple negative health consequences when ingested or
inhaled by the consumer; and
WHEREAS, electronic cigarettes are devices that convert liquid nicotine into a gas that
is inhaled by the consumer; and
WHEREAS, the National Institute for Occupational Safety and Health and the Center for
Disease Control and Prevention have prepared emergency response information addressing the
dangers associated with liquid nicotine and the City Council finds that: (1) nicotine affects the
nervous system and heart and is addictive; and (2) exposure to relatively small amounts of liquid
nicotine can rapidly be fatal; and
WHEREAS, the Federal Drug Administration has warned of the dangers posed by
electronic cigarettes, which include nicotine addiction and the appeal to young people due to the
different flavors (such as chocolate, strawberry and mint); and
WHEREAS, the American Medical Association addressed the risks associated with the
use of electronic cigarettes and adopted a policy recommending that electronic cigarettes be
classified as a drug delivery device;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ,TEXAS, THAT;
SECTION 1. FINDINGS. The foregoing recitals are hereby found to be true and correct and
are hereby adopted by the City Council and made a part hereof for all purposes as findings of
fact.
SECTION 2. PURPOSE. The purpose and intent of this ordinance is to protect individuals
under the age of 18 from the hazards of tobacco products, e-cigarettes, nicotine addiction, and
Page 1 of 4
the dangers of ingesting such products with no regulatory oversight as to their purity, contents,
and potential negative health impacts.
SECTION 3. AMENDMENT TO CODE
OFFENSES REGARDING PURCHASE BY MINOR OF TOBACCO
PRODUCTS AND E-CIGARETTES
Definitions
As used in this article, the following words and phrases shall have the following
meanings:
"Electronic cigarette" or "e- cigarette" means an electronic device usually
composed of a mouthpiece, a heating element or atomizer, a battery, and
electronic circuits that provides a gas derived from liquid nicotine and/or other
substances which is inhaled by a user simulating smoking. The term includes
such devices, regardless of the details of the product appearance or marketed
name, generally manufactured to resemble cigarettes, cigars, pipes, or other
smoking devices.
"Liquid nicotine" means any liquid product composed either in whole or part of
nicotine, propylene glycol and/or other similar substances and manufactured for
use with an e-cigarette to be converted into a gas for inhaling.
"Mirror" means a natural person less than 18 years of age.
"Person" means any natural person, individual, corporation, limited liability
company, unincorporated association, proprietorship, firm, partnership, joint
venture, joint stock association, or other entity or business of any kind.
"Photographic iderrtifrcatio>7" means state, district, national or other equivalent
government driver's license, identification card or military card, in all cases
bearing a photograph and a date of birth, or a valid passport.
Tobacco prrodz+ct means:
(1) a cigarette;
(2) a cigar;
(3) smoking tobacco, including granulated, plug -cut, crimp -cut, ready rubbed and
any form of tobacco suitable for smoking in a pipe or as a cigarette;
(4) chewing tobacco, including plug, scrap, and any kind of tobacco suitable for
chewing;
(5) snuff or other preparations of pulverized tobacco; or
(6) any other article or product that is made of tobacco.
Provision of Tobacco Products or E-Cigarettes to a Minor Prohibited
Page 2 of 4
(a) Provide or offer to minor. No person may give, distribute, transfer, sell,
market, or offer any tobacco products or e-cigarettes, their components, or
samples to any minor.
(b) Purchase by minor. No minor may purchase or obtain any tobacco
products or e-cigarettes or their components. This prohibition does not apply to
activities or enforcement actions under the control of a City, state, or federal law
enforcement authority.
(c) Sale to minor by dispenser. No person shall sell or permit to be sold
tobacco products or e-cigarettes or their components through any device that
mechanically dispenses such products unless the device is located fully within
premises from which minors are prohibited.
(d) Possession by minor. A minor commits an offense if the minor possesses a
tobacco or e-cigarette product, and the minor was not: (1) in the course and scope
of the minor's employment by a person or entity holding a permit issued by the
state authorizing the person to engage in the business of being a distributor,
wholesaler, bonded agent or retailer of tobacco products or e-cigarettes; or (2) in
the presence of an adult, parent, guardian, spouse or other adult to whom the
minor had been committed by a court.
(e) False Information. A minor commits an offense if, in order to acquire a
tobacco product or an e-cigarette, the minor states to any person engaged in the
business of selling tobacco products or e-cigarettes that such minor is 18 years of
age or older, or presents to any such person a document or writing that purports to
establish that such minor is 18 years of age or older.
Penalties, Exceptions, and other Prohibitions
(a) Penalty. The penalty for violation of this article shall be in accordance
with the general penalty provision contained in the Code of Ordinances, City of
Texas. Each continuing day's violation under this article shall
constitute a separate offense.
(b) Defense —presence of responsible person. It is a defense to a prosecution
for• violation of Sec. 6.05.002(d) of this article that a minor possessed a tobacco
product or e-cigarette product in the presence of an adult parent, guardian, or
spouse, or other adult to whom the minor has been committed by a court.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this ordinance. The City Council hereby 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 or phrases
be declared void.
Page 3 of 4
SECTION 5. SAVINGS CLAUSE. All ordinances or parts of ordinances, in conflict herewith
are to the extent of such conflict hereby repealed. The balance of such ordinance is hereby
saved from repeal.
SECTION 6. EFFECTIVE DATE. The Ordinance shall be effective immediately following
its publication in accordance with applicable law.
Passed and approved this day of , 2015.
ATTEST:
City Secretary
ADOPTED:
Mayor
Page 4 of 4
CITY OF ANNA, TEXAS
Item NO. I7
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits.
January 13, 2015
City Manager
AGENDA SUBJECT:
Briefing/Discussion regarding review of architectural proposals for City Hall.
SUMMARY:
A total of seven (7) architectural companies responded to our Request for Qualifications
for pre -design architectural services in connection with the proposed city hall project.
An internal review committee reviewed and ranked the Statements of Qualifications
submitted by each company. Based on this review, we expect to interview four of the
firms that responded including PGAL, Rob Hobbs Architects, Brinkley Sargent Architects,
and Randall Scott Architects.
We anticipate conducting these interviews on Friday January 16. Based on the
interviews, we hope to make a recommendation to the City Council on January 27th
regarding the selection of an architect for this project. After Council has selected an
architect, we will negotiate a contract for the scope of services and hopefully bring the
contract back the Council on February 10th for approval.
CITY OF ANNA,TEXAS
Item No. 18
City Secretary's use only
City COuncil Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
City Manager
AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or referenced
on this agenda under the following exceptions:
SUMMARY:
a. consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way; easements; and land
for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail
developments;
d. discuss or deliberate personnel matters: City Secretary Updates City Manager
Annual Review; Boards and Commissions.(Tex. Gov't Code §551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF AN NA, TEXAS
Item No. 19
City Secretary's use only
City COundl Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
City Manager
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for
January 13, 2015 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA,TEXAS
AGENDA SUBJECT: Adjourn
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item NO. 20
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13I 2015
City Manager
..
y{O�} HOMETOW N
AGENDA ADDENDUM
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
January 139 2015
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., January
13, 2015, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign4n-Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
The following item is added to the regular agenda for consideration:
18. Consider/discuss/Action regarding a resolution authorizing the City Manager to
execute a contract for the construction of the Slaytor Creek Influent Lift Station Project.
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. January 9, 2015.
Natha Wilkison, City Secretary
I. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and 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.
01-13-15 CC Regular Meeting Agenda.doc 1 Posted 01-09-I5
CITY OF ANNA, TEXAS
Item No. 14
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 13, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute
a contract for the construction of the Slayter Creek Influent Lift Station Project.
SUMMARY:
This project is necessary in order to ensure the continued operation of the Slayter Creek
Wastewater Treatment Plant. One of the two screw pumps at the treatment plant is
currently inoperable while the failure of the second pump is imminent. The pumps are a
critical component of the plant's operation and therefore must be replaced. In addition,
the pumps are not repairable by any reasonable standard. This is due to the level of
decay caused by the environment that the pumps are exposed to. The failure of the
second screw pump could lead to the plant being rendered inoperable which could
subsequently cause an environmental concern and would likely be a threat to public
health and safety. Restarting the plant after a pump failure would be an expensive
proposition.
The proposed solution is to build a new influent lift station of a more conventional style.
Staff has been working closely with our engineering consultant and now have identified
a project that will solve this issue. We have solicited three proposals for the
construction of the project which would be paid for out of 2012 Certificates of
Obligation funds designated for improvements to the wastewater treatment plant.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution which authorizes the City
Manager to execute a contract on an emergency basis for the Slayter Creek Influent Lift
Station Project.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION OF THE SLAYTER
CREEK WASTEWATER TREATEMENT PLANT INFLUENT LIFT STATION
PROJECT.
WHEREAS, one of the two existing screw pumps at the Slayter Creek wastewater
treatment plant is inoperable, and the other screw pump is in poor condition and in
danger of imminent failure; and,
WHEREAS, failure of the second existing screw pump would render the Slayter Creek
wastewater treatment plant inoperable; and,
WHEREAS, City staff has proposed the construction of a submersible pump lift station
to replace the existing screw pumps at the Slayter Creek wastewater treatment plant
the "Project"); and,
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
prompt construction and timely completion of the submersible pump lift station is
necessary to preserve and protect the public health and safety of the residents of the
City of Anna, Texas (the "City"); and,
WHEREAS, a procurement necessary to preserve or protect the public health or safety
of the municipality's residents is generally exempt from the competitive bidding rules
outlined in Chapter 252 of the Texas Local Government Code; and,
WHEREAS, the City has solicited proposals for the emergency procurement and
construction of the Project;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Contract Award.
The City Council hereby authorizes the City Manager to execute a contract with
for construction of the Slayter Creek Wastewater Influent Lift
Station 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.
CITY OF ANNA, TEXAS
PAGE 1 OF 2
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13,
Jay of January 2015.
ATTEST:
Natha Wilkison, City Secretary
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
CONTRACT AGREEMENT
THIS WWTP Headworks Lift Station Rehabilitation - Emergency Procurement Contract
(hereinafter this "Contract Agreement") entered into this day of 20
by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and
("Contractor"), located at
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as WWTP Headworks Lift
Station Rehabilitation - Emergency Procurement (the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"):
Slayter Creek Wastewater Treatment Plant Headworks Rehabilitation
in accordance with the Contract Documents as that term is defined herein; and
WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide
the Work required in this Contract Agreement in a professional, timely manner as time is of the essence;
and
WHEREAS, the City has relied upon the above representations by the Contractor; and
WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid
construction be entered into with the Contractor;
NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein
set forth, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
This Contract Agreement includes the recitals set forth above and the following documents:
Notice to Contractors;
Prevailing Wage Rates for Municipal Construction in Anna, Texas;
Vendors Compliance to State Law;
Conflicts of Interest Questionnaire;
Affidavit Against Prohibited Acts;
Proposal Form;
Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax;
Contract Agreement;
Performance Bond;
Payment Bond;
Maintenance Bond;
Certificate of Insurance;
j:\clerical\anna\2014-132 Slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-1 Contract Agreement
Notice to Proceed;
Any executed Change Orders;
Supplementary General Provisions and Technical Specifications; and,
Plans, Specifications and Drawings and all other documents made available to Contractor for his
inspection in accordance with Proposal,'
all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a
part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract"
or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction
for a Minor Modification in the Work issued by the City, and any other amendments executed by the City
and the Contractor, shall become and be a part of the Contract Documents. Documents not included or
expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The
Contract Documents are intended to be complementary, and a requirement in one document shall be
deemed to be required in all documents. However, in the event of any conflict between any of the
above -listed documents and this Contract Agreement, this Contract Agreement shall control.
Section 2. REPRESENTATIONS OF THE CONTRACTOR
In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the
Contractor, by executing the Contract, makes the following express representations to the City:
2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall
maintain, any and all licenses, permits or other authorizations necessary to act as the general
contractor for, and to construct the Project;
2.02 The Contractor has become familiar with the Project site and the local conditions under which
the Project is to be constructed and operated;
2.03 The Contractor has received, reviewed and examined all of the documents which make up the
Contract, including, but not limited to all plans and specifications, and has found them to the best
of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for
construction.
Section 3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of the Contract, the City and the Contractor agree as
follows:
3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in
Section 1, above), together with the Contractor's Performance Bond, Payment Bonds, and
Maintenance Bonds for the Project constitute the entire and exclusive agreements between the
parties with reference to the Project, and said Contract supersedes any and all prior discussions,
communications, representations, understandings, negotiations, or agreements.
3.02 Anything that may be required, implied or reasonably inferred by the documents which make up
the Contract, or any one or more of them, shall be provided by the Contractor with no increase to
the Contract Price;
3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other
relationship whatsoever between the City and any person except the Contractor;
� If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
j:\clerical\anna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-2 Contract Agreement
3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as
defined herein; second, if not defined, according to its generally accepted meaning in the
construction industry; and third, if there is no generally accepted meaning in the construction
industry, according to its common and customary usage;
3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents
as to matters —other than compliance with time limits, providing an updated schedule, and claim
and change order procedures —the term shall mean within tolerances as described specifically in
the Contract Documents, or if not specifically described, within industry standards and tolerances
for deviation for the specific item or procedure in question;
3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be
followed by the phrase, "without limitation";
3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply
that any other, non listed item will not constitute a material breach of the Contract;
3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast
each of the documents which make up the Contract, shop drawings, and other submittals and
shall give written notice to the City of any conflict, ambiguity, error or omission which the
Contractor may find with respect to these documents, before proceeding with the associated part
of the Work. The express or implied approval by the City or its designee of any shop drawings or
other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor
shall any such approval be evidence of the Contractor's compliance with the Contract. If the
Contractor performs any activity knowing it involves an error, inconsistency or omission which
was recognized, obvious, or reasonably should have been recognized, without such notice to the
City, the Contractor shall assume responsibility for such performance and shall bear the costs for
correction;
3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which
make up the Contract, the following shall control:
(1) as between this Contract Agreement and any other document, this document shall
govern; or,
(2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract
Documents, and such conflict is not resolved by reference to the Supplementary General
Provisions and Technical Specifications, then the Contractor shall notify the City
immediately upon discovery of same for resolution.
Section 4. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract
including, but not limited to, the following:
4.01 The Contractor will complete the entire Work described in the Contract Documents, except as
specifically identified therein as the work of other parties or expressly excluded by specific
reference, in accordance with the terms herein.
4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and
endorsement(s);
$M The provision or furnishing, and prompt payment therefor, of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage,
disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all
j:Wericallanna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreementdoc CA-3 Contract Agreement
necessary building permits and other permits or licenses required for the construction of the
Project;
4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings,
specifications, addenda, change orders and other modifications depicting all as -built
construction. Said items shall be submitted to the City, along with other required submittals upon
Completion of the Project, and receipt of same by the City shall be a condition precedent to final
payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the
City.
Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS
5.01 The Contractor shall commence the performance of the Contract on the date set forth in the
Notice to Proceed issued by the City Manager or the City Manager's designee and shall
diligently continue its performance to and until Completion of the Project. The Contractor shall
accomplish Completion (as defined herein below) of the Project not more than Sixty (60)
calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter
referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather
days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable
time for accomplishing Completion of the Project and completion of the Project within the
Contract Time is of the essence.
5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of
unexcused delay in achieving Substantial Completion beyond the date set forth herein for
Substantial Completion. Any sums due and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages representing an estimate of delay damages
likely to be sustained by the City, estimated at the time of executing the Contract. When the City
reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be
entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount
then believed by the City to be adequate to recover liquidated damages applicable to such
delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or
any part thereof, for which the City has withheld payment, the City shall promptly release to the
Contractor those funds withheld over and above what ultimately came due as liquidated
damages;
5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in
writing by the City's consulting architect/engineer or other appropriate independent contractor or
representative and approved by the City, the Project is at a level of completion in strict
compliance with the Contract such that the City or its designee can enjoy beneficial use or
occupancy and can legally occupy, use or operate it in all respects, for its intended purpose.
Partial use or occupancy of the Project shall not result in the Project being deemed substantially
complete, and such partial use or occupancy shall not be evidence of Substantial Completion,
5.04 All limitations of time set forth herein are material and are of the essence of the Contract.
5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled
in this Contract Agreement. In this connection, Contractor agrees that it will keep itself
continually informed of the progress of the job and will, upon its own initiative, confer with the
City so as to plan its Work in coordinated sequence with the work of the City, if any, and of
others and so as to be able to expeditiously undertake and perform its work at the time most
beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages
sustained by the City for delays in performing the Work hereunder, other than for excusable
delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension
of time.
jicledcal\anna\2014-132 slayler ck wwtp headworks\specs\tech-spec\11-agreement.doc CA4 Contract Agreement
5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor
employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in
transportation, unusually severe weather conditions, unavoidable casualties, delays specifically
authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation,
and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier,
then the contract time shall be extended by Change Order for such reasonable time, if any, as
the City may determine that such event has delayed the progress of the Work, or overall
completion of the Work if the Contractor complies with the notice and documentation
requirements set forth below.
(1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time
exceeding seven calendar days by any act or neglect of the City, an adjustment shall be
made for any increase in the direct cost of performance of this contract (excluding profit,
extended home office overhead, incidental or consequential damages or disruption
damages) and the Contract modified in writing accordingly. The Contractor must assert
its right under this section by giving written notice to the City Manager within10 calendar
days of the beginning of a delay, obstruction, hindrance or interruption by the City. No
adjustment shall be made for any delay, obstruction, hindrance or interruption after final
payment under this contract or to the extent that performance would have been so
delayed, obstructed, hindered or interrupted by any other cause, including, but not limited
to concurrent cause or fault or negligence of the Contractor, or for which an equitable
adjustment is provided for or excluded under any other term or condition of this contract.
The direct costs described above shall be limited to those direct costs attributable solely
to this project, and shall be subject to documentation and verification of costs as required
by the City. If unit prices are established in the Contract Documents or subsequently
agreed upon, they shall form the basis for cost calculations under any claims for delay.
(2) Any claim for extension of time shall be made in writing to the City, not more than 10
calendar days from the beginning of the delay. The notice shall indicate the cause of
delay upon the progress of Work. If the cause of the delay is continuing, the Contractor
must give such written notice every 10 calendar days. Within 10 calendar days after the
elimination of any such delay, the Contractor shall submit further documentation of the
delay and a formal Change Order request for an extension of time for such delay.
(3) The written request for a time extension shall state the cause of the delay, the number of
calendar days extension requested, and such analysis and other documentation as is
reasonably requested by the City to demonstrate a delay in the progress of the Work or
the overall project completion. If the Contractor does not comply with the above notice
and documentation requirements, the claim for the delay shall be waived by the
Contractor. The above notice and documentation requirements shall also be a condition
precedent to the Contractor's entitlement to any extension of time.
(4) Extensions of time will be the contractor's primary remedy for any and all delays,
obstructions, hindrances, or interference. Payment or compensation, for direct costs only
(as set forth above), may be made to the Contractor for hindrances or delays solely
caused by the City if such delays or hindrances are within the City's ability to control and
are not partially caused by the Contractor or any of its agents, subcontractors or others
for whom it is responsible. No payment or compensation will be made for interference,
obstructions, hindrances or delays which are not solely caused by the City and which the
City fails to cure after a reasonable period after written notice.
(5) Without limitation, the City's exercise of its rights under provisions related to changes to
the Work, regardless of the extent or number of such changes, or the City's exercise of
any of its remedies or any requirement to correct or re -execute defective Work, shall not
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under any circumstances be construed as delays, hindrances or interference
compensable further than as described herein.
Section 6. FIXED PRICE AND CONTRACT PAYMENTS
6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the
Contractor's timely performance of its obligations hereunder the fixed price of $
The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be
modified except by Change Order or adjustment pursuant to approved unit prices, if any, as
provided in the Contract.
6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set
forth in this Section 6 and as set forth here:
(1) On or before the 10th calendar day of each month after commencement of performance,
but no more frequently than once monthly, the Contractor may submit a payment request
for the period ending the last calendar day of the previous month (the "Payment
Request"). Said Payment Request shall be in such format and include whatever
supporting information as may be required by the City. Therein, the Contractor may
request payment for 90% of that part of the Contract Price allocable to Contract
requirements properly provided, labor, materials and equipment properly incorporated in
the Project, and materials or equipment necessary for the Project and properly stored at
the Project site (or elsewhere if offsite storage is approved in writing by the City), less the
total amount of previous payments received from the City. Payment for materials stored
offsite shall be at the discretion of the City and if approved, the Contractor shall provide
appropriate documentation to substantiate materials are stored in a bonded warehouse
or facility, title or other proof of ownership has been transferred to the City, and that
materials have been purchased and paid for by the Contractor (copies of paid invoices
must be submitted to the City with payment request). Risk of loss shall be borne by, and
insurance must be provided by the Contractor while in storage, transit and use during
construction. At 75% completion of the Contract, by dollar value, and at the option of the
City, retainage may be reduced to 5% plus an additional amount as detailed in Section
6.06 below for any part of the Work that is defective or non -conforming and in Section
5.02 above for anticipated liquidated damages.
(2) Amounts reflected in Change Orders may be included in Payment Requests to the extent
they are not in dispute and subject to final approval of cost to the City for such changes in
work.
(3) Each Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of Work has reached the level for which
payment is requested, that the Work has been properly installed or performed in strict
compliance with the Contract, and that the Contractor knows of no reason why payment
should not be made as requested.
(4) Thereafter, the City shall review the Payment Request and may also review the Work at
the Project site or elsewhere to determine whether the quantity and quality of the work is
as represented in the Payment Request and is as required by the Contract. The amount
of each such payment shall be the amount approved for payment by the City less such
amounts, if any, otherwise owing by the Contractor to the City or which the City shall
have the right to withhold as authorized by the Contract, subject to approval by the City.
Approval of the Contractor's Payment Requests shall not preclude the City from the
exercise of any of its rights as set forth in 6.06 herein below.
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(5) The submission by the Contractor of a Payment Request also constitutes an affirmative
representation and warranty that all work for which the City has previously paid is free
and clear of any lien, claim, or other encumbrance of any person whatsoever. As a
condition precedent to payment, the Contractor shall, if required by the City, also furnish
to the City properly executed waivers of lien or claim, in a form acceptable to the City,
from all subcontractors, materialmen, suppliers or others having lien or claim rights,
wherein said subcontractors, materialmen, suppliers or others having lien or claim rights,
shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and
waive and relinquish any liens, lien rights or other claims relating to the Project site.
Furthermore, the Contractor warrants and represents that, upon payment of the
Payment Request submitted, title to all work included in such payment shall be vested in
the City.
6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all
subcontractors, material men, laborers and suppliers the amounts they are due for the work
covered by such payment. In the event the City becomes informed that the Contractor has not
paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have
the right, but not the duty, to issue future checks and payment to the Contractor of amounts
otherwise due hereunder naming the Contractor and any such subcontractor, material man,
laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement
such a procedure, and will give the Contractor a reasonable period to cure any such failure prior
to implementing the procedure. Such joint -check procedure, if employed by the City, shall create
no rights in favor of any person or entity beyond the right of the named payees to payment of
the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in
the future.
6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the
City, nor any other act or omission by the City shall be interpreted or construed as an
acceptance of any work of the Contractor not strictly in compliance with the Contract;
6.05 After written notice to the Contractor and in reasonable opportunity to cure, the City shall have
the right to refuse to make payment, in whole or in part, and, if necessary, may demand the
return of a portion or all of the amount previously paid to the Contractor due to:
(1) The quality of a portion, or all, of the Contractor's work not being in accordance with the
requirements of the Contract;
(2) The quantity of the Contractor's work not being as represented in the Contractor's
Payment Request, or otherwise;
(3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial
Completion may be inexcusably delayed;
(4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City,
to pay Contractor's Project -related obligations including, but not limited to,
subcontractors, laborers and material and equipment suppliers;
(5) Claims made, or likely to be made, against the City or its property for which the
Contractor or its agents or subcontractors or others for whom it is responsible are, or
reasonably appear to be at fault;
(6) Loss caused by the Contractor;
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(7) The Contractor's failure or refusal to perform any of its obligations to the City, after
written notice and a reasonable opportunity to cure as set forth above.
In the event that the City makes written demand upon the Contractor for amounts previously
paid by the City as contemplated in this Section 6.06, the Contractor shall promptly comply with
such demand. The City's rights hereunder survive the term of this Contract Agreement, are not
waived by final payment and/or acceptance, and are in addition to Contractor's obligations
elsewhere herein.
6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor
shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be
finished. The City will thereupon conduct a site review to confirm that the Project is in fact
substantially complete. If the City, through its review, finds that the Contractor's work is not
substantially complete, and is required to repeat all, or any portion, of such review, the
Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the
City from any payment then or thereafter due to the Contractor. Guarantees and equipment
warranties required by the Contract shall commence on the date of Substantial Completion,
Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase
total payments to the Contractor to 100% of the Contract Price less any amounts attributable to
damages, and less 150% of the costs, as reasonably determined by the City, incurred for the
City to complete any incomplete work, correcting and bringing into conformance all defective
and nonconforming work, and handling any outstanding or threatened claims. Such a
calculation by the City of costs for completing all incomplete work, correcting and bringing into
conformance all defective and nonconforming work, and handling any outstanding or threatened
claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or
otherwise as provided by law for any incomplete, defective or nonconforming work or claims that
are discovered by the City after the date of making such calculation or after the date of any
partial or final payment, whether or not such incomplete, defective or nonconforming work or
claims were obvious or should have been discovered earlier.
6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify
the City thereof in wrng. Thereupon, the City will perform a final site review of the Project. If
the City concurs that the Project is complete in full accordance with the Contract and that the
Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a
final Approval for Payment to the City certifying to the City that the Project is complete and the
Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld
pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is
required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat
review(s), which costs may be deducted by the City from the Contractor's final payment;
6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the
Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar
days of the final Approval for Payment, with the exception of items in dispute or concerning
which the City has exercised any of its rights to investigate or remove.
Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY
7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all
written and tangible material in its possession relevant to the conditions at the site of the
Project. Such written and tangible material has been furnished to the Contractor only in order to
make complete disclosure of such material as being in the possession of the City and for no
other purpose. By furnishing such material, the City does not represent, warrant, or guarantee
its accuracy either in whole, in part, implicitly or explicitly, or at all.
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7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are
disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site
differing materially from those indicated in the contract, or (2) unknown physical conditions at
the site, of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inhering in work of the character provided for in this contract. The City
shall investigate the conditions, and if it finds that such conditions do materially so differ and
cause an increase or decrease in the Contractor's cost of, or the time required for, performance
of any part of the Work under the Contract, whether or not changed as a result of such
conditions, an adjustment shall be made, through negotiation and mutual agreement, and the
contract modified in writing accordingly.
Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK
8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof,
as required herein, or with the diligence that will ensure its proper, timely completion in
accordance with the contract documents, the City may instruct the Contractor, by written notice,
to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt
of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed
by the City. In the event the City issues such instructions to cease and desist, the Contractor
must, within seven calendar days of receipt of the City's instructions, provide a written, verified
plan to eliminate or correct the cause of the City's order, which plan appears to the City to be
reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or
refuses to provide such a plan or diligently execute an approved plan, then the City shall have
the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces,
or with the forces of another contractor, and the Contractor shall be fully responsible and liable
for the costs of the City performing such work, which costs may be withheld from amounts due
to the Contractor from the City. The rights set forth herein are in addition to, and without
prejudice to, any other rights or remedies the City may have against the Contractor. If Work
completed by the City or other contractor affects, relates to, is to be attached onto or extended
by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and
to the extent visible, report any apparent defects or variance from the Contract requirements
which would render the Contractor's later Work not in compliance with the Contract
requirements or defective or not in compliance with warranties or other obligations of the
Contractor hereunder.
8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the
Work from the Contract and complete it separately.
Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the
Contract Documents, the Contractor shall have and perform the following duties, obligations and
responsibilities to the City:
9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are
by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work
without adequate plans and specifications, or without, as appropriate, approved shop drawings,
or other submittals. If the Contractor performs work knowing or believing, or if through exercise
of reasonable diligence it should have known that such work involves an error, inconsistency or
omission in the Contract without first providing written notice to the City, the Contractor shall be
responsible for such work and shall correct same bearing the costs set forth in Section 3.08
above,
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9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work, unless otherwise
specified in the Contract Documents;
9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all
acts, errors or omissions of those engaged in the work on behalf of the Contractor, including,
but not limited to, all subcontractors and their employees. The Contractor shall maintain an on -
site superintendent while any portion of the Work is being performed. The Contractor shall
operate exclusively in the capacity of the City's independent contractor as to all work it performs
under the Contract, and not as an agent, employee, or representative of the City;
9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified
and competent to perform the tasks undertaken, that the product of such labor shall yield only
first-class results, that all materials and equipment provided shall be new (unless otherwise
specified) and of high quality, that the completed work will be complete, of high quality, without
defects, and that all work strictly complies with the requirements of the Contract. Any work not
strictly complying with the requirements of this the Contract shall constitute a breach of the
Contractor's warranty.
9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically
stated in Section 22.01 below —and calling for all required or routine inspections. The
Contractor will cooperate with and abide by the decision of inspectors having jurisdiction.
Should the Contractor have a dispute with any inspector or entity having jurisdiction, the
Contractor shall promptly notify the City Manager or the City Manager's designee. The
Contractor shall comply with all legal requirements applicable to the work
9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time
supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are
as follows:
NAME FUNCTION
If at any time the City reasonably determines that any employee of the Contractor is not
properly performing the Work in the best interest of the City or the Project, or is
hindering the progress of the Work, or is otherwise objectionable, the City shall so
notify the Contractor, which shall replace the employee as soon as possible, at no
increased cost to the City.
9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior
to submittal of the first application for payment. The City will not review any payment request
until such schedule has been submitted and approved. Such schedule shall be in a form as
specified in the Contract or which shall have been approved by the City Manager or the City
Manager's designee, and which shall provide for expeditious and practicable construction of the
Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the
parties otherwise agree in writing) and shall be updated to reflect conditions encountered from
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time to time and shall apply to the total project. Each such revision shall be furnished to the City.
Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to
payment to the Contractor, and failure by the Contractor to strictly comply with said
requirements shall constitute a material breach of the Contract.
9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally,
the Contractor shall keep a copy of approved shop drawings and other submittals. All of these
items shall be available to the City during all regular business hours.
9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the
Contract. The Contractor shall not do any work requiring shop drawings or other submittals
unless such shall have been approved in writing by the City or as required by the Contract
Documents. All work requiring approved shop drawings or other submittals shall be done in
strict compliance with such approved documents or Contract requirements. However, approval
by the City shall not be evidence that work installed pursuant thereto conforms with the
requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations
from the Contract unless the City has been specifically informed of the deviation by a writing
incorporated in the submittals and has approved the deviation in writing.
The delivery of submittals shall constitute a representation by the Contractor that it has verified
that the submittals meets the requirements of the Contract, or will do so, including field
measurements, materials and field construction criteria related thereto.
The City shall have no duty to review partial submittals or incomplete submittals. The Contractor
shall have the duty to carefully review, inspect, examine and physically stamp and sign any and
all submittals before submission of same to the City.
9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the
acts of its employees, materialmen and subcontractors in a reasonably clean condition during
performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the
Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do
so, the City may complete the cleanup, by its own forces or by separate contract, and shall be
entitled to charge the Contractor for same through the collection or withholding of funds through
the mechanisms provided elsewhere in this Contract Agreement;
9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to
enter upon the Project site and any offsite lay down areas, safety permitting, and to review or
inspect the work and any materials on any such site, without formality or other procedure.
9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating
to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its
forces reasonably accommodate the forces of the City and other contractors hired by the City.
The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor
claims that delay or damage results from these actions of the City, it shall promptly submit a
claim as provided herein.
9.13 Protection of persons and property.
(1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety
programs and precautions in the performance of the terms of the Contract. The
Contractor shall take reasonable precautions for the safety of, and shall provide
reasonable protection to prevent damage, injury or loss to its employees, subcontractors'
employees, employees of the City and members of the public, the Work itself and
unassembled components thereof, and other property at the site or adjacent thereto. As
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part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all
necessary and prudent safeguards, barriers, signs, warnings, etc.
(2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work
or any person or property described herein caused in whole or in part by the acts of the
Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall
be in addition to the requirements of Section 10 herein. The City may direct the
Contractor to remedy known violations of applicable laws, rules, regulations, and
interpretations related to safety when and if observed on the site. However, through
exercising this authority the City shall not incur any obligations to monitor, initiate,
continue, or supervise safety programs and precautions such to diminish the
Contractor's primary role in same. The City shall have the right to report suspected
safety violations to the Occupational Safety and Health Administration (OSHA) or other
appropriate authorities.
(3) The Contractor shall promptly notify the City upon discovery of any unidentified material
which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous
material, and shall immediately stop work in the affected area of the Project. The
Contractor shall not be responsible for removal or other work with regard to such
hazardous material unless otherwise agreed between the City and the Contractor. In the
case of work stopped due to the discovery of hazardous materials, Section 6 shall apply
to claims for delay, hindrance or interference. Work will resume in the affected area of
the Project immediately after such time as the hazardous material has been removed or
rendered harmless, as certified by an industrial hygienist to be engaged by the City.
9.14 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract are of good quality and new unless otherwise required or permitted under the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
Section 10. INDEMNITY
Except for expenses
or liabilities arising from the
negligence of the
City, the Contractor hereby
expressly agrees to
indemnify and hold the City
harmless against
any and all expenses and
liabilities arisinq out
of the performance or default
of the Contract as
follows.
10.01 Contractor shall indemnify. and hold harmless. to the maximum extent permitted by law
City and its officers, agents, employees,
and consultants from and
against any and all
liability, damages, losses, (whether
in
contract or in tort, including personal iniury,
accidental death or property damage,
and regardless, of whether
the alienations are
false, fraudulent or groundless), and
costs (including reasonable attorney's fees,
litigation, arbitration, mediation, appeal
expenses incurred in any
matter, including a
proceeding to enforce this Section
10)
which in whole or in part
are caused by the
negligence, recklessness or intentional
wrongful misconduct of
the Contractor and
Persons employed by or utilized by
the
Contractor in Contractor's
performance of this
Contract Agreement.
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10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and
shall be binding upon Contractor whether such injury or damage shall accrue, or may be
discovered before or after termination of the Contract.
10.03 Contractor's
failure
to
comply
with this
section's provisions
shall
constitute a
material
breach upon
which
City
may
immediately
terminate
or suspend this
Contract Agreement.
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City, other than for time extensions covered by Section 6
hereof, are subject to the following terms and conditions:
11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City.
Notice of such claim shall be received by the City no later than either 10 calendar days after the
event, or 10 calendar days after the first appearance of the circumstances causing the claim,
whichever is sooner, and same shall set forth in detail all known facts and circumstances
supporting the claim. Final costs associated with any claim upon which notice has been filed
must be submitted in writing to the City within 30 calendar days after notice has been received;
11.02 The Contractor and the City shall continue their performance hereunder regardless of the
existence of any claims submitted by the Contractor including claims set forth in Section 6
hereof;
11.03 In the event the Contractor discovers previously concealed and unknown site conditions which
are materially at variance from those typically and ordinarily encountered in the general
geographical location of the Project, the Contract Price may, with the approval of the City, be
modified, either upward or downward, upon the written notice of claim made by either party
within 10 calendar days after the first appearance to such party of the circumstances. Final
costs must be submitted within 30 calendar days after such notice is received by the City,
unless extended by written agreement of the parties. As a condition precedent to the City having
any liability to the Contractor due to concealed and unknown conditions, the Contractor must
give the City written notice of, and an opportunity to observe, such condition prior to disturbing
it. The failure by the Contractor to give the written notice and make the claim as provided by this
Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the
Contractor of any rights arising out of or relating to such concealed and unknown condition;
11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a
condition precedent to any liability of the City therefor, unless emergency conditions exist, the
Contractor shall strictly comply with the requirements of Section 11.01 above and such claim
shall be made by the Contractor before proceeding to execute any work for which a claim is
made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor
of any claim for additional compensation;
11.05 In connection with any claim by the Contractor against the City that would result in
compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in
this regard shall be limited to those cost categories set forth in Section 13.07 below.
Section 12. SUBCONTRACTORS
12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing,
those parties required to be listed on the proposal form as subcontractors on the Project. Any
changes to this list at any time shall be subject to the prior approval of the City. The City shall, in
writing, state any objections the City may have to one or more of such subcontractors. The
Contractor shall not enter into a subcontract with an intended subcontractor to whom the City
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objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals
from potential replacements and shall submit the three lowest proposals to the City, along with
the Contractor's proposed choice as replacement. If the approved replacement subcontractor's
cost is verified to be higher than the removed subcontractor, the excess shall be added to the
Contract Price, unless the subcontractor in question has to be removed due to a default, or
deficient performance.
If the approved replacement subcontractor's cost is lower than the removed subcontractor, the
difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to
those listed in Section 13.07 below.
All subcontracts shall afford the Contractor rights against the subcontractor which correspond to
those rights afforded to the City against the Contractor herein, including those rights of Contract
termination as set forth herein below.
12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the
City, contingent upon the termination of the Contract for default or convenience as provided
herein, and only as to those subcontracts which the City accepts in writing directed to the
Contractor. This contingent assignment is subject to the prior rights of any surety obligated
under a bond related to the Contract. This contingent assignment will operate prospectively from
the effective date of assignment, and will not obligate the City to any liabilities existing on the
effective date of the assignment, or arising from events, acts, failures to act, facts or
circumstances existing prior to the effective date of the assignment. The contracts subject to this
contingent assignment shall also be further assignable by the City, at the City's sole option. The
Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment
and including it in all subcontracts in connection with the Project.
Section 13. CHANGE ORDERS
13.01 The City Manager or the City Manager's express designee shall be the sole authorized
representative of the City. Other than in matters of public safety or in time of emergency
management, the Contractor shall not take direction or act upon information from any City
personnel other than the City Manager's expressly authorized designee(s).
13.02 One or more changes to the work within the general scope of the Contract, may be ordered by
Change Order. The City may also issue written directions for minor changes in the Work and
may issue Construction Change Directives, as set forth below. The Contractor shall proceed
with any such changes or Construction Change Directives without delay and in a diligent
manner, and same shall be accomplished in strict accordance with the following terms and
conditions:
13.03 Change Order shall mean a written order directed to the Contractor executed by the City after
execution of the Contract, directing a change in the work. A Change Order may include a
change in the Contract Price, (other than a change attributable to damages for delay as
provided in Section 6 hereof), or the time for the Contractor's performance, or any combination
thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient
time to execute a bilateral change, the City may also direct a change in the Work in the form of
a Construction Change Directive, which will set forth the change in the Work and the change, if
any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order;
Construction Change Directives shall include a not4o-exceed preliminary price, against which
the Contractor may begin billing (subject to the requirements for pay applications elsewhere
herein) as the work is performed.
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(1) The Contractor shall furnish a price breakdown, itemized as required and within the time
specified by the City, with any proposal for a contract modification.
(2) The price breakdown
(a) must include sufficient detail to permit an analysis of all costs for material, labor,
equipment and subcontracts, and
(b) must cover all work involved in the modification, whether the work was deleted,
added or changed.
(3) The Contractor shall provide similar price breakdowns to support any amounts claimed
for subcontracts.
(4) The Contractor's proposal shall include a complete justification for any time extension
proposed.
13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows:
(1) By mutual agreement between the City and the Contractor as evidenced by (a) the
change in the Contract Price being set forth in the Change Order, (b) such change in the
Contract Price, together with any conditions or requirements relating thereto, being
initialed by both parties and (c) the Contractor's execution of the Change Order; or,
(2) If no mutual agreement occurs between the City and the Contractor, the change in the
Contract Price, if any, shall be derived by determining the reasonable actual costs
incurred or savings achieved, resulting from revisions in the work. Such reasonable
actual costs or savings shall include a component for direct job site overhead and profit
but shall not include home -office overhead or other indirect costs or components. The
calculation of actual costs shall conform to the markup schedule in Section 13.07 below.
Any such costs or savings shall be documented in the format, and with such content and
detail as the City requires.
The Contractor shall promptly submit such documentation and other supporting materials as the
City may require in evaluating the actual costs incurred or to be incurred.
13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the
Contract Price and the time for performance by the Contractor, regardless of the nature, amount
or extent of the changes. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters relating to,
arising out of or resulting from the work included within or affected by the executed Change
Order of which the Contractor knew or should have known.
13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with
reference to all Change Orders if such notice, consent or approval are required by the City, the
Contractor's surety or by law. The Contractor's execution of the Change order shall constitute
the Contractor's warranty to the City that the surety has been notified of, and consents to, such
Change Order and the surety shall be conclusively deemed to have been notified of such
Change Order and to have expressly consented thereto.
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13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions
apply:
Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the
cost of all transport. The cost of items listed shall be directly related to the Change Order.
Indirect costs not specifically related to the Change Order shall not be considered.
Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly
involved workmen, employer contributions towards company standard benefits, pensions,
unemployment or social security (if any), and employer costs for paid sick and annual leave.
Contractor's or Subcontractor's Overhead shall include license fees, bond premiums,
supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and
vehicle expense directly related to the Project, and all other direct Project expenses not included
in the Contractor's materials, direct labor, and equipment costs.
The allowance for Overhead and Profit shall be limited to the following schedule:
1. For the Contractor, for any work performed by the Contractor's own forces, 10% of the
Subtotal of Costs to the Contractor.
2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the
Subcontractor.
3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own
forces, 109/o of their materials and direct labor costs.
4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount
due the Sub -subcontractor.
For Change Orders, the total cost or credit to the Owner shall be based on the following
schedule:
Contractor's Materials Cost
+ Contractor's Direct Labor Costs
+ Contractor's Equipment Costs (includes owned/rental equipment)2
+ Applicable Subcontractor Costs
= Subtotal of Costs to the Contractor
+ Contractor's Overhead and Profit
= Total Cost or Credit to the Owner
13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section
6.05 above.
2 Owned Eauipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any
related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost
shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most
recent edition of the Contractor's Equipment Cost Guide, published by Dataquest.
Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work
including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii)
85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction
published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's
designee when machinery and construction equipment not so listed is required,
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Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract
or in violation of an instruction from the City, such work shall be uncovered and displayed for
review by the City and/or its consultants upon request, and shall be reworked at no cost in time
or money to the City.
14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01
above, it shall, if directed by the City, be uncovered and displayed for the City and/or its
consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the
Contractor to uncover and subsequently, replace such work shall be borne by the City.
Otherwise, such costs shall be borne by the Contractor.
14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as
defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the
City for all testing, review, inspections and other expenses incurred as a result thereof.
14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any
manufacturer's warranties provided on the Project, and in addition to other remedies provided
herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any
and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12
months following Substantial Completion upon written direction from the City.
14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming
work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable
costs of removing and correcting the defective or nonconforming work, or (2) the difference
between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or nonconforming
work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor shall, upon
written demand from the City, pay the City such remaining compensation for accepting defective
or nonconforming work. The Contractor shall have an opportunity to correct any defect or non-
conformance prior to the City taking the above actions. The contractor, upon written notice of
any defect or non-conformance, shall have 10 calendar days to make corrections, unless the
City agrees that the correction will require more than 10 calendar days to correct.
Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the
City shall have the right at any time to direct the Contractor to suspend its performance, or any
designated part thereof when in the interests of the City. If any such suspension is directed by
the City, the Contractor shall immediately comply with same.
15.02 In the event the City directs a suspension of performance under this section, through no fault of
the Contractor, if the suspension is lifted other than by Termination, the City shall pay the
Contractor as full compensation for such suspension the Contractor's ordinary and reasonable
costs, actually incurred and paid, of:
(1) demobilization and remobilization, including such justifiable costs paid to subcontractors
(cost categories and markups limited to those set forth in Section 13.0? above);
(2) preserving and protecting work in place;
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(3) approved storage of materials or equipment purchased for the Project, including
insurance thereon; and
(4) substantiated extended field office overhead (but no home -office overhead).
15.03 The City may order suspension of the Work in whole or in part for such time as deemed
necessary because of the failure of the Contractor to comply with any of the requirements of this
Contract Agreement, and the Contract Agreement's completion date shall not be extended on
account of any such suspension of Work.
When the City orders any suspension of the Work under this Section 15.03, the
Contractor shall not be entitled to any payment for Work which the Contractor performs
after notice of suspension and/or during the suspension period and shall not be entitled
to any costs or damages resulting from such suspension.
15.04 The City's rights under this section shall be in addition to those contained elsewhere in the
Contract or provided by law.
The City may terminate the Contract in accordance with the following terms and conditions:
16.01 Termination for Convenience. The City may, when in the interests of the City, terminate
performance under the Contract by the Contractor, in whole or in part, for the convenience of
the City. The City shall give written notice of such termination to the Contractor specifying when
termination becomes effective. The Contractor shall incur no further obligations in connection
with the work so terminated, other than warranties and guarantees for completed work and
installed equipment, and the Contractor shall stop work when such termination becomes
effective. The Contractor shall also terminate outstanding orders and subcontracts for the
affected work. The Contractor shall settle the liabilities and claims arising out of the termination
of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right,
title and interest under termination orders or subcontracts to the City or its designee. The
Contractor shall transfer title and deliver to the City such completed or partially completed work
and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has
in its possession or control. When terminated for convenience, the Contractor shall be
compensated as follows:
(1) The Contractor shall submit a termination claim to the City specifying the amounts due
because of the termination for convenience together with costs, pricing or other data
required by the City. If the Contractor fails to file a termination claim within six months
from the effective date of termination, the City shall pay the Contractor, an amount
derived in accordance with subsection (3) below.
(2) The owner and the Contractor may agree to the compensation, if any, due to the
Contractor hereunder.
(3) Absent agreement to the amount due to the Contractor, the owner shall pay the
Contractor the following amounts:
(a) Contract costs for labor, materials, equipment and other services accepted under
the Contract;
(b) Reasonable costs incurred in preparing to perform and in performing the
terminated portion of the work, and in terminating the Contractor's performance,
plus a fair and reasonable allowance for direct job site overhead and earned
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profit thereon (such profit shall not include anticipated profit or consequential
damages); provided however, that if it reasonably appears that the Contractor
would have not profited or would have sustained a loss if the entire Contract
would have been completed, no profit shall be allowed or included and the
amount of compensation shall be reduced to reflect the anticipated rate of loss, if
any;
(c) Reasonable costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to Subsection (3)(a) above —if contingent
assignment of such contracts has not been elected as provided herein —shall not
include amounts paid in accordance with other provisions of the Contractor. This
clause is subject to and the Contractor shall be limited by the City's rights to
direct the replacement of subcontractors under Section 12.01.
The total sum to be paid the Contractor under this Subsection (3) shall not exceed the
total Contract Price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper equipment or materials,
or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to
disobey applicable law, or otherwise commits a violation of a material provision of the Contract,
then the City, in addition to any other rights it may have against the Contractor or others, may
terminate the performance of the Contractor, in whole or in part at the City's sole option, and
assume possession of the Project site and of all materials and equipment at the site and may
complete the work.
In such case, the Contractor shall not be paid further until the work is complete. After
Completion has been achieved, if any portion of the Contract Price, as it may be modified
hereunder, remains after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such remainder shall belong
to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost.
This obligation for payment shall survive the termination of the Contract.
In the event the employment of the Contractor is terminated by the City for cause pursuant to
this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that
such termination was without cause, such termination shall thereupon be deemed a Termination
for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply.
16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in
part, for non -appropriation of sufficient funds to complete or partially complete the Project,
regardless of the source of such funds, and such termination shall be on the terms of Section
16.01.
16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or
provided by law.
Section 17. INSURANCE
17.01 Contractor shall be responsible for all damage to person and or property resulting from its
negligent acts, reckless or intentional misconduct, errors or omissions or those of their
subcontractors, agents or employees in connection with such services and shall be responsible
for all parts of its work, both temporary and permanent.
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17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract
Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to
the minimum requirements set forth in this Contract Agreement. Contractor shall not commence
work until the required insurance is in force and evidence of insurance acceptable to City has
been provided to, and approved by, City. An appropriate Certificate of Insurance shall be
satisfactory evidence of insurance. Until such insurance is no longer required by the Contract,
Contractor shall provide City with renewal or replacement evidence of insurance at least 30
days prior to the expiration or termination of such insurance.
17.03 Workers' Compensation/Employer's Liability Insurance
Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $1,000,000 for each accident.
General Liability Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
Automobile Liability Insurance
Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person
and not less than $1,000,000 for each accident, and with property damage limits of not less than
$1,000,000 for each accident.
17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to
evidence such coverages. Except for workers compensation, the insurance policies shall name
the City as an additional insured, and shall contain a provision that such insurance shall not be
canceled or reduced with respect to by coverages or endorsements without 30 days' prior
written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage.
17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any
remedy provided to the City by any insurance maintained by the Contractor shall be in addition
to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of
Contractor) available to the City under the Contract or otherwise.
17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve
Contractor from responsibility to provide insurance as required by this Contract Agreement.
17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s)
before City signs this Contract Agreement.
17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a
material breach upon which City may immediately terminate or suspend this Contract
Agreement. In the event of any termination or suspension, City may use the services of another
consultant or consultants, without City's incurring any liability to Contractor.
17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or
part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or
renew the insurance. City may offset the cost of the premium against any monies due
Contractor from City.
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17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice
for any change, cancellation, or non -renewal. Such Certificates shall contain the following
wording:
"SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS
PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN."
If the insurance policies expire during the terms of the Contract, a renewal certificate or binder
shall be filed with the City at least 30 days prior to the renewal date.
17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk
builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the
full replacement cost of the completed project. This coverage shall name City as an additional
insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in
the Work, and must be procured from an insurer licensed to do business in the State of Texas
with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited
to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or
damage, including theft, vandalism and malicious mischief.
Section 18. PERFORMANCE AND PAYMENT BONDS
18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance
Bond meeting the standards specified in the Contract Documents, on the forms provided by the
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price.
18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not
by way of limitation, any Performance Bond, Payment Bond, or Maintenance Bond shall be
written through a reputable and responsible surety bond agency licensed to do business in the
State of Texas and with a surety which holds a certificate of authority authorizing it to write
surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on
Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the
amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to
qualify, the net retention of the surety company shall not exceed the underwriting limitation in
the Circular and the excess risk must be protected by co-insurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section
223.10 - Section 223.111 and the surety company shall provide the City with evidence
satisfactory to the City, that such excess risk has been protected in an acceptable manner.
18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if,
at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if,
for any reason, such bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five days after the receipt of notice from the
City so to do, furnish an additional or replacement bond or bonds in such form, amount, and
with such surety or sureties as shall be satisfactory to the City. In such event, no further
payments to the Contractor shall be deemed to be due under the Contract until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas
agent whose name shall be listed in the prescribed space on the forms provided by the City for
all bonds required by the City, or otherwise listed therein if the form of the Bond is not
prescribed by the City.
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Section 19. PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof,
which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made
available to the City and/or its consultants for inspection and copying upon written request by the City.
Furthermore, said documents shall be made available, upon request by the City, to any state, federal or
other regulatory authority and any such authority may review, inspect and copy such records. Said
records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence,
minutes, memoranda, tape recordings, videos, or other writings or things which document the Project,
its design, and its construction. Said records expressly include those documents reflecting the cost of
construction to the Contractor. The Contractor shall maintain and protect these documents for not less
than three years after completion of the Project, or for any longer period of time as may be required by
law or good construction practice. The Contractor further agrees to include these provisions in any
subcontracts issued by him in connection with this Contract Agreement.
Section 20. APPLICABLE LAW
The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this
Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such
litigation shall be litigated only in a non -jury hearing in Collin County, Texas.
Section 21. SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives to
the other party hereto and to successors, assigns, executors, administrators or other representatives of
such other party in connection with all terms and conditions of the Contract. The Contractor shall not
assign the Contract without prior written consent of the City.
Section 22. MISCELLANEOUS PROVISIONS
22.01 Construction Permits. The City hereby agrees to waive the charge for aCity-issued building
permit for this Project. However, the Contractor is responsible for obtaining all permits or fees
otherwise required of the Contractor by the Contract Documents, or permits and fees
customarily the responsibility of the Contractor.
22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State
and local laws, ordinances, rules and regulations of any authorities throughout the duration of
the Contract. The Contractor shall be responsible for compliance with any such law, ordinance,
rule or regulation and shall hold City harmless and indemnify same in the event of non-
compliance. Contractor further agrees to abide by the requirements under Federal Executive
Order Number 11246, as amended, including specifically the provisions of the equal opportunity
clause.
22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable
state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or
expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay
any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that
the above sections are included in all subcontracts and sub -subcontracts, and shall ensure
withholding on out of state sub and sub -subcontractors to which withholding is applicable.
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22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the
following:
If to the City:
City of Anna
Attn: City Manager
111 North Powell Parkway
P.O. Box 776
Anna, Texas 79406
If to the Contractor:
Section 23. ENTIRE AGREEMENT
Aside from duly authorized Change Orders, any modification to this Contract Agreement must be
supported by an additional, articulated consideration, and must either be in writing, executed by the
parties hereto, or, if made orally, should be confirmed in writing, which writing should state the
consideration which supports the modification. Failure to confirm an oral modification in writing shall
constitute a waiver of any claim for additional compensation with regard to the oral modification.
Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in
Section 14 herein.
Section 24. SEVERABILITY
If any term or condition of the Contract or the application thereof to any persons) or circumstances is held
invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without
the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be
severable.
Section 25. WAIVER
Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or
subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No
term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in
writing, signed by the parties hereto.
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IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under
their respective seals on the day and year first written above.
CITY OF ANNA, TEXAS
Philip Sanders, City Manager
ATTEST:
Natha Wilkison, City Secretary
(SEAL)
(Contractor)
BY:
ATTEST:
SECRETARY
(SEAL)
(name and title of authorized representative)
j:\clerical\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreement.doc CA-24 Contract Agreement
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IVh•. Philip Sanders, City Manager
The City of Anna
1 I I North Powell Pkwy
Anna, Texas 75409
6517 Mapleridge
Houston, TX 77081
T. 713.432.7727
F. 713.432.0120
January 9, 2014
Re: Commercial Housing Development in downtown Anna, Texas
Dear Mr. Sanders,
The Brownstone development team ("Brownstone") is proposing to develop an approximately
100-unit rental housing community in Anna, Texas. The following is a summary of the proposed
housing development and request for funding assistance from the City of Anna through its
Economic Development Corporation.
I. Proposed Development: Anna Grain Apartments
Anna Grain Apartments will be a residential community comprised of approximately 100-units.
We have contracted to purchase available land located at 205 South Highway 5 in downtown
Anna. The site, which aims to revitalize over four acres of commercial manufacturing area, is
adjacent to the city 's fire department and located in close proximity to nearby downtown
amenities. In addition, Anna Grain Apartments seeks to establish a retail/commercial component
that will front Highway 5 and may include restaurants, shops, and other retail facilities that can
benefit all the citizens of Anna.
As currently modeled, Anna Grain Apartments will consist of high density 1-bedroom/1-bath
units, 2-bedroom/2-bath units, and 3-bedroom/2 bath units and will appeal to various income
levels including market rate tenants. Anna Grain Apartments will comply with all applicable
accessibility standards and Brownstone plans to affirmatively market to veterans through direct
marketing. Ultimately, the proposed development will include common and unit amenities that
are tailored to meet the needs of its tenants.
1
The City of Anna, TX
January 9, 2015
The common amenities may include:
• fall perimeter fencing
• gazebo tiv/sitting area
• furnished fitness center
• business center and mail room
• furnished community center with enclosed community sun porch
• green amenities that promote energy and water conservation
• children playgrounds
• barbeque grills
• outdoor recreation areas
• library and computer room
• laundry room
The unit amenities may include:
• covered entries
• nine foot ceilings in the living room and all bedrooms
• ceiling fixtures in all rooms
• ceiling fans in bedrooms
• laundry connections
• storage rooms and closets
• covered patios
• high speed internet connections to all units.
• energy star or equivalently rated kitchen appliances
• microwave ovens
• self-cleaning ovens
• refrigerators with icemakers
The estimated total investment of the development will be approximately $14,206,836.00.
II. Incomes of the Development
The income levels for the rent restricted units are based on the area medium income (AMI) in the
Anna area. The development contains set -asides for a variety of income levels that may include
30% AMI, 50% AMI, 60% AMI as well as Market Rate (non -income restricted) units.
Brownstone intends to rent the 100 units at Anna Grain Apartments based on the following:
2
The City of Anna, TX
January 9, 2015
Unit Distribution by Income Level
Nine (9) Units at 30% AMI
Eighteen (18) Units at 50% AMI
Sixty -Three (63) Units at 60% AMI
Twelve (10) Units at Market Rate
Rent Limits on Rent Restricted Unit and Income Level
1 Bedroom 2 Bedroom 3 Bedroom
30%AMI $382 $459 $529
50% AMI* $637 $765 $883
60% AMI $765 $918 $1059
Income Level Limits
Income levels are based on the number of household members in each rental unit. Maximum rent
limits for a four to five person family in a three bedroom apartment can range from $20,370 to
$58,720 depending on the AMI level. Market rate units have no income level limit.
III. Experience of Development Team:
The Brownstone development team is a family owned and operated real estate development
group that was formed in 1971 by William L. (Bill") Brown. Over the past 40 years Bill's
affiliated companies have planned, developed and constructed over 11,000 housing units. Over
3,000 of those units have been developed in partnership with Bill's three sons (Jed, Doak & Wil)
and Jeremy Mears since 2005.
The Brown family members and Jeremy Mears have worked diligently to create a team of real
estate professionals for development and construction. Brownstone is served by capable project
managers, construction managers, project superintendents, and office staff. The complete group
of partners, employees and consultants bring extensive experience and broad knowledge to the
Brownstone group's team. Brownstone intends to use these relationships and quality design in
the creation and construction of Anna Grain Apartments. Please see attached power point
describing the Brownstone development team and portfolio of its recent developments.
3
The City of Anna, TX
January 9, 2015
IV. Funding Request:
The Brownstone development team has formed a limited partnership called Anna Grain
Apartments, Ltd. The partnership recently submitted a pre -application to the Texas Department
of Housing and Community Affairs ("TDHCA") for an allocation of 2015 9% housing tax
credits in connection with the proposed development Anna Grain Apartments. The tax credit
final applications are due into TDHCA on or before 2/27/2015. TDHCA is the agency in Texas
that administers several federally funded housing programs including the housing tax credit
program. The tax credit application and selection process for housing tax credits is highly
competitive. Without the award of housing tax credits, the Brownstone development team will
not be able to move forward with Anna Grain Apartments.
The application scoring process is point based. Those applications receiving the highest score
are awarded the housing tax credits. One of the more important point based categories in the
application scoring process is a commitment of development funding by a local political
subdivision. A local political subdivision in this case is the City of Anna or one of its
instrumentalities such as its Economic Development Corporation ("EDC"). The amount of the
commitment of development fiinding is determined by the population size of the community
where the development is located.
Anna has a population of approximately 8,085 based on the 2008-2012 ACS 5-year data set and
would require $1,212.75 per rent restricted unit. Anna Grain Apartments will have 90 rent
restricted units out of the 100 units, so the total required development funding will be around
$110,000 (note that this is rounded up slightly 90 x 1,212.75 = 109,147.50).
In order to be competitive in the housing tax credit cycle and comply with the rules, this
development funding must be provided in the form of a loan with an interest rate no higher than
3% per annum, a loan term of 15 years, and a minimum amortization period of 30 years. We are
therefore respectfully requesting a loan commitment in the amount of $110,000.00 from the City
of Anna's EDC to be used to support the funding requirement for Anna Grain Apartments.
The Brownstone development team appreciates the opportunity to submit this project summary
and loan request, and looks forward to working with the City of Anna and its EDC in developing
a quality housing and retail development in your downtown community's revitalization zone.
Very truly yours,
Brownstone Affordable Housing, Ltd., a Texas limited
partnership
By: Three B Ventures, Inc., its general partner
By: ]eremy ,dears
Jeremy Mears, Vice President
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ANNA GRAIN MPARTIMEN�TtS
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ANNA ISRAIN APARTMENTS
Commercial/Retail Concepts
High Density Apartment Concepts
stone
Since 2005, tie Brownsto�te Cotnpanies %rave
contracted for more than $330 miffion dollars
wortfi of residential developments tfirongfiont
7e�as and tfie Sontfieast, consisting of 35
000 units
developments surpassing �,,
brownstone Construction, Ltd.
�rownstoneAfforda6Ce 9fousing, Ltd.
�rmnstoneArchitects C'lanners, Inc.
GesCZe %oCCeman Associates, Inc.
Sam L. Brmvn was born and raised in 914idland,
Texas. Megraduatedfrom WidlandMighSchooC received
his Bachelor of Arts Degree in Architecture from the
university of Arizona in 1966, and his Wasters of
Architecture from Rice university in 1967. In 1971
Wi(Cnam L. Brown ('Bill) fonned his first real estate
cornpanny. Over the past 40 years Bid's affiliated
companies have planned, developed and constructed over
11,000 housing units. Mr. Brown's conr6inedexpertise as
an architect, planner and builder has created a
pleasurable blending of architecturaldesign, sensi6le land
planning, landscaping, andutilization and preservation
of naturalenvironments.
9edA. Brown joined the Brownstone companies in guise of 2007 after working for n nri�ed--use
development cornpa�ry in Gnredo, Texas fornearly 1S years. �edoffices in Laredo, andspends much
of his time overseeing projects throughout central and south 7elCas.ifis focus is on site development
planning forsirngle and multi farni y residentialalong with commercialdevelopment. ,fed has taken
the lead for Brownstone on abatement and demolition projects as well as Brownstone's marketing
and pu6lic relations. ,fed received his Bachelor of Arts in Warketing from the university of Texas
atAustin in 1991. 9-Ce completedgraduate business schoollevel courses in marketing, management
and finance at Laredo State university (now krnowrr as Texas q(STw International university)
during 1991 and 1992 before entering the workforce on a full-time basis in 1993. A veteran in real
estate development and construction, prior to joining Brownstone ,fed was the project manager for
commercial offices, industrial warehouses and residential homes. Me was also the project manager
on over a dozen subdivisions including hundreds of acres and lots.
r
DoakD. Brown joined the Brownstone team on a fufftime basis
in 2009. Yfe is responsible for legal, development and finance
matters for the Brownstone companies. (Doak came to the
Brownstone companies from the law firm of Campbell GT, Wiggs,
Q P.C. in 9fouston, where lie was a shareholder specializing in
transactional real estate law. Yfe was Brownstone's outside
counsel for many years and was involved in all facets of the
Brownstone companies' real estate transactions. Doak received
his Bachelor ofArts in Economics from the university of Texas
at Austin in 1995 and his (Doctor of Jurisprudence from the
university of ifouston Law Center in 1999. Yfe was licensed to
practice law in the State of Texas in 1999. Doakis a member of
' the real estate section of the Texas State Bar.
'Wil'C. Brawn Brings his expertise in construction management to the Brozviistone Group. ZViI
earned his Bachelor of Science in Coristriu:tion Science from TexasAc�7'M university iri 2000. Nil
spent four years working with national development companies that specialized in multi family
housing. (During those years, he supervised the construction of over 1,000 units, and managed all
aspects of the construction process. In 2005, Nil joined Brownstone with the goal of merging his
construction knowledge with the skills and eVerience of his partners. WWil's acumen in the
construction industry has served Brownstone well and he has supervised the construction of over
21 projects. Wife 'Wil is increasingly involved in the development aspects of Brownstone's mufti-
faini y business, he continues to focus his skillandenergy primarily on maintaining the construction
excellence that others have come to expect front Brownstone.
Jeremy Meats brings more than 17 years of successful real estate, construction, and
development experience to the Brownstone companies. In 1996, Jeremy earned his
Bachelor of Science in Construction front the `university of Louisiana at Monroe.
Jeremy spent the first eight years of his career working with nationalluxury multi-
fanniCy developers throughout Daffas, Austin, and San Antonio. (During these years
Jeremy speciaCzed in Construction Management and Estimating for over 3,000
apartment units. In 2004, Jeremy startedhis own company calledMears oevelopment.
Viis company worked in the development and construction of new communities, and
also the rehabilitation of existing apartment communities throughout Texas. In 2006,
® lire joined forces with the Brownstone companies to focus on townhome and single-
fami y developments in San Antonio. Recently, Jeremy opened an office for the
Brownstone companies in Monroe, Louisiana to focus on multi fanri y development
and construction in Louisiana, Mississippi and other nearby states. This office will
be focusing on market rate multi family developments and affordable multi fainily
developments financed by housing tax credits and historic tax credits.
Leslie 9follematt is nn irrdeperrderrt consultant specializing in
�_ � the development arrdfinancing of multi family housi►ig. Leslie
Hhandles allfacets of development financing, including but not
limited to project feasibility analysis, budget preparation,
interface with debt and equity partners, draw administration
(1 and partnership accounting services. (Prior to her consulting
I CJ career, she worked in the banking industry for 15 years and
� also with the Texas (Department of Mousing and Conrnrunity
Affairs as the Manager of Real Estate Analysis. From 1997
to the present, Leslie has assistedin securing financing forover
forty developments.
Brownstone Affordable dousing, Line, as the development company of the Bnmvttstone companies, tuts successfudy completed
orcommenceddeveloptnent andpre-development on the following mired -income rentafltousing communities within the last nine years.
CO9KtPGE�EtD
• San Diego CreekApartments (72 `Units)ACiee, ?X
• Eastetfing'Village (48 vnits)ACce, V
• 1 Lomas Ninke Seitior'Vill'age (80 4lnits)'Victoiia, 7X
• MamaViifage(128units)WcAflen,4X
• 'Valley'View Estates (148 `Units) (PortArthur, 4Y
• 9?§tama'Vil(age Tfiase 11(74 Vnits) 9efcAllen, cDC
• Sunset 7emace (100 Vnits) tNtan', 7X
• LakgviewTalins (86 Vnits)(YortArthur, 7X
• 4'earlandSeniorNillage (12 6Vnits)2'eadaitd, VC
• 2aikyiew Terrace (100 `Units) 4'(tan•, ZY
• 9feights at Corraf(80Vnits)Vngsville, V
• Citnis Gardens (148 `Units) Brownsville, V
• Gary Street 4I'illage (35Vnits)'Wittns6oro, GA
• Aeolian SeniorApartments (60 Vnits)'Vickskrg, 94 S
• BfoontsApartments (30 Vnits)7allulah, .GA
• Carr Ceti trafApartments(72Yhtits)'Viek{6urg, 9NS
va�DE�, coNs�xvc-1roN
• EfmStreet'Village (34 vnits)7allulafr, LA
• �jverBank'Village (IS2 knits) Garedo, 27C
• Canton'Viflage (80'Uitits)Canton, 7X
• ,4ustin'Village (30 units) Bastrop, LA
• c1'restonAparttnettts (40 vttits) 9Kagnofia, Al2,
• Sunset 7enace Senior'Village (80 units) r1'harr, 7X
• 94adison Oakj (60 vnits)'Winns6oro, 7X
Brownstone Construction, Ltd. has contractedfor more than $330 rnimrnt dollars zvortfr of residentiaCdeveCoprnents tfrroughout
Te iCas and the Southeast, consisting of 35 developments and over 4, 000 units since 2005.
�IYE4t,CONST1e,21CIiON
�ECrn Street Village (34 1Jnits)Tnt7ufah, GA
�'verBnrrk'Village (152 4lnits)Lnredo, rLY
Contort Village (80 YJnits) Cnntrnr, 7X
Ci6oCo Crossing (236 `Units) Laredo, ZY
Austin Village (30 units) Bastrop, LA
Gn Esperar:vn �DeCri�'o (60 2Jnits) ri�}'o Grande City, 7X
(PrestonApnrtments (40 units) MagnoCra, Aril,
Sunset Terrace SeniorViClage (80 knits) (Pharr, `IX
La
rEsperatrza rDeCACton (80 2)nits)ACton, V
Madison Oaks (60 4Jnits) 110nns6oro, TX
CO�iBG�ErD
San Diego CreekApartments (72 2Jnits)ACue, `LY
San Ga6rieCSeniorViKage (100 `Units) Georgetown, EY
�Ensteding Village (48 `(Jnits)ACtce, TX
ornasNinkeSeniorVillage (80 `Units) Victoria, ZY
1 tama Village (128 `Units) McAllen, VC
Gu Vreeze (Plaza 11(148 units) BortArthur, TX
BCue6onnet Senior Village (36 Vnits)ACarno, ZY
l trtma Village (Phase 11(74 Vnits) McAllen, 7X
Sunset Terrace (100 Vnits) (Pharr, TX
Bluffs Landing SeniorViRage (144 `Onits) (RputufWpck TX
Gu greeze (Plaza I (86 Vnits) (PortArthur, TX
Creekside ViCCas (144 Vnits) Buda, ZY
VilTn r at Beaumont (36 Vnits) McAllen, ADC
(PearlandSerriorViKage (126 Visits) (Pe adand, V
(ParftykivTetrace (100Viiits) (Pftarr, ZY
7feights at CorraC(80 `Units) Kingsville, TX
BelmontSenior Village (192 Vnits)Leander, TX
Citrus Gardens (148 Vnits) Brownsviffe, V
Casa W'cardo (60 Vnits) Kingsville, `zY
Menit Lakeside (176Vnits)Schertz, TX
Coft Crossing (156 units) Laredo, ZY
Brae6ure Village (140 Vnits).7fouston, rJX
Gary Street Village (35 units) Winnsboro, GA
AeoCtan SettiorApartments (60 Vnits) Vicksburg, MS
BCoontsApartments (30 2Vnits)TaChdah, GA
The Y?fserue at Traditions (240 Vnits) Bryan, 4X
Merritt Legacy (208 Vnits) Leander, TX
CarrCentraf.Apartrnents (72 Vnits) Vicksburg, MS
Guff ConstArrns (160 vnits)9fouston, TX
Brownstone Architects a Planners, Inc., as tfie design department of Me Bronmstone companies, (ras successfully completed
or comrnenceddesign andpre-design on t(re following multi farni(y (rousing communities within Me last nine years.
COSVftPLE2EtD �ESIGN,57AyYE
• Snn Diego CreekApnrtrnents (72'Units)A(ice, 7Ji
• Easterling Vifiage (48 vnits)A(ice, rDC
• 0homas Ninke Senior Village (80 Vnits) Victoria, ZX
• Mama Vi(fage (128 `Units) McA(fen, ZX
• Val(eyView Estates (148'Units)(PortArtfiur,T;Y
• BCte6otmetSenior Vi((age(36Vnits)A(amo,7X
• W�tama'ViKage (P(tase 11(74'Units)WcAllen, V
• Sunset Terrace (100'Units) (P(arr, TX
• Lakvierv(Palins(86Vnits) (PortArt6ur,TX
• 'Villas at Beaumont (36 `Units) McAQen, 4JC
• (Pear(nndSenior'Village (126 units) (Peadand `Z1
• 4'arkpiewTerrace (100 units)(P(utrr, VC
• .9feig(ts at Corraf(80'Units) Vngsvilre, TX
• Citnts Gardens (148'Units) Brownsviffe, 9 X
• Casa (Ricardo (60'Units) xingsviKe, `IX
• S(i(o(i Crossing (156'Jnits) Laredo, T;Y
• Gary Street'Vif(age (35 Units)'POtuts6oro, LA
• Aeofian SeniorApartetents (60 units) Vicks6urg, AS
• B(oomsApartments (30 vnits)Taftla(r, LA
• Tie 9?fserve at Traditions (240 units) Bryan, ZY
• Carr CentrnfApartments (72 `Units) Nicksdurg, �'
• E(nt Street Vif(age (34 `Units) Talatla( LA
• VverBankViffage (152 Vnits) Laredo, TX
• Canton Village (80'Urrits) Canton, TX
• Ci6o(o Crossing (236 units) Laredo, TX
• Austin' Vi(fage(30'Uuits)Bastrop,LA
� BKESIGNS`�y`�
• (PrestonApnrtrnents (40 `Units) SYingnofta, A�,
• Suuset Terrace Senior �Vifinge (80'Units) (P(nrr, 2X
• Wadtson Oaks (60'Units) ` Onnsboro, V
st
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CONTACT:
,�eremey 9Kears, 'Vice rYresident
BrownstoneAffordable 9fousing, Ltd.
GA an W S 1�giona Office,
1000 GouisvilleAvenue
9Konroe, LA 71201
jetcn7y@tfie6rmvnstomgroup.net
(318) 855-5215 office
�Doak�D. Brown, Rice 1r'resident
BrotvrrstoneAffordable 3fousing, Ltd.
`LY Tome Office
6S17 W apleridge
ifouston, V 77081
cloak@t(re6rownstonegroup. net
(713) 432-7727 eat. 208