HomeMy WebLinkAbout2015-01-27 Special & Regular Meeting
CITY OF ANNA AGENDA NOTICE – CITY COUNCIL SPECIAL
TOWN HALL MEETING
January 27, 2015 7:30 pm – Anna High School Auditorium
The City Council of the City of Anna will meet in a Special Town Hall Meeting at 7:30
pm, January 27, 2015, at the Anna High School Auditorium, located at 1107 Rosemond
Parkway, regarding the following items.
1. Call to Order
2. Roll Call and Establishment of Quorum.
3. Briefing related to multi-family development projects proposed by Bonner
Carrington, Palladium USA, and Brownstone Ltd. (City Manager)
4. Receive public comment regarding multi-family development projects proposed
by Bonner Carrington, Palladium USA, and Brownstone Ltd.
5. 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 23, 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.
01-27-15 CC Special Town Hall Mtg Agenda.doc 1 Posted 01-23-15
CITY COUNCIL MEETING
SIGN IN SHEET
DATE:
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Forin. Please hand
the Opinion/Speaker Registration Form. to the City Secretary prior to the start of the City
Council Meeting.
NAME
ADDRESS
3�
�..
Y{OUR}HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
January 279 2015
6:00 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 6:00 p.m., January
27, 2015, at the Anna City Hall Administration Building, located at I I I North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Roll call and establishment of a quorum.
3. Invocation and Pledge of Allegiance.
4. Consider/Discuss/Action approving a resolution regarding setting the dates,
times and location of public hearings 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)
5. Consider/Discuss/Action approving resolution regarding the purchase of an
easement from QJR Partnership LTD. (City Manager)
6. Consider/Discuss/Action approving a resolution authorizing the City Manager
to execute a contract to purchase a dump truck for Public Works. (Joseph
Johnson)
7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager
to execute an agreement for engineering services with Birkhoff, Hendricks,
and Carter, LLP for the 2014 Texas Community Development Block Grant
Program Project. (Joseph Johnson)
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.
01-2745 CC Regular Meeting Agenda.doc I Posted 01-23-I5
8. Consider/Discuss/Action regarding a resolution approving the City Manager's
annual performance review and Agreement. (City Council)
9. 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 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 multi -family developments;
c. City Manager Annual Review.. (Tex. Gov't Code �551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
10. Adjourn.
This is to certify that I, Natha Willcison, City Secretary, posted this agenda at
a place readily accessible to the public at the Anna City Hall and on the City
Hall bulletin board at or before 5:00 p.m. January 23, 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.
01-27-15 CC Regular Meeting Agenda.doc 2 Posted 01-23-I5
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Call to order.
SUMMARY:
STAFF RECOMMENDATION:
Item No. 1
City Secretary'S use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 27I 2015
City Manager
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Roll Call and Establish a Quorum.
SUMMARY:
STAFF RECOMMENDATION:
Item NO. 2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 27, 2015
City Manager
CITY OF ANNA, TEXAS
Item NO. 3
City Secretary's use only
City Council Agenda
Staff Report
Date: January 27, 2015
Staff Contact: City Manager
Exhibits:
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item NO. 4
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
January 27, 2015
Maurice Schwanke
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution initiating proceedings, 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.
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 28 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 is currently 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.
The Resolution (if approved) would initiate or begin the annexation process for the area
shown on the attached Exhibit A. If the Resolution is adopted, the City will schedule two
public hearings that will be held during City Council Meetings on March 10th and March
24th of 2015. A final vote on the annexation could occur during the April 14th Council
Meeting.
Prior to annexing properties that are appraised for property tax purposes as land for
agricultural, wildlife management use, or as timber land (as defined in Subchapter C, D,
or E Chapter 23, Tax Code) the City is required to offer to make a development
agreement with the landowner. Such a development agreement would.
1) guarantee the continuation of the extraterritorial (outside the city limits) status of
the property for a period of time; and
2) authorize the enforcement of all regulations and planning authority of the city that
do not interfere with the use of the property for agriculture, wildlife management,
or timber.
The City could elect to proceed with annexation of property with a qualifying tax
exemption if the owner declines a development agreement offer extended by the City.
The attached Resolution directs the City Manager to offer the Development Agreement
referenced in the Resolution as Exhibit B to owners of property with the agricultural
exemption located within the area proposed for annexation. The proposed
Development Agreement (if executed by the property owner & approved by the
Council) would guarantee that the property would remain outside the city limits for one
1 ear. Prior to adopting the Resolution, the Council may adjust the term of the
agreement (Exhibit B, Section 5) as it deems appropriate. At the conclusion of the term
of the agreement, the property owners would consent to voluntary annexation.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR
THE ANNEXATION OF PROPERTY AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF
OF THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF S AID
PROPERTIES WITHIN THE AREA PROPOSED FOR ANNEXATION
WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the
City Council of the City of Anna wishes to consider annexation of certain property described as
an approximately 64.1 acres of land located in the Guinn Morrison Survey, Abstract No. 559 and
the Hiram Brinlee Survey Abstract, No. 30, as depicted in Exhibit A; and
WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of
Anna, Texas; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section I.
The City Council of the City of Anna hereby proposes to annex the property Shown in Exhibit A.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
1St Public Hearing —March 10th , 2015 at 730 p.m. in the City Council Chambers at the Anna
City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2"d Public Hearing —March 24th , 2015 at 7:30 p.m. in the City Council Chambers at the Anna
City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
Section 3.
The City Council hereby directs the City Manager to prepare a service plan that provides for the
extension of full municipal services as required and appropriate for the area shown in Exhibit A.
Section 4.
The City Council hereby directs the City Manager to offer on behalf of the City, to make the
Development Agreement, attached hereto as Exhibit B, with the owners of the properties that
are appraised for property tax purposes as land for agricultural, wildlife management use, or as
timber land (as defined in Subchapter C, D, or E Chapter 23, Tax Code). The City is required to
offer to make a development agreement with the landowner located within the area proposed
for annexation.
PASSED by the following vote of all members of the City Council as present on this the 27th day
of January, 2015.
ATTEST:
City Secretary, Natha Wilkison
rel7;lci•1�L
Mayor, Mike CI ziL
EXHIBIT B
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
Government Code by and between the City of Anna, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County,
Texas, in the Guinn Morrison survey abstract number 559 and the Hiram Brinlee Survey
Abstract number 301 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 Agreement; 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 extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily
institute proceedings to annex the Property, and further agrees not to include the Property in a
statutory annexation plan for the Term of 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
Fax 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 bungs on
the Property that would require a building permit if the Property were in the city limits, until
the Property has been annexed into, and zoned by, the City. The Owner also covenants and
agrees that the City's SF-E—Single Family 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 43.052, requiring a municipality to use certain statutory procedures
under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and
claims that they may have under Section 43.002(a) (2) 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)(13) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the
same manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is one year 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 annexed 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 determines that any covenant of this Agreement
is void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full 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 }
This instrument was acknowledged before me on the _day of
City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
2015, by Philip Sanders,
This instrument was acknowledged before me on the _day of 2015, by
, Owner 1.
Notary Public, State of Texas
Owner 2
Printed Name:
THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of
, Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name.
THE STATE OF TEXAS}
COUNTY OF
}
This instrument was acknowledged before me on the _day of
, Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name.
THE STATE OF TEXAS}
COUNTY OF }
2015, by
This instrument was acknowledged before me on the _day of 2015, by
Owner 4.
Notary Public, State of Texas
tam—
-; -
�fi•1rl�''f'?�?f�
EXHIBIT "A"
li�l. OUN'i1i CI�Ji�R Y.t]OP ''
sit I
t
, ,jko
�+ t
•
I
f;
f.,:tFri IF IF
t♦A. IVA
r
/ E;- 14 yVa %.. r oI
AL
4 a4,0
�i1 f AId-
R,A IT
// \
cAtDDaAtAAI
IiDt
tA
FA
FI
ItI
VTiFFaa
VA
OADFS
1 IV
AIJ
t er 1 .i
,g
IAFL
f j r- ( r i
y_i r 3'f'' Nit. - ~_ --
`" SAITr
AD
t y dr 4 A
' 1 O:
xt )'
`� W �,; -
1 f r
fit/ 4 7 s' ,S
�a t r\ 1 }
a
die l
' # I
h .
-'cr
r -- —
r' Li !{ ,rI �A'
.,. i
ti
>" �— , 4
'I si '.
IF
Io
FIIT
IFI
AT
AT
It
FAA IT-
i` '� - APFFT
<^ �FOAL
- h — - -
J jj
CITY OF ANNA, TEXAS
Item No. 5
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
FYhihitc
January 27I 2015
City Manager
Yes
AGENDA SUBJECT: Consider/Discuss/Action approving resolution regarding the
purchase of an easement from QJR Partnership LTD. (City Manager).
SUMMARY: The City has negotiated the acquisition of a water line easement from QJR
Partnership LTD. This easement is necessary for the construction of the Hackberry
Elevated Tower project that is currently under design.
STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution
which authorizes the City Manager to purchase a water line easement from QJR
Partnership Ltd.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE AN
EASEMENT FROM QJR PARTNERSHIP LTD.
WHEREAS, the City of Anna, Texas (the "City") has identified a water line easement
located on property owned by QJR Partnership LTD (the "Easement") that is necessary
for the construction of the Hackberry Elevated Tower project; and,
WHEREAS, the City has obtained an independent appraisal report regarding the value
A the Easement; and,
WHEREAS, the City has negotiated the acquisition of the Easement from QJR
Partnership LTD (the "Easement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
acquisition of the Easement 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. Authorization to Purchase Easement
The City Council hereby authorizes the City Manager to purchase the Easement
attached hereto as Exhibit 1, and incorporated herein for all purposes, for a total sum of
$62,873.49.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27tn
day of January 2015.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
Date: / /2015
Grantor: QJR Partnership LTD.
Grantor's Mailing Address:
9262 County Road 419
Anna, TX 75409-8205
PERMANENT WATER EASEMENT
Grantee: City of Arena, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Arena, Texas 75409 in Collin County, Texas
Grantor's Property: The Grantor's Propert}is a tract of laud located in the F. T. Daffau Survey, Abstract No. 00288, conveyed to
QJR Partnership LTD by deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed
Records, Collin County, Texas, (DRCCT).
Permanent Water Easement: The Permanent Water• Easement ("Easement") is 1.92 acres of propett}� within Grantor's Property, said 1,92 acres
being a strip of land of variable width. A metes and bounds legal description of the Easement is attached as Exhibit A.
Easement Purpose: As more fiully described herein, to construct and use water utility lines below the surface, together with the right of ingress
and egress along, upon and across Grantor's Property and along, upon, over, under, and across Grantor's Properly within the bounds of the
Easement.
Consideration: The sum often dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which ace acknowledged
Uy Grantor.
Grant of Easement: Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and Grantee's heirs, successors and
assigns, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right of construction, installation,
reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated
uses of water utility lines together with all and singular the rights and appurtenances thereto in any way belonging, (collectively, the "Easement
Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and
Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement Rights in Grantee and Grantee's
heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement Rights.
Grantee shall have the right to prevent excavation within the Easement; the right to prevent construction of any and all buildings, structures or
other obstructions which would endanger or interfere with the efficiency, safety, and/or convenient operation of the aforementioned utility lines
and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be
necessary to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
Duration of Easement: The duration of the Easement is perpetual, until all of said facilities shall be abandoned. If abandoned, said Easement shall
cease and all rights herein granted shall terminate and revert to Grantor or Grantor's successors or assigns.
Character of Easement: The Easement is appurtenant to and runs with the title to Grantor's Property, whether or not the Easement is referenced
or described in any conveyance of all or such portion of Grantor's Property.
Binding Effect: This Easement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.
Temporary Construction Easement: Grantee has the right to use up to 20 feet of the surface of the property that is adjacent to the Easement as
shown on Exhibit "A" ("Temporary Construction Easement") as may be reasonably necessary to construct and install the facilities within the
Easement that are reasonably suited for the Easement Purpose. After ftdl completion of Grantee's construction and installation of improvements,
whichever occurs first, the temporary easement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the
Temporary Easement to its previous physical condition if changed by use of the rights granted by this Temporary Construction Easement.
[SIGNA'I'LII2ES PAGE FOLLOWS, REMAINDER OF TI-IIS PAGE TN'I'ENTIONALLY LEFT BLANK]
QJR Partnership LTD.
By:
James D. Rollins
ACICNOWLI;DGMLNT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of , 20 , by who
states under oath that he/she is the owner of Grantor's Property described herein and has the authority to execute this document.
Notary Public, State of Texas
Quincy Rollins
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTX OI' COLLIN §
Th}s instrument was acknowledged before me on the day of , 20_, by who
states under oath that he/she is the owner of Grantor's Property descr}bed het ein and has the authority to execute this document•
Notaty Public, State of Texas
Jeffrey'4V. Rollins
ACKNOWLEDGII4ENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of , 20 , by who
states under oath that he/she is the owner of Grantor's Property described herein and has the authority to execute th}s document.
Notary Publiq State of Texas
Rebecca L. Rollins
ACKNOWLEDGMENT
TIIE STATE OF TEXAS §
COUNTX OF COLLTAT §
Th}s instrument was acknowledged before me on the day of , 20 , by who
states tinder oath that he/she is the owner of Grantor's Property described het•ein and has the authority to execute this document.
Notary Public, State of Texas
09/OS/14
Ti nct 4
FIELD NOTE DESCRIPTION
FOR
PERMANENT VARIABLE WIDTH WATER LINE EASEMENT
OVER, UNDER, AND ACROSS THE PROPERTY OF
QJR PARTNERSHIP LTD
(INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380,
DEED RECORDS OF COLLIN COUNTY, TEXAS)
BEING a strip of land for a permanent variable width water line easement generally 20-feet and 55-feet in
width and being over, under and across a 162.12 acre tract located in the F. T. Daffau Survey, Abstract No.
0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Instrument Number
20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas
(D.R.C.C.T.). Said strip of land being more particularly described as follows:
BEGINNING at a point in the west property line of said 162.12 acre QJR Partnership LTD tract and being in
the east property line of a 50.53 acre tract conveyed to Two-J Partners LLLP by deed recorded in Instrument
Number 20080509000562500, of the D.R.C.C.T., said point being N 58°40'46" E, a distance of 778.69 feet
from a 3/8" iron rod found in the south property line of said 50.53 acre Two-J Partners LLLP tract, said 3/8"
iron rod also being a northeast corner of a 107.52 acre tract conveyed to Q Seminole Anna Town Center, LP
by deed recorded in Instrument Number 20080128000100640, of the D.R.C.C.T. and the northwest corner of
a 26.884 acre tract of land being Creekside Phase 3, an addition to the City of Anna as recorded by
Subdivision Number 88453, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point also being N
49°45'00" W and a distance of 639.76 feet from a 5/8" capped iron rod found in the south property line of
said 162.12 acre QJR Partnership LTD tract, said iron rod being the northeast corner of said 26.884 acre
Creekside Phase 3 addition, and being the northwest corner of a 29.157 acre tract of land being The Falls
Phase 2, an addition to the City of Arma as recorded by Subdivision Number 58550, of the P.R.C.C.T.;
THENCE, N 0044'50" E (North per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the
common property line, a distance of 59.04 feet to a point for a corner;
THENCE, S 48°27'00" E, leaving said common property line, a distance of 328.09 feet to a point for a corner,
said point being the beginning of a curve to the left;
THENCE, along said curve having a radius of 890.00 feet, a central angle of 28°40'58", and an arc distance of
445.54 feet (chord bearing - S 62°47'29" E and chord distance of 440.90 feet) to a point for corner;
THENCE, S 89018'08" E, a distance of 579.24 feet to a point for a corner;
THENCE, S 88059'32" E, being 554eet perpendicular distance from and parallel to the south property line of
said 162.12 acre QJR Partnership LTD tract a distance of 407.24 feet to a point for a corner, said point being
the beginning of a curve to the right;
THENCE, along said curve having a radius of 830.00 feet, a central angle of 17°11'30", and an are distance of
249.04 feet (chord bearing - S 80°23'47" E and chord distance of 248.11 feet) to a point for corner, said point
being the beginning of a curve to the left;
THENCE, along said curve having a radius of 870.00 feet, a central angle of 4°40'52", and an arc distance of
71.08 feet (chord bearing - S 74008'28" E and chord distance of 71.06 feet) to a point for corner, said point
being in the south property line of said 162.12 acre QJR Partnership LTD tract and in the north property line
A a 114.608 acre tract conveyed to Anna 455 Residential LP by deed recorded in Instrument Number
070403000444410, of the D.R.C.C.T., 20
Page 1 of 3
h:\projects\anna\2014111\esmt_p1a1s\desedptionsltract A.doc
09/OS/14
Trrct 4
11-1ENCE, N 88°4632 W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
the conunon property line of said 162.12 acre QJR Partnership LTD tract and of said 114.608 acre Anna 455
Residential LP tract, a distance of 78.48 feet to a 5/8" iron rod found for a corner, said 5/8" iron rod being at
the northeast corner of said 114.608 acre Anna 455 Residential LP tract and at the northeast corner of said
29.157 acre The Falls Phase 2 addition;
THENCE, N 88°59'32" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
the conunon property line of said 162.12 acre QJR Partnership LTD tract and said 29.157 acre The Falls
Phase 2 addition, a distance of 642.62 feet to a 1/2" iron rod found for a corner;
THENCE, N 89°0349 W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
said conunon property line, a distance of 13.58 feet to a corner (no monument found) in the north property
line of said 29.157 acre The Falls Phase 2 addition (plat calls for a 1/2" iron rod),
THENCE, N 89°18'24" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
said common property line, a 5/8" capped iron rod found at a distance of 545.31 feet with an offset of 0.39
feet south, then continuing in all a total distance of 595.31 feet to a point for a corner;
THENCE, N 0°22' 17" E, leaving the said common property lino, a distance of 41.41 feet to a point for a
corner, said point being the beginning of a non -tangent curve to the right;
THENCE, along said curve having a radius Of 910.00 feet, a central angle of 27°00'S3", and an arc distance of
429.06 feet (chord bearing - N 61°57'26" W and chord distance of 425.10 feet) to a point for corner (said call
being a part of the 204eet wide portion of the easement);
THENCE, N 48°27'00" W, a distance of 152.32 feet to a point for a corner (said call being a part of the 20-
feet wide portion of the easement);
THENCE, N 58°39'03" W, a distance of 139.40 feet to the POINT OF BEGINNING, said permanent variable
width water line easement containing 1.92 acres (83,831.32 square feet), more or less.
Also, a tennpor•ary construction easement being 204eet in width and being immediately adjacent to and
parallel with the northern legs of the above described permanent variaUle width water line easement, said
temporary construction easement containing 0.98 acre (42,895.31 square feet), more or less.
1. Bearings and distances cited in this field note description are based on the Texas State Plane
Coordinate System, NAD-83, Texas North Central Zone 4202.
2. Field surveys concluded on August 12, 2014.
3. An Easement Plat of even date herewith accompanies thus Field Note Description.
i
'(�• � F• TF. Date: ��� `� � / .-��7L�'
GARY CLINTON HENDRICKS Gary C. Hendricks, P.E., R.P.L.S.
5073 P.; T.B.P.L.S. Firm No. 10031800
Q
9,LO , Essl 40
�0 Texas Registration No. 5073
OF
„SIJRv�
Birkhoff, Hendricks &Carter, L.L.P.
T.B.P.E. Firm No. 526
11910 Greenville Avenue, Suite 600
Has, Texas 75243
Phone, 214-361-7900
Page 2 of 3
h:\projectslanna\20I411 Resmt�lals\deacriplions\tract d.doc
10080
009Z9900060908006 'ON '1SN1
dill S83N1Nbd POM1
Iry tJ4
t
�t IN N
ono p�lzs et o�
�OOhOnc�^
J II II ii II 060 �g^vj� it II
Z UaQzl.-4UU �vWr.��m0
� caia���vci
O
0
s
tzs
�zQ �
�00n
JO�
o^
co
CL O N
� 00
V) C*4
¢15WNcoV
Ntoan 0
LL: w z O
03 �>
Z
W
N
O
O�OOcjh�O
II cJmO vci
� 1, \
Ln t \ Q
2
cn O
wow \ N
to U x
00 rz
d N Z \
00
Z O W F \\
Z � � h m
S . = W I �r
Z Z W
W to ao
_ALI o \�
p M_
a� z
d-
Z
" o J
t\n S W
T �Zo Q
lil M �-
0CU
W�U
mod
ENO
d-
�o
z
a
LL:
to ,
00
I � Li
� CN
U
^.a._W LO
W
M
tM
W
�
�
CCU
w
p
C.i
O
N
�
>a
U
N
Ob90010008Zt0800Z 'ON '1SNI
dl '�I31N30 NMOl VNNV 3lONIW3S b
W �
� O
LOU N
N C.
N
Q N
W J ilt O
aco
a ao 0
1 Q 04 �ON
Q 3. JS� Owl
(� z co
Z W F=— x 5 M
a�N
Q O U I �
Q� Ul J h
Q fi W(n
fff� X
ry W(�
z rn vi
W o
a- a
9 M
(n Qd�Q Q
Z ZZ
Z_ 0 d' aw
�W}W Ow
U Z V yy
WmWN ZO �~
ZUZ w U
Q a p WW U Z
zao '�' v�aa
oQ0 30 O
zOzaWjE N
¢ V w C O Q
a
wr z
�mz�n da Q
Z
� }u�s3 {, }oaal\s}old\s}oid—}uls3\ltlt�lOZ\ouuy\s}aa[o�d\�H J.3A21VH0 — K/9/6 '03SIA321
CITY OF ANNA, TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 27, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute
a contract for the purchase of a new dump truck from Rush Truck Center using the
BuyBoard Cooperative Purchasing program.
SUMMARY:
A dump truck is a crucial piece of equipment used by Public Works in daily maintenance
operations and during emergency response. It is critical that this equipment remains
operable at all times. The existing dump truck is more than 14 years old and has begun to
have mechanical issues. By standard fleet vehicle practices the truck is due for
replacement.
City staff has procured two proposals; one from Rush Trucl< Center and one from
Southwest International Trucks. The proposal from Rush Trucl< Center is for a Peterbilt
337 and will cost $80,807. The truck proposed by Southwest International is an
International 7300 and will cost $75,204.86. Aside from manufacturer differences and
build quality the trucks are generally comparable. That said, the Peterbilt has a slightly
higher gross vehicle weight rating (GVWR) and slightly higher rear axle weight rating.
After reviewing the specifications and inspecting both trucks, staff has determined that
the Peterbilt, though slightly more expensive, is a better value. The truck has a heavier
build with more attention to detail as it relates to durability in design. This durability
results in a solid, long-lasting truck. Peterbilt also retains its value very well.
The BuyBoard Cooperative Purchasing program ensures that we will get the best price
for the equipment and that we remain in compliance with state law as it relates to
government purchases. Essentially the program has already administered the
competitive bid process for us. The purchase of a dump truck was authorized in an
amendment to the 2014 Fiscal Year (FY 14) budget; however, the purchase was not able
to be completed in FY 14. At the close of the FY 14 budget, and in accordance with the
City's financial policies, the City Manager assigned funds authorized, but not spent, in
the FY 14 budget for the purchase of a dump truck.
Exhibits:
1. Rush Truck Center BuyBoard Proposal 430-13
2. Rush Truck Center Brochure
3. Southwest International BuyBoard Proposal
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Resolution which authorizes the City
Manager to execute a contract and other documents for the purchase of a Peterbilt 337
dump truck from Rush Truck Center through the BuyBoard Cooperative Purchasing
program.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AUTHORIZING THE CITY MANAGER TO PURCHASE A DUMP TRUCK FROM
RUSH TRUCK CENTER THROUGH THE BUYBOARD COOPERATIVE
PURCHASING SYSTEM.
WHEREAS, the existing dump truck is a 2000 model due for replacement under a
standard vehicle replacement schedule, and is in a state of disrepair; and,
WHEREAS, a dump truck is a crucial piece of equipment needed for Public Works
maintenance operations and emergency response; and,
WHEREAS, City staff has proposed the purchase of a new dump truck to replace the
existing dump truck; and,
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
replacement of the existing dump truck with a new and more reliable dump truck for the
purpose of maintenance and emergency operations is in the interest of the residents of
the City of Anna, Texas (the "City"); and,
WHEREAS, the procurement through a purchasing cooperative ensures a competitive
price; and,
WHEREAS, the City has solicited proposals for the procurement of the vehicle from two
separate vendors and found the proposal from Rush Truck Center to be of superior
value; and,
WHEREAS, Assigned Fund Balance is available from the 2014 fiscal year end for the
purpose of equipment purchases, including a dump truck;
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. Purchase Authorization
The City Council hereby authorizes the City Manager to purchase the dump truck from
Rush Truck Center for a total sum of $80,807 consistent with the BuyBoard
Cooperative Purchasing system proposal attached hereto as Exhibit 1. The City
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
Manager is hereby authorized to execute all documents and to take all other actions
necessary to procure the dump truck.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 41
day of January 2015.
ATTEST:
Natha Wilkison, City Secretary
I_1�;1;3i
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
Its-MM _AU"ff
Vendor RUSH TRUG'l� CENTER Date Prepared 1/12/2015
Contact for Vendor: DREWNEUBAUER Phone 83M26-5254
End User: Cily of Al)-Im
End User Contact: Tim Rutledge Phone/Fax (972) .92V 1510
Product Description: Peterhik337
$G3,352.00
OPT#
DESCRIPTION
AMOUNT
RTC-0003
Dump Body
$ 17,538.00
RTC-1059
Lot Insurance
$ 516.00
1t'rC-1060
Floor Plan Interest
$ 524.00
Unpublished Options added to Base price Subtotal "Col 1 + Co/2')-$5,955.00
F: Total of C + D +/- E $ 80,407.00
G: Quantity orderer Units: 1900 x F $ 803407.00
H: BUYBOARD Administrative Fee % $ 400.00
J: TOTAL PURCHASE PRICE INCLUDING (G+H+I) $80,807.00
Peterbilt Model 337
Priced at $80807
2015 Peterbilt 337, Cummins, PX-7, 260HP,
Allison 5 Speed Transmission, Day Cab,
Ledwell, 5 - 6 Yard Dump Body, Stock # 259643
Ledwell 5-6 yard Dump
General
Unit Type New Medium Duty
Make Peterbilt
Model 337
Year2015
Body Type 5 - 6 Yard Dump Body
Body MFG Ledwell
GVWR 33001
Stock Number 259643
Day Cab
Type Day Cab
BBC 108
Suspension Fixed
Interior Color Gray
Exterior
Exterior Color WHITE
Engine
Engine MFG Cummins
Engine Model PX-7
Horse Power 260hp
Torque 660lb-ft
Exhaust Single Vertical
Air Cleaner MFG Donaldson
Chassis
Wheel Base 256 inches
Tires and Wheels
Front Wheel
Steel
Front Tire MFG
Goodyear
Front Tire Ply
16 Ply
Front Tire Size
22.5 inches
Rear Wheel
Steel
Rear Tire MFG
Goodyear
Rear Tire Ply
16 Ply
Rear Tire Size
22.5 inches
Axle
Front Axle MFG Eaton -Dana -Spicer
l
E13021
Continued
ALce_,. ,
F
f,o
-7 � t-
too
Larry Towner
Sales
Rush Truck Center - Dallas Medium
Duty
4200 Irving Blvd,
Dallas, TX 75247
Call: 770-241-0989
Toll Free: 866-905-4466
Local: 214-624-9100
Fax:214-624-9199
Monday -Friday: 7 am - 8 pm
Saturday: 8 am - 3 pm
www.rushtruckcenters.com
�.n r uF ANNq, TEXAS
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
Date: January 27, 2015
Sta Contact: Joseph Johnson
Exh�: Attached
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution authorizing the City
an agreement for engineering services with Birkhoff, Hendricks, and Carter,
2014 Texas Community Development Block Grant p Manager to execute
Program Project. LLP for the
SUMMARY:
On December 9, 2014 the Anna City Council approved a resolution s
Hendricks, and Carter, LLP as the engineering consulting firm for the recently awarded
Texas Community Development Block Grant
project includes sewer and water line BG fundi
TxCD electing Birlhoff,
ng. The 2014 TxCDBG
Interurban Street, Edward Street, Genoveva Lane, and Cunningham replacements in and around m Boulevard. After
In the
selecting the engineering consultant firm, the next stepRlStreet,
agreement with the consultant.g process is to execute an
The agreement for engineering services with Birlhoff, Hendricks
provides for design, bidding, and contract administration services for th
engineering consulting fee covering Basics Services par � and Carter, LLP
lump sum amount of $39,300.00. The special services (Part Il.g e project. The
(Part II.A.) for the project is for the
amount of $201600.00, for a total not to exceed amount of $591900.00. T
for the project is for the
funded by grant funds administered the Texas Department of A ricu
Of $275,000 and matching funds to be allocated from the This project is
the amount of $149,220 t Itdf in the amount
e Utility Fund fund balance in
Exhibits:
1. Proposed Resolution
2. Proposed Professional Services Agreement
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution which authorizes the City
Manager to execute an agreement with Birkhoff, Hendricks, and Carte
TxCDBG Project. r, LLP for the 2014
CITY OF ANNA, TEXAS
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING
AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING AN AGREEMENT FOR ENGINEERING SERVICES WITH BIRKHOFF,
HENDRICKS AND CARTER, LLP FOR THE 2014 TEXAS COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT,
WHEREAS; The City has negotiated an agreement for
Hendricks, and Carter, LLP for the design, bidding, and
Texas Community Development Block Grant Project; and,
engineering services with Birkhoff,
contract administration of the 2014
WHEREAS; the amount of the engineering consulting fee covering Basics Services (Part II.
A.) for the project is for the lump sum amount of $397300.00 and the special services (Part
II.B.) for the project is for the amount of $20,600.00, for a total not to exceed amount of
$59,9000001
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 Agreement for Engineering Services,
The City Council hereby approves the Agreement for Engineering Services with Birkhoff,
Hendricks and Carter, LLP for the 2014 Texas Community Development Block Grant
Project, attached hereto as Exhibit 1, and authorizes, ratifies and approves the City
Manager's execution of same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
agreement for engineering services.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th da
of January 2015. y
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
RES. 2014 TxCDBG Engineering Services Agreement
PAGE 1 OP 1
1-27-15
CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 27, 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 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 multi -family
developments;
c. discuss or deliberate personnel matters: City Manager Annual Review. (Tex.
Gov't Code §551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF AN NA, TEXAS
AGENDA SUBJECT: Adjourn
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn,
Item NO. 10
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
January 27I 2015
City Manager
CITY OF AN NA, TEXAS
January 27, 2015
TOWN HALL MEETING
7:30 pm —Anna High School Auditorium
The City Council of the City of Anna will meet in a Special Town Hall Meeting at 7:30
in, January 27, 2015, at the Anna High School Auditorium, located at 1107 Rosemond
Parkway, regarding the following items.
1. Call to Order
2. Roll Call and Establishment of Quorum.
3. Briefing related to multi -family development projects proposed by Bonner
Carrington, Palladium USA, and Brownstone Ltd. (City Manager)
4. Receive public comment regarding multi -family development projects proposed
by Bonner Carrington, Palladium USA, and Brownstone Ltd,
S. Adjourn.
This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board
at or before 5:00 p.m., January 23, 2015.
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.
01-2745 CC Special Town Hall Mtg Agenda.doc 1
Posted O1-2345
die brownstone Companies /xowt,,,zr
Brownstone Affordable Housing, Ltd.
�ereery �14enrs, Z'ice 1c'resic(ent
(210) 669-3081 /mobile
jeremy@t(te6rowitstortegroup. net
Since 2005, tie Brownstone Companies lave
contracted for more than $330 million dollars
worth of residential developments tFirougriout
7e�ns and tice Southeast, consisting of 35
developments sccrpassing li,000 units.
r
Brownstone Construction, Ltd.
BrownstoneAfforda6le Mousing, I.M.
BrownstoneArcFiitects & �'lanners, Inc.
Gesfu �foll�eman &Associates, Inc.
Vifam L. Brmm was born and raised in Wid(and,
Texas. MegraduatedfromWidfandHig6Sc(ooC received
his Bachelor of Arts Degree in Architecture from the
n� university of Arizona in 1966, and his `.Masters of
u Architecture from Rice university in 1967. In 1971
Wiliam L. Brown ('Bill') forned his first real estate
company. over the past 40 years Biff's affiliated
companies have planned, developed and constructed over
11,000 housing units. 9Mr. Brown's cont6inedeVertise as
an architect, planner and builder has created a
pleasura6le blending of architecturaldesign, sensible land
planning, landscaping, and utilization and preservation
Of natura(environ-ments.
i. � OA A,
stone
r�
,7edA. Brown joined the Brownstone companies in gune of 2007 after working for a nrixecC--use
development company in Garedo, Texas fornear(y 1.5 years, gedoffices in Laredo, andspends much
of his time overseeing projects throughout centralandsouth Texas. 914focus is on site development
planning forsingle and multi family residentialalong with connnercialdevelopment. yed has taken
the lead for Brownstone on a6atement and demolition projects as well as Brownstone's marketing
and pu6lic relations. ,fed received his Bachelor ofArts in Marketing froth the university of Texas
atAustin in 1991. 9fe completedgraduate business schoolleve(courses in marketing, management
and finance at Laredo State university (now known as Texas Acs W International university)
during 1991 and 1992 6efore 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
commercia(offices, industria(warehouses and residential hones. 9fe was also the project manager
ott over dozen suddivisiotns incCtding hundreds of acres and lots.
DoakO. Brown joined the Brownstone team on a fufftime basis
in 2009. 9Te is responsible for fegaf, development and finance
matters for the Brownstone companies. Doak came to the
Brownstone companies from the faw finn of Campbell G Riggs,
q P.C. in 9fouston, where he was a shareholder specializing in
n transactional real estate faw. Ife was Brownstone's outside
counsel for many years and was involved in aff 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
Zniversity of4fouston Law Center in 1999. Yfe was licensed to
practice law in the State of Texas in 1999. Doak is a member of
the reafestate section of the Texas State Bar.
'Wil C Brown brings his expertise in construction management to the Brownstone Group. �Nif
earned his Bachelor of Science in Construction Science from TexasAa7JK university in 2000. 'Wr
spent four years working with national development companies that specialized in multi family
qhousing. During those years, he supervised the construction of over 1, 000 units, and managed all
aspects of the construction process. In 2005, `Wifjoined Brownstone with the goal of merging his
construction knowledge with the skills and experience of his partners. `Wif's acumen in the
construction industry has served Brownstone well and he has supervised the construction of over
21 projects. Wife Wis increasingly involvedin the development aspects of Brownstone's mufti-
fami y business, he continues to focus his skilfand energy primarily on maintaining the construction
excelfence that others have come to expect from Brownstone.
Jeremy 9Kears 6tings 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 Vniversity of Louisiana at Monroe.
Jeremy spent the first eight years of his career working with nationallu)Cury multi-
family developers throughout Dallas, Austin, and San Antonio. During these years
Jeremy speciaCnzed in Construction Management and Estimating for over 3,000
apartment units. In 2004, Jeremy startedhis own company calledMearsDevelopment.
his company worked in the development and construction of new communities, and
also the reha6ilitation of existing apartment communities throughout Texas. In 2006,
lre joined forces with the Brownstone companies to focus on townhorne and single-
farniy developments in San Antonio. Recently, Jeremy opened an office for the
Brownstone companies in Monroe, Louisiana to focus on multi fami y development
and construction in Louisiana, Mississippi and other nearby states. This office will
be focusing on market rate multi fancily developments and afforda6le multi family
developments financed 6v housina tax credits and historic tax credits.
77 ,
l
C� LesCte �Lolreman is an independent consultant specialu.ing in
� the development arndfinancing of multi family (rousing. LesCe
handles allfacets of development financing, including but not
limited to project feasi6iCty analysis, budget preparation,
interface with debt and equity partners, draw administration
n and partnership accounting services. (Prior to her consulting
career, she worked in the banking industry for 15 years and
also with the Texas Department of Mousing and Community
Affairs as the Manager of algal Estate Analysis. F'rorn 1997
to the present, Leslie has assistedin securing financing forover
forty developments.
Residential communities since zuua
vaml;�, coafs�.vc1roar
Efm Street 4�iffage (34 4Jnits)Tnllufa6, LA
t�'verBnnk'Viflage (IS2 units) Laredo, rI,Y
Canton �Viffage (80 �lttits) Cmttrnt, TX
Ci6ofo Crossing (236 ?)nits) Laredo, ZY
Austin 'Village (30 4Jnits) Bastrop, LA
Ga Esperanzn 1nef�{o (60 units) �'o Grande City, ADC
1r'restonApartments (40 units) SKngnofia, A�,
Sunset Terrace Senior �Viffnge (80 units) B6arr, `IX
Gn Esperatrzn DefAfton (80 4Jnits)Afton, TX
Madison Oaks (60 units) Winnsboro, V
San lniego CreekApartn:ents (72 4Jnits)Afice, �1'
San Ga6riefSenior'Vilfage (100 units) Georgetown, ZY
�Eastedng'Vidage (48 vnits)ACice, TX
somas Ninke SeniorViffage (80 Zhtits)'Victoria, ZY
1 tatna'Village(128units)WcAffen, ADC
Gu 5reeze Bfaza 11(148 Dnits) 2'ortArt6ur, TX
Bfue6atutetSenior'Village (36 vttits)Afamo, ZY
1 t ina 'Viffage Blase 11(74 units) McAllen, ZY
Sunset Terrace (100 units) 2'(arr, TX
Bfuffs Landing SeniorViffage (144 vnits)q?pund lRpck, VC
Gu breeze (Plaza 1(86 ` itits)T'ortArt6ur, TX
Creekside Viffas (144 `Units) Buda, ZY
Villas at(Beaumont (36Vnits)WcAlfen, ZY
2earfandSenior Viffage (126 visits) (Yearfaiid, ZY
4'nrkviz ivTerrace (100 vnits) 2ftarr TX
7feigftts at Connf(80 units) 7(ingsviffe, TX
BefmontSeniorViffage (192 vnits) Leander, nX
Citrus Gardens (148 units) Bromw ffe, V
Casa W'caido (60 units) 7Ungsviffe, ZY
SYfenit Lakeside (176 vnits)Sc(ertz, TX
S6ifo6 Crossing (156 units) Laredo, TX
Braebunt rViffage (140 vnits)Mouston, `1X
Gary Street Niffage (35 units) Winns6oro, GA
Aeofian SeniorApartments (60 Units) Vicks6urg WS
BfooutsApartments (30 Vnits)Tafdaft, GA
e Wfseme at Traditions (240 units) Bryan, 2X
�lenitt Legacy (208 units) Leander, 17,Y
CmrCeti trafApartments (72 units) Vicks6urg, 5WS
Guff ConstAr7ns (160 vnits)7foustat, ZY
Brief Sample of
0
4
ENJOMR
,�,�,AL 32M BLUM
a
;�, �.
PC
.. ). \ -�
Coe
_ ' gj=
M i � rt
LIII.:
oc
..
sit r
+
�L1!ape
K.
14
Senior Village
ILI
:•i+f � j �}j YF r elf• ., f.,
�' a, `F,lFj„•.'q a �t '. — Lin I I I I I I
L� 1
—� .mow —• �� � .� ��. R -
w
~ fie' \r �#:: •
A• R �i. Yes - ...
_OIL _
IIii11 G'llll 11 llld'JI
�Cooms.,Apartments (30 vnits� �IaCCuCaFi, GA /CompCetecC2013 (�Cistoric �eha6)
AeoCzan SeniorApartments (60 units)
a �
M 6rPit
_.
�icks6urg, �V1,S' / CompCeted 2013 (�fistoric 1�eFta6)
Orow" I
F
.�. Olin -
All
Yll
W
ilk
� -
rr.
orgog
, ,r
L of
its
ht A
rILL
Air
Creekside �iCCas Senior �iCCage (144 `lJnits) Buda, �X/ CompCeted 2011
�r ,
L 'f
SLY %rt' GRAiN
T APARWW
1 "' - r I_ i F-----ems_
st
ne
Brownstone Affordable Housing, Ltd.
gererny SKenrs, 'Vice Bresulent
(210) 669-3081 /mo6ile
jererrry@ tlie6rownstonegronp. net
UNIT &COMMUNITY AMENITIES
rp+-r,•
-."
ST.\TE H11'V. S
M
1&eleomrl min
le
snleeomrsa.m
111�
b11 .11t
Anna T e x a s
• �EnergyStarAppCurnces
•—Ceilingfi�tures/fans
• 144fi andInternet
• Gaundty (rookups
• 9Cgh ceilings
• GntedSecunty
• Fitness Center
• Community lour
• MaiCl2gom
• Arnple Barking
5t'' St. &Powell
Downtown
Revitalization
• 1001�sidentia�Zlnits
•-CotnnrerciatSpace
• 12etaiC
I
• Restaurants
• Tarking
• Swirnnrirrg �t'ooC
•—BBQ/playground
• Green space
• Business Center
• Laundry Wpom
Dear Neighbor,
You will see some new faces in the neighborhood, and we want you to know a little bit more about us!
• Class "A" Apartment Home Community Exclusively for Active Adults 55+ (Seniors).
• Fully Appointed Clubhouse; Controlled Gated Access; Resort Style Pool; Movie Theatre; Great Room for
Gatherings; Fitness Studio; Card Room with Billiards; Social, Recreational & Cultural Activities Daily.
• The Site: 25 acres, zoned 250 units multi -family, south of White Street, west of Oak Hollow neighborhood
and buffered from Oak Hollow by a 250+- foot wide wooded strip of land. For aesthetics and privacy the
natural wooded character of this site will be preserved and maintained.
• The Community: Will be at or below the existing zoned density.
• A Few Bonuses: Will pay ad valorem taxes including school taxes. Will not add to the student population.
Far lower vehicle traffic impact due to the senior resident lifestyle. Buffer of 330+- feet from Oak Hollow.
• The Residents: Beautiful community that attracts resident group 55 -90 of which an estimated 70% of
future residents already live in Anna and Collin County.
• The Developer: Bonner Carrington designs and builds to own forever, planning to become part of the Anna
community.
And like all Bonner Carrington Communities, we envision "To change lives and the culture of community by
providing lasting and supportive home environments."
From,
The Bonner Carrington Team for Mariposa Apartment Homes at White Street
mws@bonnercarrington.com
W
T°
food
It
of
IL
04
led k
It
do
id JIM)
. iitt�ee,:aa6N.z-•d s(
r�
oil
r� 1olt
3
q•
k
a -
it
X
rt'
}
It
ki
0
MIM
0
•
/
•
•
Is
•
1
•
-- UL Lmm
U -
O a)
❑� Q
CI
1
U C: Mimi � �
CL � E a) =3
a�mo
Q. E
U
a� CL p o
c:
.—
O ima 0 0 E
Co O O v U o
N � 0) � U
- - O p •
— (n
O Co N
CL >
Ammat�
C)—
Co O U
y 4— O co a;
o x _EE
C cn 0 O C:
U) a) CY)
17
O �� > U) E
4� U � _ c�mo
ry <f .c <f o
r
•r
.- CL
�-
•
•
I
Cl
0
0
40
�L
/
• / / /
• • • •
/ CL •
/ • • •
1
• •
17
•
0
•
�A
0
L
4
4
N
4
�e�
IL
UAJ
0
•
44
4�
V
r
0
•
w
w
Co
•
a
•
it
/
6
•
•
J
� �
•
•
•
J
•
•
a
0
u
�oft
2
JL
•
v
I
•
E
J
`.
v
� ._
•
C7
��
I
m
EXECUTIVE SUMMARY MNV�
PALLADIUM
Palladium Anna „ 5 A
Proposed General Population Multifamily Housing
Anna, Texas
Proposed Housing
Palladium Anna is proposed to be a 180 unit, general population apartment home community located
inside the Anna Town Square master planned community. Comprised of 1, 2 and 3 bedrooms, Palladium
Anna will be a Class A+ constructed apartment home community that will be that will fit into a well
thought out and integrated master planned community. We believe our community will help catalyze
commercial and retail development in Anna Town Square which will ultimately produce massive tax
base for the City.
Palladium Anna apartment homes will target existing Anna workforce that is priced out of the current
rental market elsewhere and would like to live in Anna. This will be accomplished through utilizing a
source of equity that is administered through the Texas Department of Housing and Community Affairs
(TDHCA). A portion of Palladium Anna's units will be market rate and the rest will be rent controlled in
order to provide Class A+housing for the working class of Anna. Most of our rent controlled units will
be at the 60% level detailed below. In addition we will have some units at the 50% level and a few units
at the 30% level in order to serve seniors and veterans who are on very restrictive incomes.
Income Limits Number of Household Members
1 2 3 4 5 6
30% $14,280 $16,320 $18,360 $20,370 $22,020 $23,640
50% $23,800 $27,200 $30,600 $33,950 $36,700 $39,400
60% $28,560 $32,640 $36,720 $40,740 $44,040 $47,280
MarketRate-----------------------------------------------Unlimited--------------------------------------------------------
Nicholas Rubits
1201 Ash St.
Anna, TX 75409
580-3664085
To whom it may concern,
My family has lived in Anna for 3 years. We moved here, as opposed to a larger Dallas suburb because
Anna provided us with a small town atmosphere, while still being close to larger cities like McKinney,
Plano, Allen, and Frisco. We are strongly against the currently proposed apartment developments in
Anna.
Anna is growing, and we understand this, and are not trying to stop all growth. However, we feel that
this growth needs to be tempered with good judgment and good planning which benefits the city, her
current residents, and the current land owners. When the scales are thrown off balance, and only one
part of the equation is benefiting, then the proposal is not a good idea for the city.
Anna is experiencing a huge explosion of growth, despite the fact that we don't currently have rent
controlled apartment complexes. To me, this means that people who are moving to Anna currently do
not need Rent Controlled housing available to them, the Single Family housing offered is meeting the
demands. Allowing these rent controlled apartments or apartments in general is not being done to
satisfy a current demand in housing, it's being used to create a new demand for housing which has little
to no benefit to the current residents or the City.
When I first heard about the proposal to build apartments by Bonner Carrington on Hwy 455,
immediately next door to my neighborhood, Oak Hollow, without any hesitation or delay I knew this was
a bad idea, and I believe that most everyone who has a vested interest in Anna growing properly knows
this. With there being currently 5 multifamily zones already available in Anna, granting a variance,
providing a resolution of support, and offering the developer a loan to build this property simply makes
no sense.
The proposal for these apartments started out as a mixed use rent controlled property. When the
citizens of Anna began to show their distaste for this type of housing in Anna, the proposal appears to
be hastily changed to what the developer now refers to as an Active Senior Living apartment complex.
The proposal is currently 250 units to be built not even 300 feet from the homes of people whose
backyards will border the proposed apartments. This will guarantee not only a decrease in the values of
the single family homes in the area, but I don't think the people who purchased these homes wanted, or
expected to be able to see an apartment complex when they walk out their back doors. This sudden and
unexplained change of heart, along with my personal interactions with representatives of Bonner
Carrington, have also given me a very uneasy feeling that they are being less than honest about their
intentions. I am concerned that if the Council unfortunately allows this complex to be built, that the
developer will not be bound by any of the sales pitches they have given the city thus far. The city will
then have no recourse when agreements are broken, and the ones who ultimately suffer are the
homeowners of Anna, not the developers. In addition, if the land is granted this use, there would be no
barring the developer from building even closer to the existing Oak Hollow single family homes, in the
strip of land shown to be vacant in the developer's presentation packet.
The developer of the Palladium apartments themselves stated in their presentation to the Council that
one of the reasons they chose the location for their development was specifically because there was a
large buffer of light commercial and open space in between the apartments and the Single Family
homes being built there. If this developer knows that you don't build apartments in the back yards of
existing single family homes, why doesn't Bonner Carrington know that? I believe the answer is they DO
know that, they just don't care enough about our town, or its current residents to realize their plans are
flawed and detrimental to the current residents.
To top off all of the reasons already provided, the developers Bonner Carrington are proposing that the
City of Anna and her taxpaying citizens provide a loan to the developer as part of a federal requirement
to build this complex. How any Council could in good faith, and good monetary policy, provide this
money to a private developer baffles me. I know I personally do not want to invest in an apartment
complex, never mind one which has started out with such flawed planning and choice of location.
The second proposal was from a developer wishing to develop the Anna Grain property. The City's
master plan has this currently zoned as commercial, and for a good reason. The City can see that this
area should be where small businesses belong, and this property does not seem to be the correct
location for a multifamily development; That is, even if I believed the city was ready for, or needed
apartments at this time at all. As I stated previously, the unplanned and poorly thought out locations for
apartments does not benefit anyone except the developers. Also, as with the previous proposal, this
developer is asking for a loan from the tax payers of this city, without being able to show any benefits to
the current homeowners, current taxpayers, or the city itself.
The final proposal by Palladium appears at face value to be the most thought out of all the proposals.
They are proposing to build in a location which is not going to affect current homeowners. They are also
not asking the city for money, and they are building away from the majority of the current Single Family
residences. Even though I would personally disagree, if the Council believes that this is absolutely the
right time for Anna to begin to build multifamily complexes, this appears to have the best chance of not
negatively affecting the city. I emphasize the word chance, as there have been no studies that I am
aware of, as to the impact of multifamily housing at this location, or in any other location in Anna.
That being said, I still do not support this proposed site to be built into multifamily right now either. The
city is simply not ready to bring in hundreds of families into her in such a short time. For one thing our
schools are too small, we currently have trailers just to provide schooling to the students currently
enrolled and living in Anna. With 180+ additional families moving into Anna in such short time, what
would the effect be on the schools, police, fire, EMT, water system, sewage system, trash collection, etc.
All of these things need to be taken into account before allowing multifamily units to be built in a city
the size of which Anna currently is. I don't believe this has been considered by anyone, certainly not the
developers.
I believe that growth and change are inevitable for Anna, and I do not have any false sense that Anna
will stay a small town forever. However, when we decide that the demand is here for multifamily units,
I hope that the city takes its time and investigates all the potential issues which could arise from
allowing developments like these and the land they are choosing to develop on. We didn't need
apartments to go from a population of 2,000 to 10,000 in 15 years, we certainly don't need them to
continue to grow. I don't think any of these proposals are being made in the best interest of the city and
her current residents, though the sales pitches of land owners and developer partners will try to
convince otherwise. I think we are having these proposals brought before the Council because of our
relatively inexpensive property investment costs, and development costs compared to cities where the
demand for apartments, rent controlled or not, already exists.
I urge the council to make their decision based on what is best for the city and her current residents,
homeowners, and tax payers, and not what benefits people who do not yet live here.
Thank you,
Nicholas Rubits
L
.�, a r - _,,. r:.�a ��; �`.. ILA �`., • • • '
design may • - able • count towards
Ww
L7'���N���f17 ■ �\'/1
�.�:
_,. r , ., ,
;,��fi,
..0
�',.
I
Answers to Frequently
Asked Questions
• How do Housing Tax Credits Work?
—Tax credits are awarded to eligible
participants to offset a portion of their federal
tax liability in exchange for the construction of
affordable rental housing. The value
associated with the tax credits would allow
residential units in these developments to be
leased to qualified households at below
market rate rents.
Requested City Support
1. Resolution of Support for the Project
2. k development funding loan commitment
of approximately $110,000.
3. Approval of a zoning change to allow for
a mixed use development
• What is the Texas Department of Housing and
CommunityAffairs IDHCA) Housing Tax
Credit Program?
—The Housing Tax Credit Program is one of the
primary means used by the TDHCA of directing
private capital toward the development and
preservation of affordable rental housing for low-
income households.
How is the Housing Tax Credit Program
different from "Section 8"housing?
— The Housing Tax Credit Program offer income qualified tenants
a unit at a reduced rental rate that is restricted by annually
publishedrent guidelines. The Texas Department of Housing
and Community Affairs manages the Housing Tax Credit
program.
— The Section 8 housing voucher program authorizes the payment
of rental housing assistance (rent and utilities) to private
landlords on behalf of low-income households. The U.S.
Department of Housing and Urban Development manages the �
Section 8 programs. �
Why the recent interest in multi -family
housing tax credits projects in Anna?
— The recent development interest is the result of a
looming application deadline for developers interested
in making application for multi -family housing tax
credits through TDHCA. Interested developers
typically look for properties in locations that would
result in a favorable score in the State's application
scoring and review process. There is similar interest
in multi -family housing tax credit projects in many
communities in Collin County and throughout the
State.
• Does the City have adequate
infrastructure to support these
development projects?
— Prior to receiving permission to build, all development
projects must undergo a thorough review to verify
compliance with City development regulations, and to
determine what public improvements (water, sewer,
streets, drainage) are needed to support the
development. The developer is typically required to
construct the necessary public improvements. ii
Will these developments increase
demand for Police and Fire Services?
All
new growth necessarily has an impact on
demand for City services including police and
fire services. Each year during the budget
process, the City reviews the level of service
that will be needed to accommodate the
existing and projected growth of our
community.
Did the City or the Cify Council seek
out or recruit any of the proposed
multi -family development projects?
— No. The City, including the City Council, did not
solicit, invite or recruit interest from any of the
proposed multi -family development projects. The City
Council has not yet taken any action on the requests
it has received from the developers of the proposed
multi -family projects. The City Council is seeking
community input before any decision is made. S
Are there any plans to widen FM 455 to
accommodate increased traffic?
— Yes! The City of Anna, Collin County, and the Texas
Department of Transportation (TxDOT) have been
working for the past several years on plans to
reconstruct and widen FM 455 (White Street)
between US 75 and State Highway 5 (Powell
Parkway). We have recently been advised by TxDOT
that the project should start next month. Construction
is expected to last 18 months. TOOT officials will 0
provide the City Council an update in February. VO
• How will our school system
accommodate the impact of these new
developments?
he City's Planning Director meets regularly
with representatives from the school district to
review all new and proposed development
projects so that the school district in able to
factor in the projected growth of our
community into its strategic plan. AL
i
u
• How will the owners ofmulti-family
developments be held accountable for
the up keep of their properties?
— The City has a licensing and inspection program that
requires an annual inspection of all multi -family
properties and living units. Multi -family developments
will be inspected for compliance with the City's
building and property maintenance codes.
Continued
• Now wil! fhe owners of mulfi-family developments be
held accounfable for the up keep of fheir properties?
— Property owners who do not follow applicable guiding
program rules and regulations and property standards
may be subject to certain actions designed to
encourage compliance. These actions, if not promptly
addressed, may lead to other more serious actions
such as the assessment of administrative penalties or
debarment from TDHCA's affordable multifamily
programs.
What would be the financial impact to
the City's tax base?
— According to the Collin County Central Appraisal
District, multi -family developments are not assessed
in the same manner as commercial or residential
properties. Net operating income and a capitalization
rate are factors in determining the assessed value of
multi -family developments. We do not have enough
data to estimate the possible tax base impact of the
proposed developments. n
Continued
How will the owners ofmulti-family
developments be held accountable for the up
keep of their properties?
— In addition, TDHCA monitors and physically inspects
alI properties that have received tax credits from any
TDHCA program. Properties are generally monitored
once every three years; additional inspections may be
done as a result of complaints or to rectify serious
compliance violations.
• What public transportation options are
available to Anna residents?
— TAPS Public Transit provides on -demand curb -to -
curb public transportation for residents of the city of
Anna. TAPS buses run Monday -Friday with the
earliest available pickup time at 6:00am and the latest
available pickup time at 5:30pm. TAPS is
aggressively expanding service options to the
residents of Collin County.
Public Comments
st ne
6517 Mapleridge
Houston, TX 77081
T. 713.432.7727
F. 713043240120
January 27, 2014
The City of Anna
111 North Powell Pkwy
Anna, Texas 75409
Re: Commercial Housing Development in Downtown Anna, Texas
Dear Council Members,
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 either the City of Anna or the
Anna Economic Development Corporation ("EDC").
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 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 Powell
and 51" Street 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.
The City of Anna, TX
January 27, 2015
The common amenities may include:
• full perimeter fencing
• gazebo iv/sitting area
• fitrnished fitness center
• business center and mail room
• fitrnished 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 ivith 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 27, 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
Ten (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.
3
The City of Anna, TX
January 27, 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 EDC. The amount of the commitment of development funding 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
$I 10,000 (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.
V. Downtown Community Revitalization Plan
Again referring to scoring criteria in the housing tax credit application process, Anna Grain
Apartments is capable of scoring additional points for assisting in the revitalization efforts of the
community of Anna. Because of its great location to downtown (corner of 5t" and Powell) the
development will add to the City's already existing revitalization efforts by ushering in new
retail shops, restaurants, employment opportunities, and apartment units.
In order to satisfy this scoring criteria, we are respectfully requesting a letter from the mayor
indicating that Anna Grain Apartments is indeed within the City's community revitalization plan
(CRP). In addition, we will also need a short list of the CRP's expenditures, namely from the last
four years and any more under consideration for the future. Essentially, this short list can include
any type of funding improvement in the CRP area — e.g., funds from federal, state, county, or
school district are all satisfactory. The funding need not come exclusively from the City of Anna.
The City of Anna, TX
January 27, 2015
In sum, 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: Jeremy Mears
Jeremy Mears, Vice President
Attachments:
The following list includes a few sample items (i.e., representative site plan and elevation
renderings, City or EDC resolutions, and a support letter from the mayor) that most likely will be
needed over the next few weeks to comply with the TDHCA application deadline of February
27, 2015. Again, these items are not needed right now. Rather, this list assumes that continued
support for Anna Grain Apartments will be garnered, and to that end, this list seeks to help the
Mayor and City Council members best prepare for and follow the tax credit application process
which will assist the Anna Grain Apartments development in revitalizing Anna's downtown
area.
As attached, the short list of potential items includes:
• Exhibit "A" —site plan of Anna Grain Apartments and Elevation Renderings of Retail
Commercial Space /Top -Floor Apartment Residential Units
• Exhibit "B" — a sample support letter from the mayor that satisfies TDHCA
requirements and confirms Anna Grain Apartments is within the current downtown
community revitalization efforts and most significantly contributes to the concerted
revitalization efforts of Anna.
• Exhibit "C" — a support resolution from the City only, in the event support and funding
for Anna Grain Apartments comes solely from the City and not from the EDC.
• Exhibit "D" — both a support resolution from the EDC and a support resolution from the
City affirming its endorsement of the EDC resolution, in the event fiinding comes from
the EDC.
• Exhibit "E" — the community revitalization area where expenditures are appropriate.
5
Exhibit "A"
H
W
W
STATE HWy. 5
0 50 100 150
40 1 Bedroom / 1 Bath
44 2 Bedroom / 2 Bath
16 3 Bedroom / 2 Bath
100 Total Units
An lrrai A• , t tints
Anna, Texas
Nst
�; i ` ;Ilglll II1u11111111
trH J33-20 x>>?':• ir; 33 J2 70o,it ,ei�ah 281D_f(
w
Exhibit "B"
City of Anna, TX
[add City of Anna official letterhead]
February 275 2015
AMPLE]
Texas Department of Housing and Community Affairs
Mr. Cameron Dorsey, Deputy Executive Director of Multifamily Finance and Fair Housing
221 East 1 lth Street
Austin, TX 78701
RE: The City of Anna Downtown Community Revitalization Plan /Anna Grain Apartments
(TDHCA #15254)
Dear Mr. Dorsey,
Please accept this letter as confirmation that the Downtown Community Revitalization Plan for
the City of Anna (CRP) is in place prior to the TDHCA Full Application Final Delivery Date. As
a particular part of Anna's Comprehensive Plan passed on April 13, 2010, the CRP is a specified
targeted area that is distinct and separate from broader economic development efforts that typically
fall within a general comprehensive plan.
Taken as a whole, the CRP reasonably exceeds expectations to revitalize our downtown
neighborhood and continues to both substantively and meaningfully address the following material
factors that the City previously assessed were affecting the targeted CRP area: 1) adverse
environmental conditions; 2) presence of blight; 3) presence of inadequate infrastructure; 4) lack
of social and recreational facilities; 5) lack of local employment opportunities; and 6) lack of
economic and multigenerational diversity. To that end, the City of Anna strongly endorses Anna
Grain Apartments (TDHCA #15254) since it is in the target area of the existing CRP and will
contribute most significantly to the concerted revitalization efforts of the City.
Anna Grain Apartments is within the city limits of Anna, and as mayor, I am the appropriate local
official to assert and certify the following. The City certifies that the CRP was duly adopted by the
City Council with Ordinance No. 493-2010 and the adoption process followed the required public
comment processes of the city; the funding and activity under the CRP has already commenced;
and the adopting municipality, the City of Anna, has no reason to believe that overall funding for
the full and timely implementation of the CRP will be unavailable.
The CRP has a projected economic value of $ .For the past four years, the following
expenditures have incurred regarding the CRP for the purposes of revitalizing the targeted
downtown area. (See, List of Expenditures Table). In addition, other projected allocations are under
consideration at this time which will assist the City's community revitalization efforts.
Ultimately, please do not hesitate to call me at (972) 924-3325 if TDHCA has any questions or is
in need of any additional information.
Sincerely,
Mike Crist
Mayor of the City of Anna, TX
Enclosures:
Downtown CRP
Adopted Resolution
List of Expenditures Table
Maps of Development
Support Resolution
Exhibit "C"
AMPLE]
RESOLUTION NO.
A RESOLUTION OF SUPPORT AND A RESOLUTION OF THE CITY OF
ANNA, TEXAS, APPROVING AND AUTHORIZING A LOAN OF FUNDS
FROM THE CITY OF ANNA TO ANNA GRAIN APARTMENTS, LTD.,
THE UTILIZATION OF SUCH LOAN FUNDS TO ASSIST IN THE
DEVELOPMENT OF AN AFFORDABLE HOUSING DEVELOPMENT
WHEREAS, as enumerated in Texas Local Government Code Sections 394.002 and
392.003, the Texas Legislature has found that affordable residential development promotes the
public health, safety, morals, and welfare; relieves conditions of unemployment and encourages
the increase of industry, commercial activity, and other economic development to reduce the
adverse effects of unemployment; and
WHEREAS, as enumerated in Texas Government Code Sections 2306.001 and
2306.002, the Texas Legislature has found that the development of affordable housing
contributes to the development and redevelopment of neighborhoods and communities and
contributes to the development and diversification of the economy, the elimination of
unemployment and underemployment and the development or expansion of commerce in the
State of Texas; and
WHEREAS, Section 380 of the Texas Local Government Code requires the City of
Anna to pass a resolution indicating the City's desire to make loans and grants of public money
and providing personnel and services of the municipality, to promote state or local economic
development and to stimulate business and commercial activity in the municipality, and,
WHEREAS, the City finds that supporting the development of a 100 unit affordable
housing complex, through a $1101000.00 loan from the City, as proposed to be developed by
Anna Grain Apartments, Ltd (the "Owner") and to be located at 205 South Highway 5 in Anna,
Collin County, Texas (the "Economic Development Project") will enable the City to promote
economic development within the City and to improve economic welfare of the people of the
State of Texas and the City of Anna, as authorized in the Texas Local Government Code; and
WHEREAS, the Owner intends to submit an application to the Texas Department of
Housing and Community Affairs for 2015 Housing Tax Credits and HOME Investment and
Partnership program funds for its proposal; and,
WHEREAS, the City finds that supporting the Economic Development Project is
consistent with the goals and intent of the Texas Legislature in promoting the development of
affordable housing to achieve the public purpose of stimulating the economy and commerce of
the state in addition to the other desirable public purposes achieved through such development,
and
1
WHEREAS, the City finds that construction of the Economic Development Project will
stimulate economic development, business activity and commercial activity in the City through
the facilitation of population growth due to the increase in the number of housing units to serve
additional families desiring to move to the City; and
WHEREAS, the City finds that construction of the Economic Development Project will
facilitate employment in the City by providing housing to employees who work in the City, and
WHEREAS, the City finds that construction of the Economic Development Project will
increase the ad valorem and sales tax bases of the City from the development of the project and
the increase in population resulting from the influx of individuals moving into the apartment
complex; and
WHEREAS, the City finds that the promotion and stimulation of economic development
and business activity and commercial activity promotes the welfare and best interests of the City;
and
WHEREAS, by supporting the Economic Development Project through the loan
contemplated herein, the City will provide substantial economic growth to the City by leveraging
this $110,000.00 loan to bring in excess of $14,200,000.00 into the City's economy through the
development and construction of the Economic Development Project; and
WHEREAS, the City has passed Ordinance No. 493-2010 adopting a downtown
community revitalization plan that the City continues to expect will revitalize the neighborhood
and address in a substantive and meaningful way the following six (6) material factors: 1)
adverse environmental conditions; 2) presence of blight, obsolete land use, decline in property
value, and conditions impeding growth; 3) presence of inadequate transportation and
infrastructure; 4) lack of accessibility to and/or presence of inadequate health care facilities, law
enforcement facilities, social and recreational facilities; 5) lack of local business providing
employment opportunities; and 6) efforts to promote multigenerational and economic diversity;
and
WHEREAS, the City will not participate in funding such project until the Federal
funding has been applied for, approved and received by Anna Grain Apartments, Ltd.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. The City hereby supports the Economic Development Project and adopts this
resolution approving and authorizing the City Manager to enter into an Economic Development
Agreement between the City of Anna, Texas and Anna Grain Apartments, Ltd for the Economic
Development Project. Such Economic Development Agreement will address the specific terms
of the loan from the City of Anna, Texas to Anna Grain Apartments, Ltd but will at a minimum
include a loan of One Hundred and Ten Thousand and No/100 Dollars ($110,000.00) for a
2
term of fifteen (15) years, with a thirty (30) year amortization and at an interest rate no greater
than 3.0% per annum. This resolution constitutes a firm commitment by the City of Anna to
enter into the Economic Development Agreement and the loan with Anna Grain Apartments,
Ltd.
Section 2. The City, acting through its governing body, hereby confirms that the proposed Anna
Grain Apartments, TDHCA #15254, located at 205 South Highway 5 in Anna, Texas most
significantly contributes to the concerted revitalization efforts of the City of Anna which were
July adopted in City Ordinance No. 493-2010.
Section 3. The City of Anna affirms that it is not a related party to the Owner, that any funds
committed to this development have not been first provided to the City of Anna by the Owner or
a Related Party, and that for and on behalf of the City of Anna, the City Manager is hereby
authorized, empowered, and directed to certify these resolutions to the Texas Department of
Housing and Community Affairs.
Section 4. This resolution is pursuant to Section 380 of the Texas Local Government Code.
Section 5. Safegacards, Controls and Standards of Accountability. The City hereby delegates to
the City Manager, the authority to implement safeguards, controls and standards of
accountability necessary to ensure that the proceeds of this loan for economic development
purposes are utilized to promote the public purposes authorized by the Texas legislature and the
City for economic development projects. The loan approved and authorized herein shall be
subject to any such safeguards, controls and standards of accountability approved and adopted by
the City Manager.
CONSIDERED, PASSED and APPROVED this the day of
Attest. CITY OF ANNA, TEXAS
Natha Wilkison, City Secretary
Approved as to form:
City Attorney
3
Mike Crist, Mayor
015.
Exhibit "D"
AMPLE]
ANNA ECONOMIC DEVELOPMENT CORPORATION
ANNA, TEXAS
RESOLUTION — 2015
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANNA
ECONOMIC DEVELOPMENT CORPORATION, SHOWING SUPPORT
FOR THE PROPOSED ANNA GRAIN APARTMENTS DEVELOPMENT
SUBMITTED BY ANNA GRAIN APARTMENTS, LTD.; AUTHORIZING
THE EXECUTION OF A LOAN AGREEMENT AND NOTE OR OTHER
SIMILAR DOCUMENTATION TO PROVIDE ANNA GRAIN
APARTMENTS, LTD, FINANCIAL ASSISTANCE IN THE FORM OF A
REPAYABLE LOAN IN THE AMOUNT NOT TO EXCEED ONE
HUNDRED AND TEN THOUSAND AND NO/100 DOLLARS ($1109000.00).
WHEREAS, the Anna Economic Development Corporation (hereinafter referred to as
the "EDC") is a Type B economic development corporation, created pursuant to Chapter 505 of
the Texas Local Government Code, as amended; and
WHEREAS, Section 501.103 of the Texas Local Government Code, in pertinent part,
defines the term "project" to mean "expenditures that are found by the board of directors to be
required or suitable for infrastructure necessary to promote or develop new or expanded business
enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities,
or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications
and Internet improvements ...; and
WHEREAS, Section 505.153 of the Texas Local Government Code, in pertinent part,
defines the term "project" to mean "land, buildings, equipment, facilities, and improvements found
by the board of directors to be required or suitable for the promotion of development and
expansion of affordable housing, as described by 42 U.S.C. Section 12745' ; and
WHEREAS, Anna Grain Apartments, Ltd. has proposed a development for affordable
rental housing located within the City of Anna, Texas, to be called Anna Grain Apartments, which
consists of 100 multi -family affordable housing units; and
WHEREAS, Anna Grain Apartments, Ltd. intends to submit an application to the Texas
Department of Housing and Community Affairs (hereinafter referred to as "TDHCA") for the
2015 Affordable Housing Tax Credit Program and HOME Investment and Partnership program
funds for the proposed Anna Grain Apartments; and
WHEREAS, the Board of Directors of the EDC has determined any financial assistance
provided to Anna Grain Apartments, Ltd. for the development of the proposed affordable housing
development project meets the definition of "project" as that term is defined in Sections 501.103
and 505.153 of the Texas Local Government Code.
1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE ANNA ECONOMIC DEVELOPMENT CORPORATION, AS FOLLOWS:
Section 1. Findings Incorporated. That the foregoing recitals are hereby found to be
true and correct findings of the Board of Directors of the Anna Economic Development
Corporation, and are fully incorporated into the body of this Resolution.
Section 2. Supports the Proposed Anna Grain Apartments Affordable Housing
Proiect. That the Board of Directors of the EDC do hereby support the proposed development by
Anna Grain Apartments, Ltd. and an allocation of Housing Tax Credits and HOME funds for said
development during the 2015 Housing Tax Credits application process.
Section 3. Authorizing the Provision of Certain Financial Assistance for the
Proposed Anna Grain Apartments Affordable Housing Development. Contingent upon the
following: (a) TDHCA awarding the Anna Grain Apartments development the 2015 Housing Tax
Credits; (b) EDC following the published notice, public hearing, and approval requirements
contained in the Development Corporation Act, and in particular Sections 501.073, 505.159, and
505.160 of the Texas Local Government Code; and (c) Anna Grain Apartments, Ltd. constructing
100 multi -family housing units, EDC agrees to enter into a loan agreement and note, or other
similar documentation with Anna Grain Apartments, Ltd, authorizing a repayable loan with Anna
Grain Apartments, Ltd. in the amount not to exceed One Hundred and Ten Thousand and No/100
Dollars ($110,000.00). Said loan to accrue interest at the rate of three percent (3.0%) per annum
and is repayable in fifteen (15) years but subject to an amortization period of thirty (30) years.
This resolution constitutes a firm commitment from the EDC to Anna Grain Apartments, Ltd.
Section 4. Severability Clause. It is hereby declared to be the intention of the
Board of Directors of the EDC that the phrases, clauses, sentences, paragraphs and sections of
this Resolution are severable, and if any phrase, clause, sentence, paragraph or section of this
Resolution shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Resolution, since the same would have
been enacted by the Board of Directors of the EDC without the incorporation of this
Resolution of any such unconstitutional phrase, clause, sentence, paragraph or section.
Section 5. Effective Date. This Resolution shall become effective from and after its
passage by the Board of Directors of the EDC.
DULY RESOLVED by the Board of Directors of the Anna Economic Development
Corporation, on this the day of , 2015.
ATTEST:
Secretary
2
President
AMPLE]
RESOLUTION NO.
A RESOLUTION OF SUPPORT FOR THE PROPOSED ANNA GRAIN
APARTMENTS AND A RESOLUTION APPROVING THE ANNA
ECONOMIC DEVELOPMENT CORPORATION'S LOAN AGREEMENT
TO PROVIDE ANNA GRAIN APARTMENTS, LTD. FINANCIAL
ASSISTANCE IN THE FORM OF A REPAYABLE LOAN NOT TO
EXCEED $110,000.00., THE UTILIZATION OF SUCH LOAN FUNDS TO
ASSIST IN THE DEVELOPMENT OF AN AFFORDABLE HOUSING
DEVELOPMENT
WHEREAS, Anna Grain Apartments, Ltd (the "Owner") has proposed a 100 unit
development for affordable rental housing within the City of Anna, Texas, to be called Anna
Grain Apartments; and
WHEREAS, the Owner intends to submit an application to the Texas Department of
Housing and Community Affairs ("TDHCA") for 2015 Housing Tax Credits and HOME
Investment and Partnership program funds for its proposal; and
WHEREAS, the Anna Economic Development Corporation ("EDC") has adopted a
resolution that agrees to loan up to $110,000.00 to Owner if it receives final approval from
TDHCA; and
WHEREAS, the City of Anna has passed Ordinance No. 493-2010 adopting a downtown
community revitalization plan that the City continues to expect will revitalize the neighborhood
and address in a substantive and meaningful way the following six (6) material factors: 1)
adverse environmental conditions; 2) presence of blight, obsolete land use, decline in property
value, and conditions impeding growth; 3) presence of inadequate transportation and
infrastructure; 4) lack of accessibility to and/or presence of inadequate health care facilities, law
enforcement facilities, social and recreational facilities; 5) lack of local business providing
employment opportunities; and 6) efforts to promote multigenerational and economic diversity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. The City Council of the City of Anna hereby supports the proposed Anna Grain
Apartments development proposed by the Owner and an allocation of Housing Tax Credits and
TDHCA HOME funds for the development.
Section 2. The City Council of the City of Anna hereby confirms that the proposed Anna Grain
Apartments, TDHCA #15254, located at 205 South Highway 5 in Anna, Texas most significantly
1
contributes to the concerted revitalization efforts of the City of Anna which were duly adopted in
City Ordinance No. 493-2010.
Section 3. The City Council of the City of Anna hereby approves Resolution 2015-
adopted by the EDC to loan up to $110,000.00 to Anna Grain Apartments, Ltd. under the terms
and conditions described in the EDC resolution.
CONSIDERED, PASSED and APPROVED this the day of 2015.
Attest: CITY OF ANNA, TEXAS
Natha Wilkison, City Secretary
Approved as to form:
City Attorney
7
Mike Crist, Mayor
Exhibit "E"
Community Revitalization Downtown Area
As Adopted in ordinace No. 493-2010 on April 13, 2010
1. What is the Texas Department of Housing and Community Affairs (TDHCA) Housing Tax
Credit Program
The Housing Tax Credit Program is one of the primary means used by the TDHCA of
directing private capital toward the development and preservation of affordable rental
housing for low-income households.
2. How do Housing Tax Credits Work?
Tax credits are awarded to eligible participants to offset a portion of their federal tax
liability in exchange for the construction of affordable rental housing. The value associated
with the tax credits would allow residential units in these developments to be leased to
qualified households at below market rate rents.
3. Ho�v is the Housing Tax Credit Program different from ".section o"housing?
The Housing Tax Credit Program offer income qualified tenants a unit at a reduced rental
rate that is restricted by annually published rent guidelines. The Texas Department of
Housing and Community Affairs manages the Housing Tax Credit program.
The Section 8 housing voucher program authorizes the payment of rental housing
assistance (rent and utilities) to private landlords on behalf of low-income households. The
U.S. Department of Housing and Urban Development manages the Section 8 programs.
4. Why the recent interest in multi family housing tax credits projects in Anna?
The recent development interest is the result of a looming application deadline for
developers interested in making application for multi -family housing tax credits through
TDHCA. Interested developers typically look for properties in locations that would result in
a favorable score in the State's application scoring and review process. There is similar
interest in multi -family housing tax credit projects in many communities in Collin County
and throughout the State.
5. Did the City or the City Council seek out or recruit any of tfie proposed multi family.
development projects?
No. The City, including the City Council, did not solicit, invite or recruit interest from any of
the proposed multi -family development projects. The City Council has not yet taken any
action on the requests it has received from the developers of the proposed multi -family
)rojects. The City Council is seeking community input before any decision is made.
6. Does the City have adequate infrastructure to support these development projects?
Prior to receiving permission to build, all development projects must undergo a thorough
review to verify compliance with City development regulations, and to determine what
public improvements (water, sewer, streets, drainage) are needed to support the
development. The developer is typically required to construct the necessary public
improvements.
7. Are there any plans to widen FM 455 to accommodate increased traffic?
Yes. The City of Anna, Collin County, and the Texas Department of Transportation (TxDOT)
have been working for the past several years on plans to reconstruct and widen FM 455
(White Street) between US 75 and State Highway 5 (Powell Parkway). We have recently
been advised by TxDOT that the project should start next month. Construction is expected
to last 18 months. TxDOT officials will provide the City Council an update in February.
S. V!/ill these developments increase demand for Police and Fire Services?
All new growth necessarily has an impact on demand for City services including police and
fire services. Each year during the budget process, the City reviews the level of service that
will be needed to accommodate the existing and projected growth of our community.
9. Ho��+� wi!! our school system accommodate the impact of these new developments?
The City's Planning Director meets regularly with representatives from the school district to
review all new and proposed development projects so that the school district in able to
factor in the projected growth of our community into its strategic plan.
10. How will the owners of multi family developments be held accountable for the up keep of
their properties?
The City has a licensing and inspection program that requires an annual inspection of all
multi -family properties and living units. Multi -family developments will be inspected for
compliance with the City's building and property maintenance codes. In addition, TDHCA
monitors and physically inspects all properties that have received tax credits from any
TDHCA program. Properties are generally monitored once every three years; additional
inspections may be done as a result of complaints or to rectify serious compliance
violations. Property owners who do not follow applicable guiding program rules and
regulations and property standards may be subject to certain actions designed to
encourage compliance. These actions, if not promptly addressed, may lead to other more
serious actions such as the assessment of administrative penalties or debarment from
TDHCA's affordable multifamily programs.
11. What public transportation options are available to Anna residents?
TAPS Public Transit provides on -demand curb -to -curb public transportation for residents of
the city of Anna. TAPS buses run Monday -Friday with the earliest available pickup time at
6:00am and the latest available pickup time at 5:30pm. TAPS is aggressively expanding
service options to the residents of Collin County.
12. What would be the financial impact to the City's tax base?
According to the Collin County Central Appraisal District, multi -family developments are
not assessed in the same manner as commercial or residential properties. Net operating
income and a capitalization rate are factors in determining the assessed value of multi-
family developments. We do not have enough data to estimate the possible tax base
impact of the proposed developments.