HomeMy WebLinkAbout2015-02-10 Workshop & Regular MeetingCITY COUNCIL MEETING
SIGN IN SHEET
DATE: 0 /
Please sign4n as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
ADDRESS
Y{OUR} FiOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
February 10, 2015 6:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
February 10, 2015 at the Anna City Hall Administration Building, located at III N.
Powell Parkway (Hwy 5), regarding the following items:
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing/Presentation regarding street names for future thoroughfares. (Maurice
Schwanke)
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions,
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code 4551.071);
Personnel Policy Manual
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right -of --way,
easements, and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City seeks
to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City is conducting economic development
negotiations; or (2) To deliberate the offer of a financial or other
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.
02-10-15 CC Workshop Meeting Agenda.doc 1 Posted 02-06-IS
incentive to a business prospect described by subdivision (1). i1ex,
Gov't Code 551.087), proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update, non -
advisory Boards and Commissions. (Tex. Gov't Code, 551.074).
The council finther reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
5. Consider/Discuss/Action on any items listed on posted agenda for February 10,
2015 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
6. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5*00 p.m., February 6, 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 legallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-10-15 CC Workshop Meeting Agenda.doc 2 Posted 02-06-15
CITY OF ANNA,TEXAS
AGENDA SUBJECT:
thoroughfares.
Item No. 3 WS
City Secretary's use only
City COuncil Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
February 10, 2015
Maurice Schwanke
Briefing/Presentation regarding street names for future
SUMMARY: The City Council in 2004 passed an ordinance regarding street names for
future streets and some existing county roads. In 2010 the City adopted a new
comprehensive plan with many of the thoroughfares having significant changes.
Additionally, some streets that connect to or will connect to future thoroughfares have
different names. Attached are exhibits that show the differences. The third exhibit
shows the conflicts. The staff is seeking direction on renaming of streets or adding or
deleting names.
STAFF RECOMMENDATION: Seeking Direction
Y{OUA}HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
February 109 2015
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., February
10, 2015, at the Anna City Hall Administration Building, located at I I 1 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign4n4heet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
5. Briefing from TxDOT regarding FM 455 construction schedule. (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.
024045 CC Regular Meeting Agenda.doc 1 Posted 02-06-I5
6. Consent Items. These items consist of non -controversial or "housekeeping"
items required by laiv. Items may be considered individzrally by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve January 135 2015 Regular City Council Minutes.
b. Approve a resolution authorizing the City Manager to execute an
Agreement with Valley View Consulting LLC for investment
advisory services. (Clayton Fulton)
c. Approve a resolution reviewing the City's Investment Policy.
(Clayton Fulton)
d. Approve and ordinance calling for the May 9, 2015 General Election.
(City Secretary)
e. Approve a resolution regarding a Facilities Use Agreement with Anna
Sports Group. (Maurice Schwanke)
f. Review P & Z Minutes for October 6, 2014 Regular Meeting,
November 3, 2014 Minutes for Workshop Session; November 3,
2014 Minutes for Regular Meeting; December 01-14 Regular
Meeting minutes; and January 5, 2015 Regular Meeting Minutes.
(Maurice Schwanke)
g. Review Park Board Minutes for February 18, 2014 Special Meeting;
April 21, 2014 Regular Meeting; July 21, 2014 Regular Meeting;
August 18, 2014 Regular Meeting, and September 15, 2014 Regular
Meeting. (Maurice Schwanke)
7. Consider/Discuss/Action adopting an ordinance amending the City's Financial
Policy. (Clayton Fulton)
Public Hearing: For City Council to hear public comment regarding an
ordinance adopting a Water Resource Emergency Management an.
(b) Consider/Discuss/Action regarding an ordinance adopting a Water
Resource Emergency Management Plan. (Joseph Johnson)
9. Consider/Discuss/Action regarding a resolution authorizing the submission of
a TxCDBG Program application to the Texas Department of Agriculture for
sewer improvements. (Joseph Johnson)
10. Consider/Discuss/Action on a resolution committing matching funds in
support of activities proposed in a Texas Community Development Blocic
Grant Program application to the Texas Department of Agriculture for sewer
improvements. (Joseph Johnson)
11. Consider/Discuss/Action regarding a resolution approving a land purchase and
sale agreement with the Luscombe Family Trust. (Maurice Schwanke)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-10-I5 CC Regular Meeting Agenda.doc 2 Posted 02-06-15
1I Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of The Villages of Hurricane Creels from "PD" — single
family residential to "PD"— single family residential. (Maurice Schwanke)
13. Public Hearing, For City Council to hear public comment regarding the
creation of a Public Improvement District for The Villages of Hurricane
Creek. (City Manager)
14. Consider/Discuss/Action regarding a resolution authorizing the sale of a fire
rescue vehicle. (Chief Gothard)
15. Briefing/Discussion regarding submission of a police grant application. (Chief
Jenks)
16. Discussion regarding possible ordinance regulating the purchase and
possession of electronic cigarettes by minors. (City Council)
17. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions,
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code &551.071);
personnel policy manual;
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right -of --way;
easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City seeks
to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City is conducting economic development
negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). Tex.
Gov't Code 551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Update; non -
advisory Boards and Commissions._(Tex. Gov't Code �551.074).
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 legallyjustiffed 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.
02-10-15 CC Regular Meeting Agenda.doc 3 Posted 02-06-15
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,
18. Consider/Discuss/Action on any items listed on posted agenda for February
10, 2015 Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
19. 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. February 6, 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.
02-10-15 CC Regular Meeting Agenda.doc 4 Posted 02-06-15
i
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Call to order.
SUMMARY:
STAFF RECOMMENDATION:
Item No. I
City Secretary's use only
City Council Agenda
Staff Report
Date: February 10, 2015
'Staff Contact: City Manager
Fxhihitt*
CITY OF ANNA, TEXAS
Item No. 2
City Secretary's use only
City Council Agenda
Staff Report
Date: February 13, 2015
Staff Contact: City Manager
Exhibits:
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA,TEXAS
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date: February 10, 2015
Staff Contact: City Manager
Exhihits.
AGENDA SUBJECT: Citizen comments.
Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss
any issues that are brought up during this section that are not on the agenda, other than
to make statements of specific factual information in response to a citizen's inquiry or to
recite existing policy in response to the inquiry.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA,TEXAS
Item No. 4
City Secretary's use only
City Council Agenda
Staff Report
Date: February 10, 2015
Staff Contact: City Manager
Exhibits:
AGENDA SUBJECT: Receive reports from Staff or the City Council about Items of
community interest.
Items of community interest include expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including a
change in status of a person's public office or public employment); a reminder about an
upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than
the governing body that was attended or is scheduled to be attended by a member of
the governing body or an official or employee of the municipality; and announcements
involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 15
City Secretary's use only
City COuncil Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10I 2015
Joseph Johnson
AGENDA SUBJECT: Briefing from TxDOT regarding FM 455 construction schedule.
(Joseph Johnson)
u�P 1►�i/eli'�
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 6La-gj
City Secretary's use only
City Council Agenda
Staff Report
Date: February 10, 2015
Staff Contact: City Manager
Exhibits:
AGENDA SUBJECT: Consent Items.
These items consists of non -controversial or "housekeeping" items required by law.
Items may be considered individually by any Council Member making such request prior
to motion and vote on the Consent Items.
SUMMARY:
a. Approve January 13, 2015 Regular City Council Minutes.
b. Approve a resolution regarding Agreement with Valley View
Consulting LLC. (Clayton Fulton)
c. Approve an ordinance amending the City's Investment Policy.
(Clayton Fulton)
d. Approve and ordinance calling for the May 9, 2015 General Election.
(City Secretary)
e. Approve a resolution regarding a Facilities Use Agreement with Anna
Sports Group. (Maurice Schwanke)
f. Review P & Z Minutes for October 6, 2014 Regular Meeting,
November 3, 2014 Minutes for Workshop Session; November 3,
2014 Minutes for Regular Meeting; December 0144 Regular
Meeting minutes; and January 5, 2015 Regular Meeting Minutes.
(Maurice Schwanke)
g. Review Park Board Minutes for February 18, 2014 Special Meeting;
April 21, 2014 Regular Meeting; July 21, 2014 Regular Meeting;
August 18, 2014 Regular Meeting, and September 15, 2014 Regular
Meeting. (Maurice Schwanke)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
January 139 2015
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., January 13,
2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway
(Hwy 5), regarding the following items:
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Milce Crist and Council Members James T. Cook, Lauren Lovato, Chad
Barnes, Nathan Bryan and Dick Dowd were present. Council Member John
Beazley was absent.
3. Briefing/Presentation by Palladium USA regarding proposed multi -family
development in the Anna Crossing subdivision.
City Manager, Philip Sanders presented the item to council. Representative John
Arnold with Skorburg Co. gave a presentation and introduced representatives
from Palladium USA who gave a presentation regarding their project.
4. Briefing/Presentation by Brownstone Constructionregarding proposed
mixed use with multi -family development at 211 W. 5t1i Street.
Philip Sanders, City Manager introduced Jeremy Mears with Brownstone. Mr.
Mears presented his project to council.
Council Member Bryan made the motion to enter closed session at 7:10 pm.
Council Member Lovato seconded the motion. Motion passes.
FAVW
NAY 0
ABSTAIN 0
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions.a
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);
O1-13-15 CC Workshop Meeting Minutes.doc I 01-13-15
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To
deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update;
City Manager Annual Review; non -advisory Boards and
Commissions. (Tex. Gov't Code . 551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception to
the Open Meetings Act.
Council Member Dowd made the motion to return to open session. Council
Member Lovato seconded the motion. Motion passes.
ABSTAIN 0
6. Consider/Discuss/Action on any items listed on posted agenda for January
13, 2015 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
Council Member Dowd made the motion to take no action. Council Member
Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Adjourn.
Council Member Barnes made the motion to adjourn at 7:33 pm. Council Member
Bryan seconded the motion. Motion passes.
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Milce Crist, Mayor
01-13-15 CC Workshop Meeting Minutes.doc 2 Ol-13-15
01-13-15 CC Workshop Meeting Minutes.doc 3 01-13-15
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
January 13, 2015
7:30 P.M. — Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., January 13,
2015, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as
attendance. If you wish to speak on an open -session agenda item please
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:33 pm.
2. Invocation and Pledge of Allegiance.
Mayor Mike Crist gave the invocation.
fill
3. Citizen comments. Citizens me allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought zip during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
Judith Waldrop spoke against multi -family housing. Robert Moore spoke
against multi -family housing. Nicholas Rublts spoke against multi -family
housing. Don Mavey Jr. spoke against multi -family housing. Terry Farrell
spoke against multi -family housing. Stephanie Wright spoke against multi-
family housing. Don Collins spoke regarding the multi -family housing.
4. Receive reports from Staff or the City Council about items of community
interest Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules,
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment), a reminder about an upcoming event organized or
sponsored by the governing body, information regarding a social,
ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by
a member of the governing body or an official or employee of the
municipality, and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
None
01-13-IS CC Regular Meeting Minutes.doc 1 01-13-IS
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve December 9, 2014 City Council Regular Meeting
Minutes.
b. Approve December 16, 2014 City Council Meeting Minutes.
c. Presentation of the Quarterly Investment Report. (Clayton
Fulton)
d. Approve a resolution regarding "Mudpies and Lullabies" site
plan. (Maurice Schwanke)
e. Approve a resolution regarding "Higby" development plat.
(Maurice Schwanke)
f. Approve a resolution regarding "Burnco Texas LLC"
development plat. (Maurice Schwanke)
g. Approve a resolution regarding "3PIex Offices" site plan.
(Maurice Schwanke)
h. Approve a resolution regarding "Johnson Addition" final plat.
(Maurice Schwanke)
i. Approve a resolution regarding "Anna Crossing PH IA" final
plat. (Maurice Schwanke)
j. Presentation of the Anna Racial Profiling Report. (Chief Jenks)
Council Member Barnes made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
NAY 0
6. Consider/Discuss/Action regarding a resolution approving a Development
Agreement with QJR Partnership LTD. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Council Member Barnes made the motion
to approve. Council Member Bryan seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. Consider/Discuss/Action regarding an ordinance approving the
annexation of a 24 acre tract of land located in the J C Brantley Survey,
Abstract A0114. (Maurice Schwanke)
Maurice Schwanke Director of Planning and Development presented the item
to council and answered questions. Council Member Cook made the motion to
approve. Council Member Barnes seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
01-13-15 CC Regular Meeting Mimites.doc 2 01-13-IS
8. (a) Public Hearing: For the City Council to hear public comment
regarding the proposed zoning of a 24 acre tract of land located in the J C
Brantley Survey, Abstract A0114. (Maurice Schwanke)
Maurice Schwanke Director of Planning and Development presented Lite item
to council and answered questions. Mayor Crist opened the public hearing at
8#03 pm. Jeff Crandle owners of the property spoke. Mayor Crist closed the
public hearing at 8:04 pm.
(b) Consider/Discuss/Action regarding an ordinance approving the
zoning of a 24 acre tract of land located in the J C Brantley Survey,
Abstract A0114. (Maurice Schwanke)
Mayor Crist made the motion to approve. Council Member Bryan seconded
the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
9. Public Hearing: (ls') For the City Council to hear public comment
regarding the annexation of the following tract: a tract of land in the
Hiram Brinlee Survey, ABS 0030 generally located north of Foster
Crossing Blvd. and on both sides of County Road 419 and adjacent to the
city limits, containing approximately 64.1 acres of land more or less.
(Maurice Schwanke)
Maurice Schwanke Director of Planning and Development presented the item
to council and answered questions. Mayor Crist opened the public hearing at
8:07 pm. There was no public comment. Mayor Crist closed the public
hearing at 8:07 pm.
10. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of The Villages of Hurricane Creek from
single family residential to "PD"— single family residential. (Maurice
Schwanke)
Maurice Schwanke Director of Planning and Development presented the item
to council Mayor Crist opened the public hearing at 8:08 pm. No public
comment. Mayor Crist made the motion to hold open and continue on the
February 10, 2015 City Council Meeting at 7:30 pm. Council Member Barnes
seconded the motion.
AYE 6 NAY 0 ABSTAIN 0
11. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for The Villages of Hurricane
Creek. (City Manager)
Philip Sanders, City Manager presented the item to council and answered
questions. Mayor Crist opened the public hearing at 8:10 pm. There was no
O1-13-15 CC Regular Meeting Minutes.doc 3 01-13-15
public comment. Mayor Crist stated that the public hearing is held open and
will continue on February 10, 2015 at 7:30 pm.
1I Consider/Discuss/Action regarding a resolution authorizing the City
Manager to execute an engineering task order with Birkhoff, Hendricks,
and Carter, LLP for the Pecan Grove Waterline Project. (Joseph
Johnson)
Joseph Johnson Director of Public Works presented the item to council and
answered questions. Council Member Bryan made the motion to approve.
Council Member Lovato seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
13. Consider/Discuss/Action approving a resolution designating authorized
signatories for contractual documents and documents for requesting
funds pertaining to the TxCDBG project. (Joseph Johnson)
Joseph Johnson Director of Public works presented the item to council and
answered questions. Council Member Bryan made the motion to approve.
Council Member Dowd seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
14. Consider/Discuss/Action regarding a resolution approving a Settlement
and Release Agreement with Oncor Electric Delivery Company. (City
Manager)
Philip Sanders City Manager presented the item to council and answered
questions. Council Member• Dowd made the motion to approve. Council
Member Barnes seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
Public Hearing: For City Council to hear public comment regarding
an ordinance amending Part III -A (Subdivision Regulations), Article 3
(Subdivision Design Standards), Section 9.02 (a) of the Anna City Code of
Ordinances. (City Manager)
Philip Sander City Manager presented the item to council and answered
questions. Mayor Crist opened the public hearing at 8:18 pm. There was no
public comment. Mayor Crist closed the public hearing at 8618 pm.
(b) Consider/Discuss/Action regarding an ordinance amending Part III -A
(Subdivision Regulations), Article 3 (Subdivision Design Standards),
Section 9.02 (a) of the Anna City Code of Ordinances. (City Manager)
Council Member Barnes made the motion to approve. Council Member
Lovato seconded the motion. Motion passes.
O1-13-15 CC Regular Meeting Minutes.doc 4 01-13-15
nnnkILAL
VA �MAIHDMFM�E
16. Future Agenda Consideration:
Consider/Discuss/Action regarding placing the following item on a future
City Council agenda. Ordinance regulation the purchase and possession
of electronic cigarettes by minors. (Councilmember Barnes)
Philip Sanders City Manager presented the item to council. Council Members
and discussed putting the item on a future agenda for more discussion.
17. Briefing/Discussion regarding review of city facilities architectural
proposals. (City Manager)
City Manager, Philip Sanders briefed council on this item and answered
questions.
18. Consider/Discuss/Action regarding a resolution authorizing the City
Manager to execute a contract for the construction of the Slayter Creek
Influent Lift Station Project.
Joseph Johnson Director of Public Works presented the item to council and
answered questions. Council Member Bryan made the motion to approve.
Council Member Barnes seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
Council Member Barnes made the motion to enter closed session at 8:31 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
19. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions.
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way; easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
01-13-15 CC Regular Meeting Minutes.doc 5 01-13-15
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
pA ospect described by subdivision (1). (Tex. Gov't Code
551.087); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary Update;
City Manager Annual Review; non -advisory Boards and
Commissions. (Tex. Gov't Code .551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
Mayor Crist made the motion to return to open session at 10:04 pm.
Council Member Lovato seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
20. Consider/Discuss/Action on any items listed on posted agenda for
January 13, 2015 Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
Council Member Bryan made the motion to take no action. Council Member
Dowd seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
21. Adjourn.
Council Member Bryan made the motion to adjourn at 10:05 pm. Mayor Crist
seconded the motion. Motion passes.
ATTEST:
Natha Willcison, City Secretary
APPROVED:
Mike Crist, Mayor
01-13-15 CC Regular Meeting Minutes.doc 6 01-13-15
�w
CITY OF ANNA, TEXAS
Item No. PLDJ
City Secretary's use only
City COuncil Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
February 10, 2015
Clayton Fulton
AGENDA SUBJECT:
Approve a resolution authorizing the City Manager to execute an agreement with Valley
View Consulting, LLC for investment advisory services.
SUMMARY:
In January 2013 the City entered into a contract with Valley View Consulting, LLC to
assist the City with the management of investments, to assist in preparation of quarterly
investment reports, and to support the City's compliance with the Public Funds
Investment Act.
The current contract has expired; the attached resolution and contract will engage
Valley View for an additional year.
STAFF RECOMMENDATION:
Approve the resolution authorizing the City
View Consulting, LLC
Manager to execute a contract with Valley
CITY OF ANIMA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH
VALLEY VIEW CONSULTING LLC FOR CONSULTING SERVICES ON
INVESTMENTS AND OTHER RELATED FINANCIAL SERVICES
WHEREAS, this City Council (the Council) desires to secure consulting services related
to managing authorized investments under the Texas Public Funds Investment Act
(PFIA) and other related financial services.
WHEREAS, Valley View Consulting (the Consultant) desires to provide consulting
services related to managing authorized investments under the PFIA and other related
financial services to the City of Anna (the City).
WHEREAS, The Council foresees that the use of the Consultant will produce more
efficient and less costly management of the City's investments.
WHEREAS, The Consultant is charging a fair and reasonable price for their services
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Contract
The Council hereby approves the Contract attached hereto as Exhibit 1 for Consulting
on Investment of City Funds, and authorizes, raes, and approves the City Manager's
execution of same. The City Manager is hereby authorized to execute all documents
and to take all other actions necessary to finalize, act under, and enforce the contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th
day of February, 2015.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
PAGE 1 OF 1
CITY OF ANNA, TEXAS
Item No. 6 e
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT:
Approve a Resolution reviewing the City's Investment Policy
February Yes
10, 2015
Clayton Fulton
SUMMARY:
The Public Funds Investment Act (PFIA) states that "the governing body of an investing
entity shall review its investment policy and investment strategies not less than
annually". To maintain compliance with the PFIA the Council must pass an ordinance or
resolution stating they have reviewed the investment policy for the City of Anna.
Staff reviewed our investment policy along with Valley View Consultants, our
investment advisors. No substantive changes have been made from the version of the
policy reviewed last year. The effective date of the policy was updated and the title for
a member of the investment committee was updated to reflect a title change that
occurred in FY 15.
STAFF RECOMMENDATION:
Approve the resolution reviewing the City's investment policy and investment strategy.
AGREEMENT
BY AND BETWEEN
CITY OF ANNA, TEXAS
AND
VALLEY VIEW CONSULTING, L.L.C.
It is understood and agreed that the City of Anna, Texas (the Investor), a Texas municipal
corporation, will have from time to time money available for investment (Investable Funds)
and that Valley View Consulting, L.L.C. (Advisor), a Virginia limited liability company, has
been requested to provide professional services to the Investor with respect to the Investable
Funds. This agreement (the Agreement) constitutes the understanding of the undersigned
parties with regard to the subject matter hereof.
1. This Agreement shall apply to any and all Investable Funds of the Investor from time to
time during the period in which this Agreement shall be effective.
2. The Advisor agrees to provide its professional services to direct and coordinate all
programs of investing as may be considered and authorized by the Investor.
3. The Advisor agrees to perform the following duties:
a) Assist the Investor in developing cash flow projections,
b) Suggest appropriate investment strategies to achieve the Investor's objectives,
c) Advise the Investor on market conditions, general information and economic data,
d) Analyze risk/return relationships between various investment alternatives,
e) Attend occasional meetings as requested by the Investor,
f) Assist in the selection, purchase, and sale of investments. The Advisor shall not have
discretionary investment authority over the Investable Funds and the Investor shall
make all decisions regarding purchase and sale of investments. All funds shall be
invested consistent with the Texas Public Funds Investment Act, Chapter 2256
Government Code and the Investor's Investment Policy. The eligible investments are
listed in the Investor's Investment Policy,
g) Advise on the investment of bond funds as to provide the best possible rate of return to
the Investor in a manner which is consistent with the proceedings of the Investor
authorizing the investment of the bond funds or applicable federal rules and
regulations,
h) Assist the Investor in creating investment reports in compliance with State legislation
and the Investor's Investment Policy, and
i) Assist the Investor with primary depository bank selection.
Page 1
4. The Investor agrees to,
a) Compensate the Advisor for any and all services rendered and expenses incurred as set
forth in Appendix A attached hereto,
b) Provide the Advisor with the schedule of estimated cash flow requirements related to
the Investable Funds, and will promptly notify the Advisor as to any changes in such
estimated cash flow projections,
c) Allow the Advisor to rely upon all information regarding schedules, investment
policies and strategies, restrictions, or other information regarding the Investable
Funds as provided to it by the Investor and that the Advisor shall have no
responsibility to verify, through audit or investigation, the accuracy or completeness of
such information,
d) Recognize that there is no assurance that recommended investments will be available
or that such will be able to be purchased or sold at the price recommended by the
Advisor, and
e) Not require the Advisor to place any order on behalf of the Investor that is inconsistent
with any recommendation given by the Advisor or the policies and regulations
pertaining to the Investor.
5. In providing the investment services in this Agreement, it is agreed that the Advisor shall:
(a) at all times act in accordance with the provisions of this Agreement and the Investor's
Investment Policy; and (b) comply with the following standard of care: Investments shall be
made with judgment and care, under circumstances then prevailing, that hat a person of prudence,
discretion, and intelligence would exercise in the management of the person's own affairs, not
for speculation, but for investment, considering the probable safety of capital and the probable
income to be derived. Provided that a loss or penalty is not sustained by the Investor due to the
Advisor's failure to satisfy the foregoing requirements, the Advisor shall have no liability or
responsibility for such a loss or penalty. The Advisor shall be liable for its own gross
negligence or willful misconduct, but shall not be responsible for any loss incurred by reason
of any act or omission of any financial institution or broker/dealer, selected with reasonable
care by the Advisor and approved by the Investor, or of the Investor's custodian or safekeeping
agent. Furthermore, the Advisor shall not be liable for any investment made which causes the
interest on the Investor's obligations to become included in the gross income of the owners
thereof, unless the making of such investment is not in compliance with the Advisor's
obligations under this Agreement, the Investor's Investment Policy, or the above -stated
standard of care.
6. The fee due to the Advisor in providing services pursuant to this Agreement shall be
calculated in accordance with Appendix A attached hereto, and shall become due and payable
as specified. Any and all expenses for which the Advisor is entitled to reimbursement in
accordance with Appendix A attached hereto shall become due and payable at the end of each
calendar quarter in which such expenses are incurred.
Page 2
7. This Agreement shall remain until January 31, 2010, with the option of the Investor to
extend this Agreement in additional one or two year increments. Provided, however, the
Investor or Advisor may terminate this Agreement upon thirty (30) days written notice to the
other party. In the event of such termination, it is understood and agreed that only the amounts
due to the Advisor for services provided and expenses incurred to and including the date of
termination will be due and payable. No penalty will be assessed for termination of this
Agreement. In the event this Agreement is terminated, all investments and/or funds held by
the Advisor shall be returned to the Investor as soon as practicable. In addition, the parties
hereto agree that upon termination of this Agreement the Advisor shall have no continuing
obligation to the Investor regarding the investment of funds or performing any other services
contemplated herein.
8. The Advisor reserves the right to offer and perform these and other services for various
other clients. The Investor agrees that the Advisor may give advice and take action with
respect to any of its other clients, which may differ from advice given to the Investor. The
Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent
conflicts with the performance of the Advisor towards its other clients.
9. Advisor shall not assign any obligation or interest in this Agreement, and shall not transfer
any obligation or interest in this Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of Investor.
10. The Investor acknowledges that as a government entity much, or all, of the data and
material provided to the Advisor is public information. The Advisor shall make reasonable
efforts to protect any non-public information.
11. The Investor acknowledges that:
1) The Investor was provided a written copy of Form ADV Part 2 not less than
48 hours prior to entering into this written contract, or
2) The Investor received a written copy of Form ADV Part 2 at the time of
entering into this contract and has the right to terminate this contract without
penalty within five business days after entering into this contract.
3) _X_ The Investor is renewing an expiring contract and has received in the past,
and offered anmrally, a written copy of Form ADV Part 2.
12. This Agreement constitutes the complete and final expression of the agreement of the
parties, and is intended as a complete and exclusive statement of the terms of their agreements,
and supersedes all prior or contemporaneous offers, promises, representations, negotiations,
discussions, communications, and agreements which may have been made in connection with
the subject matter hereof.
13. If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable fiom the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the
Page 3
parties shall reform this Agreement to replace such striclen provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the
stricken provision.
14. This Agreement is performable in Texas and exclusive jurisdiction and venue of any
suit or cause of action arising out of or related to this Agreement shall lie exclusively in
Collin County, Texas. This Agreement shall be construed in accordance with the laws of
the State of Texas.
15. No waiver or modification of this Agreement or of any covenant, condition, or
limitation herein contained shall be valid unless in writing and duly executed by the party
to be charged therewith, and no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties hereto out of or
affecting this Agreement, or the rights or obligations of the parties hereunder, and unless
such waiver or modification is in writing and duly executed; and the parties further agree
that the provisions of this section will not be waived unless as set forth herein.
16. This Agreement inures solely to the benefit of, and may only be enforced by, the
Parties. No other person or entity shall have any right, title, or interest under this
Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement.
17. All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the
United States mail to the address shown below, certified mail, return receipt requested,
unless otherwise specified herein.
To Advisor:
Valley View Consulting, L.L.C.
Richard Long
2428 Carters Mill Road
Huddleston, VA 24104
To Investor:
City Manager
City of Anna
111 North Powell Parkway
Anna, Texas 75409
18. As an entity organized outside of the State of Texas, Advisor must register as a foreign
company with the Office of the Texas Secretary of State. While the Advisor may begin
work under this Agreement before it has completed such registration, the Investor shall
have no obligation to make any payment under this Agreement until such time that
Advisor has fully completed said registration. Once registered, Advisor shall maintain
such registration in good status with the Office of the Texas Secretary of State at all times
while performing any services under this Agreement and for at least 12 months after the
conclusion of the performance of said services. Notwithstanding any other provision of
this Agreement, Investor may terminate this Agreement after giving 30 days' written notice
to Advisor that Investor has determined, upon information and belief, that Advisor has not
completed such registration with the Texas Secretary of State. Such termination shall
become effective 30 days after submission of said written notice unless Advisor delivers
proof to Investor that it has fully completed such registration. To be considered valid said
proof must be certified by the Office of the Texas Secretary of State.
When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the
entire Agreement between the Investor and Advisor for the purposes and the consideration herein
specified. Acceptance will be indicated with the return of one executed copy to Advisor.
This Agreement is hereby agreed to and executed by the parties as follows:
City of Anna, Texas
By:
Philip Sanders, City Manager
Attest:
Natha Willcison, City Secretary
Valley View Consulting, L.L.C.
By:
Richard G. Long, Jr., Manager
Witness:
APPENDIX A
FEE SCHEDULE AND EXPENSE ITEMS
In consideration for the services rendered by Advisor in connection with the investment %J the
Investable Funds for the Investor, it is understood and agreed that its fee will be an annual fee
equal to the greater of ten basis points (0.10%) of the total portfolio's average quarter end book
value or $10,000.00 for each contract year. The applicable portion of said fee shall be due and
payable at the end of each investment quarter.
Should the Investor issue debt and select a bond proceeds investment strategy that incorporates a
flexible repurchase agreement or other structured investment, fees will be determined by any
applicable I.R.S. guidelines and industry standards.
Should the Investor request assistance with monthly investment portfolio accounting, additional
fees may apply. Said fee shall not exceed $5,000.00 per year.
Should the Investor request assistance with primary depository bank selection, additional fees
may apply. Said fee shall not exceed $5,000.00 per request for proposal.
Said fee includes all costs of services related to this Agreement, and all travel and business
expenses related to attending regularly scheduled occasional meetings. With pre -trip Investor
approval, the Advisor may also request reimbursement for special meeting or event travel and
business expenses. The obligation of the Advisor to pay expenses shall not include any costs
incident to litigation, mandamus action, test case or other similar legal actions.
Although none are anticipated, any other fees retained by Advisor in the performance of its duties
shall be disclosed to the Investor.
Page 1
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION REVIEWING THE INVESTMENT POLICY OF THE CITY OF ANNA.
WHEREAS, the City of Anna, Texas ("the City") is committed to principles and
practices of open and fair government that honor the public trust; and
WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that
it is in the interests of the citizens of Anna to adopt an Investment Policy that
establishes policies and procedures to govern the management and care of public
funds;
WHEREAS, The Public Funds Investment Act ("the Act") requires annual review of the
City's Investment Policy
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Investment Policy Reviewed
The City Council has hereby reviewed the City's investment policy and investment
strategies.
PASSED by the City Council of the City of Anna, Texas, on this the 10th day of February,
2015.
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO.
►a��zlv:l.�
Mike Crist, Mayor
Page 1 of 1
City of Anna, Texas
Investment Policy
February 20, 2015
INVESTMENT POLICY
A component part of the overall financial management of the City of Anna, Texas is an effective
cash management plan. Many factors determine the amount of funds on hand during any fiscal
year, but these funds are an important revenue source for the City budget. It is imperative that
these fiends be managed in such a way as to be responsive to the public need and consistent with
a conservative cash management plan. To provide this framework for effective cash
management, an Investment Policy and a Statement of Investment Strategy have been prepared.
Purpose:
The Investment Policy is authorized by the City Council of the City of Anna in accordance with
Chapter 2256, Texas Government Code, also known as the Public Funds Investment Act (PFIA).
The Policy addresses the methods, procedures and practices that must be exercised to ensure
effective and judicious fiscal management of City funds. All such funds will be managed within
the guidelines of this Policy with the exception of pension and other deferred compensation plans
that are separately managed. Bond funds, in addition to this Policy, shall be managed in
accordance with their issuing documentation and all applicable state and federal law.
This Policy provides a separate written investment strategy for each of the City's funds. Each
investment strategy describes the investment objectives for each particular fund according to the
following priorities:
1) Investment Suitability
2) Preservation and Safety of Principal
3) Liquidity
4) Marketability Prior to Maturity of each Investment
5) Diversification
6) Yield
Annual Review:
The Investment Policy and the Statement of Investment Strategy will be reviewed on an annual
basis by the City Council. Revisions and/or amendments will be approved and documented by
the City Council. A written document shall attest to the annual review and amendment adoption.
Investment Objectives:
The investment of funds will be governed by the following investment objectives, in order of
priority:
1. Preservation and Safety of Principal
February 10, 2015 1
Preservation of capital is the foremost objective of the City. Each investment
transaction shall seek first to ensure that capital losses are avoided, whether they are
from issuer defaults, erosion of market value, or other risks.
2. Liquidity
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements that can be reasonably anticipated. Liquidity will be
achieved by matching investment maturities with forecasted cash flow requirements.
3. Public Trust
All employees involved in the City's investment program shall seek to act responsibly
as custodians of the public trust. All employees involved in the investment process
shall avoid any transaction which might impair public confidence in the City's ability
to govern effectively.
4. Yield
The investment portfolio of the City shall be designed to attain a market rate of return
throughout budgetary and economic cycles taking into account risk constraints and
liquidity needs. Return on investment, while important, is of less importance than
safety and liquidity.
Authorized Investments:
While the PFIA allows a wide range of eligible investments, the City has chosen to allow only
the following, which are more restrictive than the PFIA:
1. Obligations of the United States government or its agencies and instrumentalities.
2. Other obligations, the principal and interest of which are unconditionally guaranteed or
insured by, or backed by the full faith and credit of, this State or the United States or their
respective agencies and instrumentalities, including obligations that are fully guaranteed
or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and
credit of the United States.
3. Direct obligations of this State or its agencies and instrumentalities.
4. Certificates of Deposit, and other forms of deposit, issued in compliance with the PFIA
and insured by the FDIC, or when applicable, collateralized in accordance with this
Policy and the Public Funds Collateral Act.
5. Repurchase agreements placed and secured in compliance with the PFIA and,
collateralized with a minimum market value of 102 percent of the dollar value of the
transaction plus accumulated accrued interest.
6. SEC -registered, AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard &
Poor's), no-load money market mutual funds. The investment objective of the fund must
be to maintain a stable dollar net asset value of $1.00. The City may not invest funds
under its control in an amount that exceeds 10% of total assets of any individual money
February 10, 2015 2
market mutual fund. A fiend prospectus shall be reviewed for compliance with this Policy
prior to depositing monies.
7. State or local investment pools organized under the Interlocal Cooperation Act, operating
in compliance with the PFIA and authorized by the City Council. The investment pool
must be rated AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard &
Poor's). The investment objective of the pool must be to maintain a stable dollar net asset
value.
Prohibited Investments:
The City is expressly prohibited from entering into options trading or futures contracts, hedging
or purchasing any security that is not authorized by Texas State law, or any direct investment in
asset backed or mortgage -backed securities. The City expressly prohibits the acceptance of
Interest -only (IO) and Principal -only (PO) Collateralized Mortgage Obligations (CMOs) as
collateral for bank deposits or repurchase agreements. No transactions may be entered for
speculation. No transaction may be entered using leverage.
Protection of Principal:
The City shall seek to control the risk of principal loss due to the failure of an issuer or grantor.
Such default risk shall be controlled by investing only in the safest types of issuers as defined in
the Policy and by collateralization as required by law.
The purchase of individual securities shall be executed by "delivery versus payment" (DVP)
method through the City's safeleeping agent. By so doing, City funds are not released until the
City has received, through the safekeeping agent, the securities purchased.
Diversification by Investment Type:
When appropriate and applicable, diversification by investment type shall be maintained by
ensuring an active and efficient secondary market in portfolio investments, and by controlling the
market and opportunity risks associated with specific investment types. Undue concentrations of
assets in a specific maturity sector shall be avoided. Bond proceeds may be invested to comply
with Federal arbitrage restrictions or to facilitate arbitrage record -keeping and calculation.
Diversification by Investment Maturity:
In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not
exceed the anticipated cash flow requirements of the fiends. Maturity guidelines by fund are as
follows:
Operating Funds Strategy:
Suitability -Any investment eligible in the Investment Policy is suitable for Operating Funds.
Safety of Principal All investments shall be of high quality with no perceived default risk.
Market price fluctuations may occur. However, by managing the weighted average days to
maturity for the Operating Fund's portfolio to less than 270 days and restricting the maximum
allowable maturity to two years, the price volatility of the overall portfolio will be minimized.
February 10, 2015 3
Marketability - Securities with active and efficient secondary markets are necessary in the event
Aan unanticipated cash flow requirement.
Li uidiIOL-The Operating Fund requires the greatest short-term liquidity of any of the Fund
types. Cash equivalent investments will provide daily liquidity and may be utilized as a
competitive yield alternative to fixed maturity investments.
Diversification -Investment maturities should be staggered throughout the budget cycle to
provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be
reduced by diversifying the appropriate maturity structure out through two years.
Yield - Attaining a competitive market yield for comparable investment -types and portfolio
restrictions is the desired objective. The yield of an equally weighted, rolling three-month
Treasury Bill portfolio will be the minimum yield objective.
Construction and Capital Improvement Funds Strategy:
Suitability - Any investment eligible in the Investment Policy is suitable for Construction and
Capital Improvement Funds.
Safety of Principal —All investments will be of high quality with no perceived default risk.
Market fluctuations may occur. However, by restricting the maximum maturity to the lesser of
the anticipated cash flow requirements or the IRS defined temporary period, the market risk of
the portfolio will be minimized.
Marketability -The balancing of short-term and long-term cash flow needs requires the
Construction and Capital Improvement Funds portfolio to have securities with active and
efficient secondary markets.
Li uidi -Construction and Capital Improvement Funds used as part of a CIP plan or
scheduled repair and replacement program are reasonably predictable. However, unanticipated
needs or emergencies may arise. Maintaining minimum cash equivalent investment amounts will
reduce the liquidity risk of unanticipated expenditures. A singular repurchase agreement may be
utilized if disbursements are allowed in the amount necessary to satisfy any required
expenditures. This investment structure is commonly referred to as a flexible repurchase
agreement.
Diversification -Investment maturities should blend the short-term and long-term cash flow
needs to provide adequate liquidity, yield enhancement and stability. A "barbell" maturity
ladder may be appropriate.
Yield - Attaining a competitive market yield for comparable investment -types and portfolio
structures is the desired objective. The yield of an equally weighted, rolling six-month Treasury
Bill portfolio will be the minimum yield objective.
February 10, 2015 4
Debt Service Funds Strategy:
Suitability - Any investment eligible in the Investment Policy is suitable for the Debt Service
Fund.
Safety of Principal -All investments shall be of high quality with no perceived default risk.
Market price fluctuations may occur. However, by managing Debt Service Funds to not exceed
the debt service payment schedule, the market risk of the overall portfolio will be minimized.
Marketability -Securities with active and efficient secondary markets are not necessary as the
event of an unanticipated cash flow requirement is not probable.
Li uidi -Debt Service Funds have predictable payment schedules. Therefore, investment
maturities should not exceed the anticipated cash flow requirements. Cash equivalent
investments may provide a competitive yield alternative for short term fixed maturity
investments. A singular repurchase agreement may be utilized if disbursements are allowed in
the amount necessary to satisfy any debt service payment. This investment structure is
commonly referred to as a flexible repurchase agreement.
Diversification -Market conditions influence the attractiveness of fully extending maturity to
the next "unfunded" payment date. Generally, if investment rates are anticipated to decrease over
time, the City is best served by locking in most investments. If the interest rates are potentially
rising, then investing in shorter and larger amounts may provide advantage. At no time shall the
debt service schedule be exceeded in an attempt to bolster yield.
Yield - Attaining a competitive market yield for comparable investment -types and portfolio
restrictions is the desired objective. The yield of an equally weighted, rolling three-month
Treasury Bill portfolio shall be the minimum yield objective.
Ensuring Liquidity:
Liquidity shall be achieved by analyzing and anticipating cash flow requirements, by investing in
securities with active secondary markets and by maintaining minimum cash equivalent
investment balances. An investment may be liquidated or redeemed prior to maturity for the
following reasons:
1. To meet unanticipated cash requirements
2. To re -deploy cash into other investments expected to outperform current holdings
3. To otherwise to adjust the portfolio.
Depository Agreements:
The City will select and designate a qualified primary bank depository in compliance with State
law and the City's purchasing policy.
All depository balances shall be insured or collateralized in compliance with applicable State
law. The City reserves the right, in its sole discretion, to accept or reject any form of insurance or
collateralization pledged towards depository deposits. Depositories will be required to sign a
Depository Agreement with the City. The Agreement shall address any concerns in relation to
acceptable collateral, levels of collateral, substitution and addition of collateral, and reporting
February 10, 2015 5
and monitoring of collateral. The collateralized deposit portion of the Agreement shall define the
City's rights to the collateral in case of default, bankruptcy, or closing and shall establish a
perfected security interest in compliance with Federal and State regulations, including:
• The Agreement must be in wrng;
• The Agreement has to be executed by the Depository and the City contemporaneously
with the acquisition of the asset;
• The Agreement must be approved by the Board of Directors or Designated
Committee of the Depository and a copy of the meeting minutes must be delivered to
the City; and
• The Agreement must be part of the Depository's "official record" continuously since
its execution.
Safekeeping and Custody:
The City shall contract with a bank or banks for the safekeeping of securities either owned by the
City as part of its investment portfolio or held as collateral to secure financial institution deposits
and repurchase agreements.
Securities owned by the City shall be held in the City's account as evidenced by safekeeping
receipts of the institution holding the securities. Safekeeping institutions shall be independent
from the parties involved in the investment transaction.
Collateral will be held by a third party custodian designated by the City and pledged to the City
as evidenced by safekeeping receipts of the institution with which the collateral is deposited.
Original safekeeping receipts shall be obtained. Collateral may be held by a Federal Reserve
Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third party bank
approved by the City and eligible under State law.
Competitive Environment:
It is the policy of the City to provide a competitive environment for all individual investment
purchases and sales, and financial institution, money market mutual fund, and local government
investment pool selections.
Authority to Invest:
The City Manager and Finance Director shall be the Investment Officers. The Investment
Officers shall oversee and approve any deposit, withdrawal, investment, transfer, documentation,
and otherwise manage City funds according to this Policy. No person may engage in an
investment transaction or the management of funds except as provided under the terms of the
Investment Policy, the Statement of Investment Strategy, and other operational procedures
established by the City Manager.
In order ensure qualified and capable investment management, within twelve (12) months after
taking office or assuming duties, each Investment Officer shall attend a training session relating
to his/her investment responsibilities and receive not less than ten (10) hours of instruction. On
an ongoing basis, all Investment Officers shall receive not less than ten (10) hours of instruction
February 10, 2015 6
in each subsequent two-year period that begins on the first day of the City's fiscal year and
consists of the two consecutive fiscal years after that date. Training will be conducted by an
independent source approved by the Investment Committee and must include education in
investment controls, security risks, strategy risks, market risks and compliance with the Public
Funds Investment Act.
Prudent Investment Management:
Each Investment Officer shall perform his/her duties in accordance with the adopted Investment
Policy and internal procedures. In determining whether an Investment Officer has exercised
prudence with respect to an investment decision, the investment of all finds over which the
Investment Officer had responsibility, rather than the prudence of a single investment, shall be
considered. Investment Officers acting in good faith and in accordance with these policies and
procedures shall be relieved of personal liability.
Standard of Care:
The standard of care used by the City shall be the "prudent person rule" and shall be applied in
the context of managing the overall portfolio within the applicable legal constraints. The PFIA
states:
"Investments shall be made with judgment and care, under circumstances then
prevailing, that a person of prudence, discretion, and intelligence would exercise in the
manageinent of the person's own affairs, not for speculation, but for investment,
considering the probable safety of capital and the probable income to be derived. "
Standard of Ethics:
Each Investment Officer shall act as custodian of the public trust avoiding any transaction which
might involve a conflict of interest, the appearance of a conflict of interest, or any activity which
might otherwise discourage public confidence. An Investment Officer shall refrain from personal
business activity that could conflict with proper execution of the investment program, or which
could impair his/her ability to make impartial investment decisions. Additionally, an Investment
Officer shall file with the Texas Ethics Commission and the City Council a statement disclosing
any personal business relationship with an entity seeking to sell investments to the City or any
relationship with the second degree by affinity or third degree of consanguinity to an individual
seeking to sell investments to the City.
Internal Controls:
The City Manager will establish a system of internal controls that shall be designed to prevent
losses of public funds arising from fraud, employee error, and misrepresentation by third parties,
unanticipated changes in financial markets, or imprudent actions by City staff. Controls deemed
most important would include, but not be limited to:
1. Control of collusion
2. Separation of duties
3. Separating transaction authority from accounting and record -keeping
4. Custodial safekeeping
5. Avoidance of bearer -form securities
6. Clear delegation of authority
February 10, 2015 7
7. Written confirmation of telephone transactions
8. Documentation of transactions
As part of the annual audit, the Investment Officers shall facilitate an independent review by the
City's external auditor to assure compliance with policies and procedures.
Monitoring Market Value:
Market value of all collateral, mutual funds, pools, and securities will be monitored periodically
and obtained from a reputable and independent source.
Effect of Loss of Rating:
All prudent measures will be taken to liquidate an investment that is downgraded to less than the
required minimum rating. At least quarterly, the City shall monitor the rating of all investments,
as applicable.
Exemption for Existing Investments:
The City is not required to liquidate investments authorized at the time of purchase.
Performance:
The City's investment portfolio shall be designed to obtain a market rate of return on
investments consistent with risk constraints and expected cash flow of the City. Weighted
average yield to maturity shall be the performance measurement standard.
Authorized Broker/Dealers:
The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified
broker/dealers authorized to engage in securities transactions with the City. Authorized firms
include primary dealers or secondary dealers that qualify under Securities & Exchange
Commission Rule 15C3-I (Uniform Net Capital Rule).
Investment Policy Certification:
All investment providers, including financial institutions, broker/dealers, money market mutual
funds, and local government investment pools, must sign a certification acknowledging that the
organization has received and reviewed the City's Investment Policy and that reasonable
procedures and controls have been implemented to preclude investment transactions that are not
authorized by the City's Policy.
Investment Committee:
An Investment Committee comprised of the City Manager, City Finance Director and the
Finance/Budget Analyst will meet on a periodic basis. The Committee shall monitor the
investment activities; assist in the development of investment policies, strategies and procedures;
and annually review and approve the City's broker/dealers and independent training sources.
Reporting:
The Investment Officers shall prepare an investment report at least quarterly in compliance with
the PFIA. This report will be prepared in a manner that will allow the City to ascertain whether
February 10, 20l 5 8
investment activities during the reporting period have conformed to this Policy. The report will
be provided to the City Council.
In conjunction with the annual audit, the external auditor will perform a formal review of the
quarterly reports with the results reported to the City Council,
February 10, 2015 9
1_
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
(City Secretary)
Item No. 6��
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
City Secretary
Approve an ordinance calling for a May 9, 2015 General Election.
SUMMARY:
Place 1 Council Member and the Mayor positions are up for election in May 9, 2015. The
possibility of a Joint Election with Anna ISD and Collin County Community College exist
and would cut our costs. The attached ordinance calls for the May 9, 2015 City of Anna
General Election; provides for Early Voting schedule and allows the City Secretary to
contract with the Collin County Elections Administration to hold a joint Election.
Included in your packet is the ordinance calling for the election, the contract with the
Collin County Elections Administration and a break - down of the estimated costs
associated with the Election.
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A MAY 91
2015 JOINT GENERAL ELECTION WITH ANNA ISD; ORDERING MAY 9,
2015 JOINT GENERAL ELECTION WITH COLLIN COUNTY COMMUNITY
COLLEGE DISTRICT (COLLIN COLLEGE); ORDERING A MAY 9, 2015
GENERAL ELECTION TO ELECT (1) ONE CITY COUNCIL MEMBER, AND (1)
ONE MAYOR ALL FOR THREE-YEAR TERMS; PROVIDING FOR RUNOFF
ELECTION; DESIGNATING POLLING PLACES AND PROVIDING FOR
EARLY VOTING, NOTICE AND OTHER MATTERS RELATING TO SAID
ELECTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. In accordance with Texas Election Code § 3.004, this ordinance
constitutes the City Council's ordering of: (1) a May 9, 2015 Joint General
Election with Anna ISD; (2) ordering a May 9, 2015 Joint General Election with
Collin County Community College District (Collin College); and (3)ordering a May
9, 2015 General Election to elect (1) City Council position, Place 1 and (1)
Mayor, all for three-year terms; and, Eligible voters include qualified voters
residing within the corporate limits of the City of Anna.
Section 2. On May 9, 2015, the polling place will be open from 7 a.m. to 7 p.m.
The polling place on Election Day is:
Anna City Hall Administration Building
111 N. Powell Parkway
Anna, Texas 75409
Section 3. The polling place for early voting by personal appearance is the
same as the polling place on Election Day. The dates and times for early voters
to cast ballots by personal appearance are as follows:
Monday April 27, 2015 8:00 a.m. to 5:00 p.m.
Tuesday April 28, 2015 8:00 a.m. to 5:00 p.m.
Wednesday April 29, 2015 8:00 a.m. to 5:00 p.m.
Thursday April 30, 2015 8:00 a.m. to 7:00 p.m.
Friday May 1, 2015 8:00 a.m. to 5:00 p.m.
Saturday May 2, 2015 8:00 a.m. to 5:00 p.m.
Monday May 4, 2015 7:00 a.m. to 7:00 p.m.
Tuesday May 5, 2015 7:00 a.m. to 7:00 p.m.
Section 4. Sharon Rowe is designated as the early voting clerk. Qualified
voters may mail applications for a voting mail -in ballot only from March 10, 2015
W. -Item 6 (d) - 2015 Ord. Calling Joint Election.doc Page 1 of 2 024M5
until the close of business on April 30, 2015. Requests for applications must be
mailed to:
Sharon Rowe
Elections Administrator
2010 Redbud Blvd., Ste 102
McKinney, Texas 75069
Section 5. The City Secretary is ordered to do the following:
1. Coordinate with the Collin County Elections Department, Sharon
Rowe, Elections Administrator, to hold the May 9, 2015 City of Anna
General Election. Paper ballots approved by the Texas Secretary of
State will be used on Election Day and for early voting.
2. Provide and publish notice of the elections ordered in this ordinance in
accordance with the Texas Election Code,
3. Coordinate with the Collin County Elections Department, Sharon
Rowe, Elections Administrator, to hold a runoff election conducted in
accordance with the Texas Election Code if no candidate receives a
majority of the votes.
Section 6. If any section, subsection, sentence, clause, or phrase of this
ordinance, or its application to a particular set of persons or circumstances, is
declared invalid or adjudged unconstitutional by a court of competent jurisdiction,
it does not affect the remaining portions of this ordinance, as the various portions
and provisions of this ordinance are severable. The City Council of the City of
Anna, Texas, declares that it would have passed each and every part of this
ordinance notwithstanding the omission of any part that is declared invalid or
unconstitutional.
PASSED, APPROVED, AND ADOPTED on first and final reading on February
10, 2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
Ord. -Item 6 (d) - 2015 Ord. Calling Joiut Election.doc Page 2 of 2 02-10-15
1VIay 9, 2015
Joint General &Special Election
Contract for Election Services
City of Anna/Anna ISD
May 9, 2015
Joint General & Special Election
Table of Contents
I......................................................Duties and Services of Contracting Officer
II................................................Duties and Services of City and School District
III....................................................................................Cost of Election
IV.........................................................................Joint Election Agreement
V.................................................................................General Provisions
Exhibits
Exhibit A....................................................Early Voting Schedule and Locations
Exhibit B.................................................................Election Day Vote Centers
Exhibit C.............................................................................Cost of Services
Exhibit D..................................................................Joint Election Agreement
May 9, 2015 Joint General &Special Election — City of Anna & AISD
O1/27/IS —Page 2
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN R
CITY - SCHOOL ANNA ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and
between the CITY OF ANNA, hereinafter referred to as the "CITY," and the BOARD OF
TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT, hereinafter
referred to as the "SCHOOL DISTRICT," and SHARON ROWE, Elections
Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"
pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas
Election Code, agree to the following particulars in regard to coordination, supervision
and running of the City and School District's May 9, 2015 Joint General & Special
Election and a City Runoff Election, if necessary, on June 13, 2015. An additional cost
estimate, early voting calendar, and Election Day polling place schedule will be prepared
should a Runoff Election be necessary.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
L DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment, notification
(including writ of election), training and compensation of all presiding judges, alternate
judges, the judge of the Central Counting Station and judge of the Early Voting Ballot
Board.
a. The Contracting Officer shall be responsible for notification of
each Election Day and Early Voting presiding judge and alternate judge of
his or her appointment. The recommendations of the City and the School
District will be the accepted guidelines for the number of clerics secured to
work in each Vote Center. The presiding election judge of each Vote
Center, however, will use his/her discretion to determine when additional
manpower is needed during peak voting hours. The Contracting Officer
May 9, 2015 Joint General &Special Election —City of Anna & AISD
01/27/15 —Page 3
wIII determine the number of clerks to work in the Central Counting
Station and the number of clerics to work on the Ballot Board.
Election judges shall be secured by the Contracting Officer with the
approval of the City and the School District.
b. Election judges shall attend the Contracting Officer's school of
instruction (Elections Seminar); calendar will be provided.
c. Election judges shall be responsible for picking up from and
returning election supplies to the county election warehouse located at
2010 Redbud Blvd., Suite 102, Anna. Compensation for this pickup and
delivery of supplies will be $25.00.
d. The Contracting Officer shall compensate each election judge and
worker. Each judge shall receive $12.00 per hour for services rendered.
Each alternate judge and cleric shall receive $10.00 per hour for services
rendered. Overtime will be paid to each person working over 40 hours per
week.
B. The Contracting Officer shall procure, prepare, and distribute voting
machines, election kits and election supplies.
a. The Contracting Officer shall secure election kits which
include the legal documentation required to hold an election and all
supplies including locks, pens, magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, and legal
documentation required to run the Central Counting Station.
c. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required
by law.
May 9, 2015 Joint General &Special Election — City of Anna & AISD
O1/27/15 —Page 4
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
1. Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases,
voting signs and election supply cabinets.
2. Supplies include smart cards, sample ballots, provisional
forms, maps, labels, pens, tape, markers, etc.
C. The Contracting Officer, Sharon Rowe, shall be appointed the Early
Voting Clellc by the City and the School District.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the City and School
District's May 9, 2015, Joint General & Special Election shall be
conducted during the time period and at the locations listed in Exhibit "A",
attached and incorporated by reference into this contract.
c. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the City
or School District shall immediately be faxed to the Contracting
Officer for timely processing. The original application shall then
be forwarded to the Contracting Officer for proper retention.
2. All Federal Post Card Applicants (FPCA) will be sent a
mail ballot. No postage is required.
May 9, 2015 Joint General &Special Election — City of Anna & AISD
O1/27/15 —Page 5
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Section 87.000 of the Texas Election
Code. The presiding judge of this Board shall be appointed by the
Contracting Officer.
D. The Contracting Officer shall arrange for the use of all Election Day Vote
Centers. The City and School District shall assume the responsibility of remitting the
cost of all employee services required to provide access, provide security or provide
custodial services for the Vote Centers. The Election Day Vote Centers are listed in
Exhibit `B", attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and operating
the Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.001 of the Election Code and of this agreement. Counting Station Manager
and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty
Seals.
a. The Tabulation Supervisor shall prepare, test and run the county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted.
c. Election night reports will be available to the City and School
District at the Central Counting Station on election night. Provisional
ballots will be tabulated after election night in accordance with law.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the City and School District as soon as possible after
all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22
months.
May 9, 2015 Joint General &Special Election —City of Anna & AISD
01/27/15 —Page 6
1. Pending no litigation and as prescribed by law, Lite voted
ballots shall be shredded 22 months after the election.
2. The City and School District can obtain the list of
registered voters from the Elections Administration Office after
this retention period. Pending no litigation and if the City or
School District does not request the lists, the Contracting Officer
shall destroy them.
f. The Contracting Officer shall conduct a manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a
written report to the City and School District in a timely manner. The
Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section
127.201(E) of the aforementioned code.
II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The
City and School District shall assume the following responsibilities:
A. The City and School District shall prepare the election orders, resolutions,
notices, official canvass and other pertinent documents for adoption by the appropriate
office or body. The City and School District assumes the responsibility of posting all
notices and likewise promoting the schedules for Early Voting and Election Day.
B. The City and School District shall provide the Contracting Officer with an
updated map and street index of their jurisdiction in an electronic (shape file preferred) or
printed format as soon as possible but no later than Friday, March 6, 2015.
C. The City and School District shall procure and provide the Contracting
Officer with the ballot layout and Spanish interpretation in an electronic format.
a. The City and School District shall deliver to the Contracting
Officer as soon as possible, but no later than 5:00 PM Monday, March
2, 2015, the official wording for the City and School District's May 9,
2015, Joint General & Special Election.
May 9, 2015 Joint General &Special Election —City of Anna & AISD
01/27/15 —Page 7
b. The City and School District shall approve the "blue line" ballot
format prior to the final printing.
D. The City and School District shall post the publication of election notice
by the proper methods with the proper media.
E. The City and School District shall compensate the Contracting Officer for
any additional verified cost incurred in the process of running this election or for a
manual count this election may require, consistent with charges and hourly rates shown
on Exhibit "C" for required services.
F. The City and School District shall pay the Contracting Officer 90% of the
estimated cost to run the said election prior to Friday, April 10, 2015. The Contracting
Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the
Texas Election Code. The Deposit should be delivered within the mandatory time frame
to:
Collin County Treasury
Attn: Treasury Department
2300 Bloomdale Rd. #3138
McKinney, Texas 75071
Made payable to: "Collin County Treasury" with the note "for election services" included
with check documentation.
G. The City and School District shall pay the cost of conducting said election,
less partial payment, including the 10% administrative fee, pursuant to the Texas Election
Code, Section 319100, within 30 days from the date of final billing.
III. COST OF SERVICES. See Exhibit "C."
IV. JOINT ELECTION AGREEMENT. See Exhibit "D"
V. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the City and
School District's May 9, 2015, Joint General &Special Election is to be filed or the place
May 9, 2015 Joint General &Special Election — City of Anna & AISD
O1/27/15 —Page 8
at which any function is to be carried out, or any nontransferable functions specified
under Section 31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the City and School
District,
C. If the City and/or School District cancel their election pursuant to Section
2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract
preparation fee of $75. An entity canceling an election will not be liable for any further
costs incurred by the Contracting Officer in conducting the May 9, 2015, Joint General &
Special Election. All actual shared cost incurred in the conduct of the election will be
divided by the actual number of entities contracting with the Contracting Officer and
holding a May 9, 2015, Joint General & Special Election,
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Collin County, Texas.
May 9, 2015 Joint General &Special Election — City of Anna & AISD
O1/27/15 —Page 9
WITNESS BY MY HAND THIS THE DAY OF 2015.
WITNESS BY MY HAND THIS THE
By:
Mike Crist, Mayor
City of Anna
WITNESS BY MY HAND THIS THE
By:
Pete Slaughter, Superintendent
Anna Independent School District
Sharon Rowe
Elections Administrator
Collin County, Texas
DAY OF 2015.
Attest:
Na
tha Wilkison, City Secretary
City of Anna
DAY OF 2015.
Attest:
Sherri Groves, Secretary
Anna Independent School District
May 9, 2015 Joint General &Special Election — City of Anna & AISD
O1/27/15 —Page 10
Exhibit "A"
MAY 9, 2015
JOINT GENERAL & SPECIAL ELECTION
Early Voting Locations and Hours
City of Anna & AISDX
Ponin Place
Address
Cit
Collin County Election Office
2010 Redbud Blvd., #102
McKinney
(Main Early Voting Location)
Anna City Hall Administration Bldg.
111 N. Powell Parkway
Anna
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturda
April 26
April 27
April 28
April 29
April 30
May I
May 2
Sam — S m
8am — 5 m
8am — 5 m
8am - 7 m
8am - 5 m
8am - 5 m
May 3
May 4
May S
May 6
May 7
May 8
May 9
lam — 7pm
lam — 7 m
7am — 7 m
Election Da
* City and School District voters may vote at any of the additional Early Voting locations
open under full contract services with the Collin County Elections Administration,
May 9, 2015 Joint General &Special Election —City of Anna & AISD
O1/27/15 —Page 11
Exhibit "B"
MAY 99 20I5
JOINT GENERAL &SPECIAL ELECTION
Election Day Vote Centers y of Anna & AISDX
Precincts
Location
Address
Cit
"VOTE CENTERS"
Anna City Hall Administration Bldg.
111 N. Powell Parkway
Anna
*City voters may vote at any of the additional Election Day Vote Centers open under full
contract services with the Collin County Elections Administration.
May 9, 201 S Joint General &Special Election —City of Anna & AISD
O1/27/IS —Page 12
U
O
LL
h
(n
O
U
0
W
cQ
ri
G
0
0
0
0
0
o
m
n m
rn
o
0
0
0
0
0
0
0
0
0
0 (h
U
MOOOOfO
V'N
O
CO
U
000
V
d'00000
CO
U
m(O
N(n
to
N�
NT
T
U
OO
Efl
EAO(n
OO
V
O
Q
EiT
ER
EA
Efl
69
EA
Efl
64
Md3
(fl
(fl
Vy
�
n
ea
va
Gq
N
Q
Q
h
Q
Q
y
N
O
O
U
U
y
00T
ONT
N
aO
y
V'd'N
rf
NTT
NTN
Y
C)
(n
L
Y
c
LO
C
(noo
0000
(oT
o
0000000000
oT
CO
0
0
0
0
0
0
0
O
O
0
0
0
0
0
0
0
0
0
0
O
CO
NOOOOOO
O
O
OOOOOOOOOO
O
(f?
EA
ER
EA
O
O
Ef3
lA
b9
EA
Efl
EA
E!J
CR
fA
ER
EA
i
ER
b9
ffl
6q
}
Q
Q
0
0
U
ULO
Y pNT'00000
C N
T T
U U U U U U U U
N N N N N N N N
COOONOOOn
N C (O NOOOOON
O .0 b9 N to
�p U C) U) C) bS 69 (A
U O
J -J
rn �
c C,
0
> o
N Y 'Q
W W m n
a �
O O Cl)
to C O
N N p C
H j M m N Y o
�zz — O O (n�
O N m m G C U
U 2 O O m C C 0)
m
J m omm.�Ud�
n. N > C C O�-
a CL
E T U U T C o C
d
In (AWCLdWUUd
O
U
N
�
O
c
ca
W
m
_
O
M
F-
0
Q
C
E
a
m
F
z
(n
C9
y 0 0 0 0 0 0 0 0 0 0
T T L L L L L L L L L L
m m m m m m m m m m
N N N N N N N N N N
O o a a 0 a 0 0 0 a
C 0 0 0 0 0 a 0 0 0 0
O O Cj Cj LO CV 00 C7O C7
N N N M N
(m) UO Ef3 603 b9 Cfl Cfl (A
J J
rncu
c 0
F
> o
J Co W
F O O N
N N _ @
W £ U) N c T
� zo c fl c @
�- z z a`�i co m
Z C C N m U m m
m mU moo= Qa) V
d ZT O"'(n� O 0 ND
C C C m�0 U)U E(n W
W >> : w w 0 w w
I- z
0
O
O
64
O
O
0 0 0 0 0 0 0 0 O M
V O N 0 0 0 0 0 0 N
U tOMLnMMNWN N
0 (A(fl wr co M(O 69 M
!A 64 c- 6v M
Q 64 EA
U
a
Y
0
O
U
y OOT(O N
++ (O qCT O N M et
C T
0 0 0 0 0 0 0 0
O N O O O O O O
O M 0 0 0 0 66
� � (A 64 69 64 64 69
U
a
Y
0
O
U
u� o� o 0 0 0 0 0
N
C
r M
U U U 7 7 0 0 U
a) a) 0 L L L L 0
000000000
0 00 0 O O O O 0
LO
C EH UY to aN—TM ��N
O U9. 69 (A ER (fl U)
U
O
J
C: C i
C O O
O ca y =
> U 7 y N
> O O
LLB CO
0 m o2f U)
(� y o U o o
Z L y o o= o2S a Z
O z� Y 'EJ O p�07
> o W d) jQ
�- m m -on a) �' a' �
J a of 7 EQ E o
(6
N (lS
� N N - 'C - 'C O
N y a) a) Y
O
f�
y
N
O
T
U
�
01
C
L
U)
y
a)
C
W
0
F
c
0
v
.n
@
E
n
m
I�
z
U)
(9
000
Uco CD LO
O O O
U (O 00 N
N60��
rQ
r
U
Q
Y
y
O
U
� 00
C T
CD O CDCD O CDO O O
} 646hw
U
a
Y
y
O
U
N O O O
O
y
r
N
�
T
O
�
U
O
C
L
U7
a)
C
W
ip
0
0
ca
F
o
a
_
as
E
�
lo-
Z
U)
C7
U U U
OS co (O
N N a)
O O O
O LO LO
y
C C (00 U3 W.
O ca
@ co
U
J J
O >
(6
Z Q 0 y
a>o
X U O
Wa3 N ..-. U Z
W LLJ � t N
0 0 ro U a
m`aU 0a`)
m c
E E o o
{-ZZ L- N
cN �aaw
G C U U
Q cN O O
Q G Q. a"
0
O T
O
O
M
(si
O
l0
y
M
N
tt)
�
O
U
O
C
L
a)
W
ja
o
�
I�
Z
U)
U'
0
O M
V't0 W MOB V I�OJ N Oh•N h• V' V tOMO� M
��� t 0 0 0� M (O 0 0 0 0 0 0 V M V
NN fANO NM 00 NON NtON m V'di
EA EA fA EA N 0 Vf 0N M N b9 O N fA
II II II II it
M Vi II If II � Vt fIf If V1 11 f11 Ut It II � � II
O O O O� H .§ O O O O AS
F-F-I-k-� O1-H 44aw F-1-f-hl-I-1-46 F�I--.~-`o
O O O O o O O O O O O O O O O O O O O O o
t0 V N N° �' o 0 16 L6 OJ e o 0 0 0 0 o o
4aN-.�-MinML6O V V1 W N MM'C nj N i�
O O O O N N O N V 0 0 0 0 0 0 0 0 0 0 O
0 0 0 O Ot O f0 O O O O O O O O O O O
o oui �ri r o ri o000000000 0
oor r• �n o so ov�o�n�n00000
E9 Vi fA fA � fA bLqNI
w 0
~ N C C C
F y V U tY1 O
O D N
w W N a O G C C N N T
O1 £
`p E"• O Ur O L) MOO O o N .0. c O] 'O O-
YcWa �a��y�00 0UE
oFMz F- z I- rn0 o Z U W v w w O
�• O N
mho 9 llJ moV ai mm INS
F wz am IL 0 1110a_QWWW3:0W
I�
N
N
r�
M
H
O
Lf)
CO
N
N
O
mt'
LO
O
N
O
CO
M
O
M
N
O
�
M
M
rh
M
64!)-
6
6ck
M
Eh
M
M
Ef}
K}
6%
Eii
z
O
J
L
L
JOINT ELECTION AGREEMENT
between
The City Council of the City of Anna (the City), the Board of Trustees of the Anna
Independent School District (AISD), known as (the School), and the Board of
Trustees of Collin College District (the College).
BY THE TERMS OF THIS AGREEMENT, the City, the School and the College, do
hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint
election for the General Election and Special Election should it be called, of the City
and the General Election and Special Election should it be called, of the School District
and the College to be held on Saturday, May 9, 2015. The entities have contracted
with the Collin County Elections Administrator (Election Administrator) to perform
various duties and responsibilities on their behalf.
The City, AISD and the College shall share equally in shared expenses applicable for
the Early Voting location and Election Day Vote Center at the Anna City Hall
Administration Building. Expenses include polling location costs, election officials,
supplies, ballots and any other and all necessary expenses for the election upon receipt
of satisfactory billing and invoices reflecting the total of such election.
Tabulation and centralized costs shall be shared equally between the number of entities
holding an election on May 9, 2015. An entity canceling an election pursuant to Section
2.053 of the Texas Election Code will not be liable for costs incurred by the Elections
Administrator in conducting the May 9, 2015, Joint General & Special Election of the
City, the School District and the College; they will be liable only for the contract
preparation fee of $75.00.
APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS in its meeting
held the day of , 2015, and executed by its authorized
representative.
By:
Mike Crist, Mayor
City of Anna
Attest:
Natha Wilkison,
City of Anna
City Secretary
APPROVED BY THE TRUSTEES OF
DISTRICT in its meeting held the
executed by its authorized representative.
THE ANNA INDEPENDENT SCHOOL
_ day of , 2015, and
By: Attest:
Pete Slaughter, Superintendent Sherri Groves, Secretary
Anna Independent School District Anna Independent School District
APPROVED BY THE TRUSTEES OF THE COLLIN COLLEGE DISTRICT in its
meeting held the day of , 2015, and executed by its
authorized representative.
By: Attest:
Dr. Colleen A. Smith Kim Davison, Asst. Vice President
Interim District President
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Anna Sports Group.
Item No. 2.WC
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
February 10, 2015
Maurice Schwanke
Approve a resolution regarding a Facilities Use Agreement with
SUMMARY: Attached is a Resolution authorizing the renewal of the Facilities Use
Agreement with the Anna Youth Sports Association for 2015. The 2015 Agreement is
nearly identical to the 2014 Agreement.
STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA
SPORTS GROUP FOR 2015, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME.
WHEREAS, the Anna Sports Group (ASG) is set up to provide fundamental sports for
children ages 5 to 18 years ; and,
WHEREAS, ASG's goal is to provide a basic knowledge of sports to the players and to
instill teamwork and good sportsmanship into every player; and,
WHEREAS, ASG desires to use facilities owned by the City of Anna ("City") to operate
their programs; and,
WHEREAS, the City desires to enter into a Facilities Use Agreement (the "Agreement")
that formally authorizes the ASG to use City facilities to operate their programs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby approves the
Agreement attached hereto as Exhibit 1, and authorizes the City Manager to execute
same.
PASSED by the City Council of the City of Anna, Texas, on this 10th day of February,
2015.
ATTEST: APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
FACILITIES USE AGREEMENT
This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas (the
"City") and the Anna Sports Group ("ASG"), a Texas nonprofit association. The City and ASG are
collectively referenced in this Agreement as "the Parties."
FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree
as follows:
I.
The City agrees to permit the use of its facilities commonly known as the Sherley Park baseball field, the
Johnson Park baseball/softball fields, and the Slayter Creek Park baseball/softball fields (collectively, the
"Spring Ball Facilities") for ASG's 2015 Spring Baseball and Softball Regular Season. The Spring Baseball
and Softball Regular Season shall run from March 1 through July 31 and shall consist of the regular season
games with a maximum of two post -season tournaments. ASG shall not schedule games to be played on the
fields at Slayter Creek Park without prior approval from the City. Any request by ASG for field usage after
July 31 for the Spring Baseball and Softball Regular Season will be negotiated between the City and ASG.
"Regular Season" is defined as actual regular season games and post -season tournaments, not including
practices, try -outs, scrimmages, or preseason games. The City agrees that with the exception of the fields at
Slayter Creek Park, ASG shall have priority use of the Spring Ball Facilities for team practices during the
regular season from 5:00 p.m. to 9:30 p.m. Monday through Friday, and from 9:00 a.m. to 9430 p.m. on
Saturday and Sunday. ASG shall provide the City with the regular season practice schedule for each field.
II.
The City agrees to allow ASG to use and manage the concession buildings at Sherley Parlc, Johnson Park,
and Slayter Creels Parlc (collectively, the "Concession Buildings") in connection with athletic events that
occur during the term of this Agreement, except that the Anna Athletic Booster Club shall be given the first
option to use the Concession Buildings in connection with UIL baseball and softball games sponsored by
Anna ISD. All concession operations shall be in compliance with applicable state and local health codes,
and ASG shall obtain any required health permits prior to its use of the Concession Buildings. ASG agrees
to pay the City a flat fee of $1,000 for the entire calendar year or $350 per quarter. Such payment(s) shall be
due on February 27" or (if made on a quarterly basis) the first payment is due on February 27t" with
additional quarterly payments due the first day of April, July, and October. In the event ASG does not
provide concessions for athletic events that occur during the term of this Agreement, the City may authorize
other organizations to use and manage the Concession Buildings to provide concessions at those events.
ASG acknowledges that its use of the Spring Ball Facilities and Concession Buildings (collectively, the
"Park Facilities") under this Agreement is non-exclusive and that the City has final authority over the
scheduling of all Association use (including games and team practices) of the Park Facilities under this
Agreement. ASG shall provide the City with the schedule of games for each regular season at least two
weeks prior to the start of each regular season. Except as noted below, ASG may reschedule regular season
1
games provided that, the authorized Association representative notifies the City of the schedule change in
advance, and the change does not interfere with another previously scheduled use of the Park Facilities.
ASG shall not schedule or reschedule games to be played on the athletic fields at Slayter Creels Park without
prior approval from the City.
IV.
The non-exclusive use by ASG of the Parlc Faces is subject to the terms of an Interlocal Agreement
between the City of Anna and Anna Independent School District ("Interlocal Agreement") executed by said
parties on March 20, 2006, as amended. To the extent of any conflict between the Parties' obligations under
this Agreement and the City's obligations under the Interlocal Agreement, the City's obligations under this
Agreement will yield to the Interlocal Agreement and the City shall not be liable for any damages that may
be caused or occasioned by any such conflict.
V.
Not withstanding anything in this Agreement, ASG's use of the Parlc Facilities shall be subject to and yield
to any and all repairs, maintenance, and construction activities, deemed necessary by the City to preserve,
repair, maintain, or expand the Park Facilities or any public facilities owned or operated by the City. The
City shall not be liable for any damages that may be caused or occasioned by any such repair, maintenance,
or construction activity.
VI.
The term of this Agreement shall be for one year from January 1, 2015 through December 31, 2015.
VII.
Upon termination of this Agreement, ASG and the City may negotiate a new agreement. ASG shall have 30
days to remove movable equipment that it owns that is not of a permanent nature, upon termination of this
Agreement. Nothing herein shall prohibit the City from entering into facilities use agreements with other
organizations provided that other such agreements do not conflict with this Agreement. The City reserves the
right to utilize the Park Facilities at all times other than when the City's use would unreasonably interfere
with Association regular -season games that have been properly scheduled in accordance with this
Agreement.
VIII.
ASG shall not assign this Agreement nor shall it sublease or rent out any property of the City. This provision
includes sports camps and tournaments. Due to the necessity of inter -league play in order to compete some
leagues, ASG shall insure that an Association team is scheduled for each game played on any part of the
Park Facilities,
IX.
2
ASG shall not engage in any business on any part of the Park Facilities or do anything in connection
therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the
same in such manner as to constitute a nuisance. The collection of admission or "gate" fees by ASG is
permissible, for no more than two tournaments or special events per calendar year, as long as ASG makes the
request to the City for approval at least two weeks prior to the start of the tournament or special event.
Association agrees that the location of such admission access points shall not prevent or impede other park
users from accessing other common or general areas of the park, including but not limited restrooms. The
collection of tournament entry/registration fees by ASG is permissible.
ASG SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND
EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH,
PERSONAL INJURY AND PROPERTY DAMAGE AND ALL OTHER CLAIMS IN ANY WAY
RELATED TO, ARISING OUT OF, OR MADE IN CONNECTION WITH ANY ACTIVITIES OF ASG
OR ANY OF ITS MEMBERS OR PARTICIPANTS. ASG shall maintain a general liability insurance policy
in the amount of at least one million dollars ($1,000,000) and shall name the City as an additional insured on
its said policy. The coverage shall contain no special limitations on the scope or protection afforded to ASG,
its officials, officers and employees. At least two weeks in advance of the first regular season identified in
this Agreement, ASG must provide the City with a certificate of such insurance issued by the insurer. The
certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days
notice to the City prior to the cancellation of the policy.
XI.
ASG shall submit to the City the names, addresses and phone numbers of all Association officers and board
members within two weeks after election or appointment. ASG shall furnish to the City rosters of all teams,
players, coaches and other participants including names, addresses and telephone numbers for all such
persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks
after completion of registration and the full schedule shall be submitted at least two weeks prior to the first
regular season game. ASG shall also submit a copy of all contracts, if any, entered into by ASG for any of its
operations related to the Park Facilities including but not limited to concessions, umpires/referees, equipment
rentals, and field maintenance.
Within 60 days of the end of the calendar year, ASG shall submit to the City Manager ASG's annual
financial report for the prior year which shall include the revenue collected and expenditures that occurred
during the reporting period, and the reporting period ending balance of any bank accounts operated by ASG.
ASG shall provide written notice to the City of all meetings of ASG's general membership, Board of
Directors and Executive Board at least seventy-two (72) hours prior to any such meeting. Said written notice
shall be by e-mail to an address provided to ASG President by the City Manager, and shall include the date,
time, and location of the meetings, and a copy of the meeting agenda (if any). Similarly, ASG shall provide
written e-mail notice of the cancelation of any meetings of Association's general membership, Board of
Directors and Executive Board at the same time notice of cancellation is provided to members of the Board
of Directors or Executive Board.
XIII.
ASG shall conduct criminal background checks on all of its volunteers and participants, including but not
limited to coaches, board members, and any other person acting in an official capacity with any organization
directly overseeing ASG's youth activities. ASG shall employ the National Alliance for Youth Sports to
conduct such checks or a reputable company licensed by the State of Texas to conduct such checks. These
checks shall be conducted prior to the beginning of each regular season and shall remain valid for the
calendar year. ASG shall also adopt and publish a criminal background check policy to be used for
determining an individual's eligibility to coach or otherwise participate in its youth activities. Should an
individual be disqualified as a result of the check, ASG will prohibit that individual from serving in any
capacity with ASG's activities. ASG shall establish a policy as to how its criminal background checks will
be processed and will pay for the cost of each check. ASG shall furnish to the City a listing of the persons
that have successfully undergone a criminal background check prior to the beginning of any individual's
involvement with any youth -related activities. An Association Board Member shall sign this listing for final
verification of the actions taken by ASG.
XIV.
ASG shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated
as ASG's "Field Managers." In the case of inclement weather, it shall be the responsibility of a Field
Manager to contact and discuss field playability with a "City Representative" before a scheduled game, said
Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City
Representative to make a decision, consult with a Field Manager, or otherwise act in connection with ASG's
use of the Park Facilities, the Field Manager must solely rely on the decision or action of a City
Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer
acting in a law -enforcement capacity.
XV.
ASG agrees to stop play and all other operations on any part of the Parlc Facilities by 11:00 p.m., unless it
receives written permission to go beyond 11:00 p.m. from the City's Representative. ASG shall have the
responsibility to turn off all field lighting.
XVI.
ASG agrees to pay the City a fee of $0 per resident player and $10 per non-resident player per regular season
for those leagues/teams scheduled to play on any part of the Parlc Facilities. This fee is due to the City
within two weeks after the start of each regular season. ASG shall pay a 10% late fee in addition to any fees
paid after the due date.
XVII.
The Parties shall have the obligations and shall abide by the standards set forth in the below referenced
exhibits as qualified herein. The City's obligations as to maintenance of the Parlc Facilities shall be limited to
providing the Park Facilities in a reasonably useable condition, subject to weather and other factors beyond
0
the Citys control. Notwithstanding any part of this Agreement, the Parties understand and agree that by
entering into this Agreement, the City is not waiving any immunities or limitations of liability available to it
under the law and that its obligations as set forth in this Agreement are not intended to create and do not
create any duty or standard of care that a municipality would not otherwise be required to meet to avoid
liability under Texas law. The nature of this Agreement is to allow ASG limited use of certain City -owned
facilities provided that ASG observes the various obligations, restrictions, and limitations set forth herein.
Said obligations, restrictions, and limitations are not in the nature of services provided to the City. All
services that ASG provides and that relate to its use of facilities under this Agreement are services that ASG
provides exclusively to its members and participants, and while this Agreement governs to some extent the
manner in which said services are to be provided, the Parties understand and agree that ASG is not providing
and shall not provide any goods or services to the City under this Agreement. It is further understood and
agreed to by the Parties that this Agreement is not a contract subject to Chapter 271, Subchapter I. of the
Texas Local Government Code. This Agreement is intended to be exclusively between and to benefit only
the City and ASG, and the Parties do not intend that any third party should benefit from this Agreement or
obtain any rights or claims hereunder. It is especially provided and agreed by and between ASG and the City
that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits
being:
EXHIBIT A —Facilities Maintenance
EXHIBIT B —Field Inspection and Closure
EXHIBIT C —Concession Buildings Maintenance
XVIII.
This Agreement shall not become effective unless and until ASG provides the City with a true and correct
copy of a certificate issued by the Office of the Texas Secretary of State —or other proof satisfactory to the
City —that ASG has properly filed with said Office a statement appointing an agent authorized to receive
service of process in accordance with Vernon's Ann.Texas Civ.St. Art. 139&70.01, Sec.12(a), et seq., as
amended (the "Agent"). ASG shall thereafter provide the City with a copy, upon filing, of any amendment(s)
to such statement that occur during the term of this Agreement and for two years thereafter. Further, ASG
shall take all necessary steps to assure that the City has been provided written notice of the identity and the
mailing address and the physical address of the Agent. The obligations in this paragraph shall survive for two
years after the termination of this Agreement.
hm
Any violation by ASG of any of the provisions of this Agreement shall result in the termination of this
Agreement and the City's obligations hereunder once the City has provided ASG with sufficient time to cure
such violation after the City provides written notice of such violation. In the event any such violation relates
to nonpayment or untimely payment by ASG of any sums due hereunder, ASG shall have 60 days after the
City provides said notice in which to cure the violation, or such other time as agreed to by the Parties in
writing. In the event said violation is for other than nonpayment or untimely payment by ASG, ASG shall
have 30 days after the City provides said notice in which to cure said violation, or such other time as is
agreed to by the Parties in writing.
Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt
requested, and shall be considered to have been provided on the date of mailing to the following addresses:
If to the City:
City Manager
City of Anna
I I I N. Powell Parkway
City of Anna, Texas 75409
If to ASG:
This agreement is made and entered into on the
CITY OF ANNA:
City Manager
ANNA SPORTS GROUP:
Association President
6
FACILITIES MAINTENANCE
1. The City shall maintain the turf area of all athletic fields.
2. The City shall maintain all back -stops, fences, and gates.
3. The City shall maintain all bleachers and dugouts.
4. The City shall maintain the ball field lighting systems.
5. The City shall be responsible for the maintenance of any irrigation systems.
6. The City shall be responsible for hauling off trash that has been properly deposited in trash dumpsters.
7. ASG shall provide all bases, pitching plates, soccer goals, and all other equipment required for game
play. All soccer goals provided by ASG shall be removed to the edge of the maintained turf areas at the
conclusion of each practice or game. Other than bases, pitching plates, soccer goals, and other game -play
equipment owned by ASG, ASG shall not permit any damage or removal of any part of the Park
Facilities, and shall at all times during its use of the Park Facilities maintain the Park Facilities in good
and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the Park
Facilities, it shall immediately notify a City Representative of same.
8. Unless otherwise provided by the City, ASG shall perform all pre -season infield clay maintenance to
include adding clay, clay renovation, and cutting infield areas and base paths. The City shall provide the
clay for said maintenance. ASG shall build the pitcher's mounds if needed. The City shall provide clay,
sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City.
9. Unless otherwise provided by the City, ASG shall regularly drag and maintain the infields in a weed -free
and playable conon.
10. Unless otherwise provided by the City, ASG shall mark all foul lines, boundary lines, and other field
markings required for game play.
ll. Following any use by ASG of the athletic fields at Slayter Creek Park, ASG shall ensure that the athletic
fields (turf, infields, home plate, bases, base lines, pitcher's mound, etc.) are returned to an acceptable
condition for use by other organizations consistent with the City's policies for athletic field maintenance.
ASG shall not adjust or allow any adjustment of the athletic fields at Slayter Creek Park that create bases
or baselines inside a grass infield. ASG shall not make or allow any other alterations or adjustments to
the athletic fields at Slayter Creek Park that are inconsistent with the use required by the Anna ISD for
their UIL baseball and softball practices and games.
12. ASG shall be responsible for maintaining all Park Facilities areas and all adjacent grounds in a litter -free
condition during its use of the Park Facilities. All litter shall be placed in the bins, cans, and receptacles
provided by the City. The City shall provide pick up for these receptacles.
13. ASG shall be responsible for cleaning the City owned restroom facilities adjacent to the Park Facilities
and shall provide all necessary supplies, during and immediately after its use of the Park Facilities.
14. ASG shall not perform any maintenance to any turf area or make any modifications to the Park Facilities
without written permission from the City.
15. ASG shall be responsible for securing the Park Facilities at the end of each day or evening of play. This
includes, but is not limited to, locking all gates and doors and turning off all interior building lighting,
and field lighting.
16. ASG shall prohibit its coaches/players from hitting baseballs into any fence unless it occurs in the natural
course of a game. Failure to enforce this policy may result in ASG incurring the costs associated with the
repairs of the fencing.
17. If ASG desires to request any special park components or other special services be provided by the City
for tournaments or other special events, such request shall be submitted to the City at least two weeks
prior to the start of the tournament or event.
EXHIBIT B
FIELD INSPECTION AND CLOSURE
Reasons for Athletic Field Closure
1. It is raining or there is a threat of lightning or other dangerous weather condition at game
time.
2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet.
3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of
good playing surfaces.
City's General Procedures for Athletic Field Closure (these are internal Citesprocedures for informational
purposes and are subject to change without notice)
(Weekdays)
1. Inspect Athletic Fields by 3:00 p.m.
2. Make -decision based upon field condition or weather.
3. Consult with the appropriate Field Manager, or his/her designee, about the status of the
field(s).
4. Should ASG's Field Manager and the City Representative not agree, the decision of the City
Representative shall be final.
5. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m.
When necessary, a City Representative will come in and close the fields affected.
(Weekends)
1. Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday.
2. Malte a decision based upon field condition or weather at the time if possible.
3. If a decision at 3*00 p.m. Friday is not possible, a City Representative familiar with the
Athletic Fields will make decisions on field closure as needed throughout the weekend.
4. A City Representative will consult with ASG's Field Manager about the status of the fields.
5. Should ASG's Field Manager and a City Representative not agree, the decision of the City
Representative shall be final.
Implementation
1. The primary responsibility for malting field closure decisions rests with the City Representative
responsible for Athletic field maintenance. However, to the extent a Field Manager observes any
weather condition or condition of the field or Park Facilities that threatens safe play, the Field
Manager must stop play until the condition has ceased or been repaired and the condition is no
longer a threat to safety.
2. The appropriate Association's Field Manager has the responsibility to inform ASG and the
participants about the field closure decision.
EXHIBIT C
CONCESSION BUILDINGS MAINTENANCE
1. ASG shall appoint a Concession Buildings manager who shall be responsible for the maintenance and
operation on ASG's concession operations and for compliance with the policies outlined in this Exhibit
«C,g
2. ASG shall be responsible for cleaning the interior of the building after each and every use or event.
Cleaning shall include but is not limited to the following.
• All food products and all opened pre -packaged food bags or containers shall be removed from the
building. Unopened pre -packaged food left in the building must be placed in the storage area off the
floor and stored in a manner that prevents contamination or access by rodents, roaches or other
vermin.
• All countertops, tables, and other surfaces shall be wiped clean with a disinfectant cleaning product.
Any stains, dirt, grease, or food product residue on the walls, doors, and window coverings shall also
be removed and surfaces shall be wiped clean.
• All floor spills shall be mopped and cleaned with water and a disinfectant cleaning product.
• The entire floor area shall be swept clean and all food product residue shall be removed from the
building.
• All trash containers must be emptied and fitted with a clean plastic liner. All trash must be placed in
the trash dumpster provided by the City located in the parking lot.
• Barbeque grills and propane containers shall not be stored in the Concession Buildings
3. ASG shall be responsible for securing the Concession Buildings at the end of each day or evening of
play, or event. This includes, but is not limited to, locking all doors and service windows and turning off
all interior building lighting.
4. ASG shall not permit any damage or removal of any part of the Concession Buildings, the associated
equipment and facilities, and shall at all times maintain the buildings, equipment and facilities in good
and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the building
facilities or equipment, it shall immediately notify the City of same.
5. ASG shall be responsible for maintaining all Concession Building and all adjacent grounds in a litter -free
condition during its use of the facilities. All litter shall be placed in the bins, cans, and receptacles
provided by the City.
6. ASG shall be prohibited from performing any maintenance or making any modifications to the Facilities
without written permission from the City.
Corporations Section
P.O.Box 13697
Austin, Texas 787 11 -3 697
Office of the Secretary of State
CERTIFICATE OF FILING
OF
Atuia Sports Group
File Number: 802100298
Nandita Berry
Secretary of State
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the
above named Domestic Nonprofit Corporation has been received in this office and has been found to
conform to the applicable provisions of law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
The issuance of this certificate does not authorize the use of a name in this state in violation of the rights
of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or
Professional Name Act, or the common law.
Dated: 11/13/2014
Effective: 11 / 13 /2014
( C07) Nandita Berry
Secretary of State
Conte visit us opt tl7e it7ter�zetat lattp://�iwiv.sos.state.tx.�rs�
Phone: (512) 463-5555 Fax: (512} 463-5709 Dial: 7-1-1 for Relay Services
Prepared by: Lisa Sasin TID: 10306 Document: 578144500002
Corporations Section
P.O.Box 13697
Austin, Texas 78711-3697
Office of the Secretary of State
November 17, 2014
Attn: Jason L Adams
Jason L Adams
P.O.Box 1
Anna, TX 75409 USA
RE: Anna Sports Group
File Number: 802100298
Nandita Berry
Secretary of State
It has been our pleasure to file the certificate of formation and issue the enclosed certificate of filing
evidencing the existence of the newly created nonprofit corporation.
Nonprofit corporations do not automatically qualify for an exemption from federal and state taxes.
Shortly, the Comptroller of Public Accounts will be contacting the corporation at its registered office
for information that will assist the Comptroller in setting up the franchise tax account for the
corporation. Information about franchise tax, and contact information for the Comptroller's office, is
available on their web site at http://window.state.tx.us/taxinfo/franchise/index.html. For information on
state tax exemption, including applications and publications, visit the Comptroller's Exempt
Organizations web site at http://window.state.tx.us/taxinfo/exempt/index.html. Information on
exemption from federal taxes is available from the Internal Revenue Service web site at www,irs. ov.
Nonprofit corporations do not file annual reports with the Secretary of State, but do file a report not
more often than once every four years as requested by the Secretary. It is important for the corporation
to continuously maintain a registered agent and office in Texas as this is the address to which the
Secretary of State will send a request to file a periodic report. Failure to maintain a registered agent or
office in Texas, failure to file a change to the agent or office information, or failure to file a report
when requested may result in the involuntary termination of the corporation. Additionally, a nonprofit
corporation will file documents with the Secretary of State if the corporation needs to amend one of the
provisions in its certificate of formation. If we can be of further service at any time, please let us
know.
Sincerely,
Corporations Section
Business &Public Filings Division
(512)463-5555
Enclosure
Copse visit trs on tlae irtternet athttp://wiviv.sos.state.t_r.trs./
Phone: (512) 463-SS55 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services
Prepared Uy: Lisa Sasin TID: 10286 Document: 578144500002
(Form 202
aw
-
ecreta rY of State ! i ;
Filed in the Office of the
P.O. Box 13697 ;
Secretary of State of Texas
�austin, TX 78711-3697
Filing#: 802100298 11/13/2014
512/463-5709
FAX:
Document 578144500002
i Certificate of Formation
#:
Image Generated Electronically
Filing Fee. $25 r
i � Nonprofit_ Corporation
for Web Filing
Article 1 Corporate Name
_
The filing entity formed is a nonprofit corporation The name of the entity is
-- ----
gnna Sports Group
(� Article 2 — Registered Agent and Registered
Office i
rA. The initial registered agent is an organization (cannot be corporation named above) by the name of:
OR
_ _ .. _ - -
rB The initial registered agent is an individual resident of the state whose name is set forth below:
Uason L L Adams
C. The business address of the registered agent and the registered office address is
Street Address:
�1988 Helmoken Falls Drive Anna TX 75409
Consent of Registered Agent
rA. A copy of the consent of registered agent is attached.
_ OR
-- _. -
IrB The consent of the registered agent is maintained by the entity.
-
Article 3 - Management
A. Management of the affairs of the corporation is to be vested solely in the
members of the corporation.
OR
r B. Management of the affairs of the corporation is to be vested in its board of directors. The number of directors,
which must be a minimum of three, that constitutes the initial board of directors
and the names and addresses of the
persons who are to serve as directors until the first annual meeting or until their
successors are elected and qualified
are set forth below,
Director is Tara Partridge
----- _------ _ ._ . -- - ..
Title. Director
�ddress 913 s Powell Pkwy anna TX, USA 75409
;
irecror2: Anthony snodgrass
Title: Director
Address: 1218 Post oak trail anna TX, USA 75409
Directors: Jason Adams
(Tit►e: Director
1988 Helmoken Falls Drive anna TX, USA 75409
1
Address:
pirector4: Pauline durica
!Title: Director
I
address: 3350 Lapaloma Dr anna -TX, USA 75409
___
Directors: Clark Miller
Ritle Director
Pddress: 11128 Sheffield Dr. anna TX, USA 75409
Article 4 - Organization Structure
i A. The corporation will have members.
;or
W. B. The corporation will not have members.
Article 5 - Purpose
�fhe corporation is organized for the following purpose or purposes:
;Sports Organization for Anna Youth
------------
I Supplemental Provisions 1 Information
G
The attached addendum, if any, is incorporated herein by reference.]
I
�. This document becomes effective when the document is filed by the secretary of state.
OR
----------------
�JvB; This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
signing. The delayed effective date is:
Organizer
name and address of the organizer are set forth below.
on Adams PO BOX 1 Anna Texas M
on
;The undersigned affirms that the person designated as registered agent has consented to the appointment. The
undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of
law governing the ent11 ity to execute the filing instrument,
signature of organizer.
FILING OFFICE COPY
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 6, 2014
The PIanning and Zoning Commission of the City of Anna held its regular meeting on October 6,
2014, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
T'he meeting was called to order at 7:02 p.m. by Chairman Burr. Members present were
Justin Burr, Tiffany Burleson, Elaine Gothard, John Johnson and Lee Miller. Sandy
Setliff and Darrin Colombo had an excused absent from meeting. Staff present was
Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Acton recommendation regarding "Margarita Rodriguez"
development plat.
Mr. Schwanke gave a presentation regarding the development plat. Mr. Schwanke noted
that the development plat submitted is located at Twin Creeks, an un-recorded area and
within the extraterritorial jurisdiction of the City. The tract is in the Ezra Shelby Survey,
Abstract A-839 and contains approximately 3.938 acres of land. The property is located
at 9831 Twin Creeks Circle. The owner is proposing to build a house on the tract. He
also noted that the submittal meets the City of Anna development plat requirement and.
the Staff recommends approval of the development plat.
A motion was made by Ms. Burleson, seconded by Mr. Johnson to recommend approval
of the development plat. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding annexation of the following
tract: A tract of land in the J C Brantley Survey, ABS A0114 generally located south
of County Road 376 east of County Road 427 and adjacent to the city limits,
containing approximately twenty-four acres (24) of land more or less.
Mr. Schwanke gave a presentation regarding the annexation. The tract being requested
for annexation is within the City of Anna extraterritorial jurisdiction. He noted that this
is a voluntary request with the owner being Leonard O P JR Investment. The tract is in
the J. C. Brantley Survey, Abstract A0114 and is approximately 23.190 acres of land
more or less. The tract is adjacent to the Current City Limits and is located south of
County Road 376 and east of County Road 427. He also noted prior to the establishment
of zoning the property needs to be annexed. The staff recommends approval of this
request.
PZ Minutes 10-06-14.doc
Page 1 of 3
10-06-14
A motion was made by Chairman Burr, seconded by Mr. Miller to recommend approval
of the annexation. The vote was unanimous.
5. Consider/Discuss/Act on recommendation regarding "Avery Pointe" preliminary
plat.
Mr. Schwanke gave a presentation and answered questions regarding the preliminary
plat. The Avery Pointe preliminary plat contains 138.848 acres located in the Francis T
Duffau Survey, Abstract No. 228. Within this project 556 residential lots and 13
common areas are proposed. One of the common areas is a potential 4.4 acre park site in
the northwest quadrant of the plat where a significant stand of mature trees exist. The
other common areas are along the major thoroughfares, an amenity center, and detention
ponds. The plat layout is in conformance with the proposed zoning that has been
approved by the Planning and Zoning Commission and will be before the City Council on
October 10. The staff is recommending that any approval of this plat be subject to final
approval by the City of the requested zoning change and any engineering concerns.
Jeff Klement, representative from JBI Partners was present for meeting but did not give a
presentation... A motion was made by Chairman Burr to recommend approval of the
preliminary plat subject to the conditions noted above. Mr. Johnson seconded the
motion. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "West Crossing PH 5"
preliminary plat.
Mr. Schwanke gave a presentation and answered questions regarding the preliminary
plat. The West Crossing preliminary plat contains 17.937 acres located in the Henry
Brantley Survey, Abstract No. 71. Within this project 92 residential lots are proposed.
With the develop of this area the adjacent thoroughfares will be constructed which
includes two lanes of Hackberry Drive as well as 2 lanes of West Crossing Blvd. The
plat layout is in conformance with the existing zoning. The proponent is requesting a
variance to the double frontage setback requirement. He noted that the staff is
recommending that any approval of this plat be subject to final approval of any
engineering concerns.
Richard Hovas, representative regarding the project was present for meeting and
answered questions from the Commission.
A motion was made by Chairman Burr to recommend approval of the preliminary plat.
subject to the conditions noted above. Mr. Johnson seconded the motion. The vote was
as follow: 3 ayes 2 nays (Tiffany Burleson, Elaine Gothard) Motion pass.
Consider/Discuss/Act on recommendation regarding "Lakeview Estates PH 1" final
plat.
Mr. Schwanke gave a presentation regarding the final plat. The attached final plat of
Lakeview Estates is a 24.515 acre development for 90 residential lots and is located east
of Ferguson Parkway and generally south of Rattan elementary school. The construction
plans and final plat have been reviewed by city staff and our consultant engineers. The
proponent is requesting a variance to the double frontage setback requirement and the
provision of no lot to lot drainage. Mr. Schwanke noted the staff recommends approval
PZ Minutes 10-06-14.doc Page 2 of 3 10-06-14
of the final plat subject to final engineering. The preliminary plat was approved by City
Council September, 2013.
A motion was made by Mr. Johnson to recommend approval of the final plat subject that
the above recommendation are met. Ms. Gothard seconded the motion. The vote was
unanimous.
8. Consider action to approve Minutes of the September 8, 2014 Planning and Zoning
Commission meeting.
A motion was made by Chairman Burr, seconded by Mr. Johnson to approve the above
Minutes as submitted. The vote was unanimous.
9. Adjourn
A motion was made by Chairman Burr, seconded by Mr. Johnson to adjourn meeting.
The meeting adjourned at 7:45 p.m.
ATTEST:
PZ Minutes 10-06-14.doc
Maurice Schwanke
Director of Planning and Development .
Page 3 of 3
10-06-14
Minutes
PLANNING at ZONING WORKSHOP
WORKSHOP
November 3, 2014
The Planning and Zoning Commission of the City of Anna met in Workshop Session at 6:30 p.m.,
November 3, 2014 at the Anna City Hall Administration Building, locate at 111 N. Powell Parkway
(Hwy5) , regarding the following items:
1. Call to order and establishment of quorum.
The meeting was called to order at 6:39 p.m. by Chairman Burr. Members present were Justin
Burr, Sandy Setliff, John Johnson, Darrin Colombo and Lee Miller. Staff present was Maurice
Schwanke, Tana Ross and Clark McCoy, city attorney. Elaine Gothard and Tiffany Burleson
were absent.
2. Clark McCoy —Presentation regarding Rules and Regulations of the Planning and
Zoning Commission.
3.
4.
Mr. McCoy gave a presentation regarding Rules and Regulations of the Planning and Zoning
Commission and answered questions from the Commission.
Discussion of park land within subdivisions.
Mr. Schwanke gave a presentation regarding park land within subdivisions and answered
questions from the Commission. No action was taken on this agenda item.
Adjourn
There being no further discussion, a motion was made by Ms. Setliff and seconded by Mr.
Miller to adjourn meeting. The meeting adjourned at 7:09 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 11-03-14.doc Page 1 of 1 10-03-14
Y
A
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
November 3, 2014
The Planning and Zoning Commission of the City of Anna held its regular meeting on November
31 2014, at 7:30 p.m., at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:12 p.m. by Chairman Burr. Members present were
Justin Burr, Sandy Setliff, John Johnson, Darrin Colombo and Lee Miller. Tiffany Burleson
and Elaine Gothard was absent from meeting. Staff present was Maurice Schwanke and
Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Oak Hollow PH 6 amending plat.
Mr. Schwanke gave a presentation and answered questions from the Commission. He
noted that the purpose of this plat is to remove a 15 foot side yard setback that was
inadvertently placed on the east interior side yard of these two lots. The normal side
yard setback is 5' according to the approved Planned Development for this property.
Mr. Schwanke also noted that staff is recommending approval of the amending plat.
A motion was made by Chairman Burr to recommend approval of the amending plat.
Mr. Colombo seconded the motion. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding "Hurricane Creek" preliminary
plat.
Mr. Schwanke gave a presentation and answered questions from the Commission. The
Villages of Hurricane Creek preliminary plat contains 368.2 acres of land 654 residential
lots, an amenity center, a fire station location, and two public park areas. Additionally,
within the area are numerous planned HOA parcels to be kept as open spaces and
landscape areas. The lot sizes range from 8,400 square feet to 15,000 square feet. This
proposal is in keeping with the zoning request recently approved by the Commission
and is in the public hearing stage at City Council. The Preliminary Plat has been
reviewed by the City Staff and our Consulting Engineer.
The remaining comments address engineering provisions that will be addressed when
various sections are final platted. Two variance to the subdivision rules and regulations
PZ Minutes 11-03-14.doe
Page 1 of 2
11-03-14
are being requested with this plat. The first is a variance to the maximum block length
and the second is a variance to the minimum centerline radius for Collector A.
Mr. Schwanke noted that the staff is recommending approval of the preliminary plat
subject to the zoning being approved by the City Council and the variance requests
being granted.
Marc Paquette from Peloton Land Solutions, representative for the project, was present
for meeting. Sean Terry was also present for meeting.
A motion was made by Chairman Burr to recommend approval of the preliminary plat
subject to the conditions recommended by staff. Mr. Johnson seconded the motion.
The vote was unanimous.
5. Consider/Discuss/Act on recommendation regarding "Westfield Addition PH 3" site
plan.
Mr. Schwanke gave a presentation and answered questions from the Commission. This
proposed site plan changes the approved front elevations of the retail center. When the
original site plan for this property was submitted the two center buildings were
proposed to have an architectural archway between them. Since the development of
the second building the ownership has changed so that the owner of the existing east
center building is not the same as the proposed west center building and joining the two
buildings with the archway way is problematic in terms of maintenance, ownership and
structural considerations. Mr. Schwanke noted that the staff is recommending the
approval of the revised site elevation.
A motion was made by Ms. Setliff, seconded by Mr. Miller to approve the "Westfield
Addition PH 3 site plan. The vote was 4 ayes and 1 nay (Mr. Colombo)
6. Consider action to approve Minutes of the October 13, 2014 Planning and Zoning
Commission meeting.
A motion was made by Chairman Burr, seconded by Ms. Setliff to approve Minutes of
the October 13th, 2014 meeting. The vote was unanimous.
7. Adjourn
There being no further business, a motion was made by Chairman Burr, seconded by
Ms. Setliff to adjourn meeting. The meeting adjourned at 8:05 p.m.
ATTEST:
Maurice Schwanke
Director of Planning and Development
'PZ�ilinutes 11-03-14.doc
Page 2 of 2
11-03-14
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
December 1, 2014
The Planning and Zoning Commission of the City of Anna he{d its regular meeting on December
1, 2014, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:19 p.m. by Chairman Burr. Members present were
Justin Burr, Sandy Setliff, John Johnson, Darrin Colombo and Lee Miller.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding an involuntary annexation of the
following tract: A 162.12 acre tract of land located in the F T Daffau Survey, Abstract
A0288; and a 64.5 acre tract of land in the John Ellett Survey, Abstract No. 0296
generally located immediately north of the Falls and Creekside subdivisions on both
sides of County Road 370.
Mr. Schwanke gave a presentation. This proposed involuntary annexation involves
approximately 226.62 acres of land located immediately north of the Falls and Creekside
subdivisions on both sides of County Road 370. The land is currently used for agricultural
purposes and is surrounded on all four sides by properties that are inside the city limits. A first
public hearing is scheduled for December 91h and a second public hearing on December 16`h at
the City Council meeting regarding this annexation.
A motion was made by Ms. Setliff, seconded by Mr. Johnson to recommend approval of
the proposed annexation. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding "West Crossing PH 5"final plat.
Mr. Schwanke gave a presentation and answered questions from the Commission
concerning the final plat. A preliminary plat was approved for the property by the City
Council on October 28th, 2014. The owner/developer is proposing 92 residential lots on
the tract. Mr. Schwanke noted that the civil construction plans have been reviewed by
the City Consulting Engineer. He also noted that the staff is recommending approval
subject to all Civil Construction Plan Approvals prior to being placed on the City Council
Agenda for approval.
PZ Agenda 12-01-14.doc Page 1 of 3 12-01-14
A motion was made by Chairman Burr to recommend approval of the final plat subject
to the conditions recommended by staff. Mr. Miller seconded the motion. The vote
was unanimous.
5. Consider/Discuss/Act on recommendation regarding "Anna Crossing PH 3A" final plat.
Mr. Schwanke gave a presentation and answered questions from the Commission. A
preliminary plat was approved for the property by the City Council on August 14th,
2014. The owner/developer is proposing 36 residential lots on the tract. The civil
construction plans are still in process review by the City Consulting Engineer and is
pending the completion of the lift station. Mr. Schwanke noted that the staff
recommends approval of the final plat with the conditions that the lift station plans are
completed and approved and the final draft of the drainage calculations be approved
prior to being placed on the City Council Agenda for approval.
A motion was made by Ms. Setliff to recommend approval of the final plat subject to the
conditions recommended by staff. Chairman Burr seconded the motion. The vote was
unanimous.
6. (a) Public Hearing: To consider public comments regarding a request by owners) of
property for a Planned Development District zoning including Single Family Residence
(SFR) with a minimum lot size of 7200 square feet. The property is located south of
County Road 378 and east of County Road 427. The property is currently being
considered for annexation and is therefore not zoned.
The Public Hearing opened at 7:36 p.m. Mr. Schwanke gave a presentation and
answered questions from the Commission. The owner(s) requests a Planned
Development District zoning including Single Family Residence (SFR) with a minimum lot
size of 7,200 square feet. The property is located south of County Road 376 and east of
County Road 427 and is approximately 23.190 acres of land more or less. This tract is
being requested for voluntary annexation and is within the City of Anna extraterritorial
jurisdiction and therefore is not zoned. The Planning and Zoning Commission
recommended approval of the proposed annexation at their October 6th, 2014 meeting.
This application is consistent with the existing zoning to the west with the exception of
the minimum lot width of 60 feet and the minimum lot depth of 120 feet. The staff
does not have a problem with the minimum lot depth being 100 feet or a smaller lot
width in conjunction with a cul-de-sac. Where streets are straight or part of the required
curvilinear requirement the recommendation would be to have a minimum of 60' in
width. The recent zoning approved on the "EDC" property also had a minimum average
lot size requirement of 8,400 square feet.
(b) Public Hearing: Consider/Discuss/Act on recommendation regarding a request for
a Planned Development District zoning including Single Family Residence (SFR) with a
minimum lot size of 7200 square feet. The property is located south of County Road
PZ Agenda 12-01-14.doc Page 2 of 3 12-01-14
7.
378 and east of County Road 427. The property is currently being considered for
annexation and is therefore not zoned.
A motion was made by Chairman Burr to recommend approval of the zoning request
with the minimum lot width being 60' and the average minimum lot size requirement of
8,400 square feet. Mr. Colombo seconded the motion. The vote was unanimous.
Consider action to approve Minutes of the following Planning &Zoning meetings.
o Workshop -November 3, 2014
e Regular Meeting — November 3, 2014
A motion was made by Chairman Burr, seconded by Mr. Johnson to approve the
Minutes of November 3`d workshop meeting. The vote was unanimous.
A motion was made by Chairman Burr to approve the Minutes of the regular meeting of
the November P, meeting with the condition to correct the typo regarding Mr. Miller
first name. Mr. Johnson seconded the motion. The vote was unanimous.
Adjourn
There being no further business, a motion was made by Chairman Burr, seconded by
Ms. Setliff to adjourn meeting. The meeting adjourned at 7:46 p.m.
W'� 4e-�eez -�
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Agenda 12-01-14.doc Page 3 of 3 12-01-14
Ii�dINUTES
The Park Board of the City of Anna will held a special meeting on Tuesday, February 1 S, 2014,
at 7:00 p.m. at the Community Room of Anna City Hall Administration Building, located at 111
North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:01 p.m. and establishment of quorum. Park Board
members present were Jon Hendricks, Erin Cogar, Rachel Lyon, Kelly Hoggatt and Scott
Stroud. Staff present was Maurice Schwanke.
2. Update: Park Activities
Discussion - Mr. Schwanke gave an update regarding City of Anna's park land and
discussion of potential future land for parks.
4. Adjourn
A motion was made by Ms. Lyon, seconded by Ms. Cogar to adjourn meeting. Motion
camed unanimously. The meeting adjourned at 7:45 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
Park Board Minutes Special 02-18-14 doc Page 1 of 1 02-18-14
MINUTES
ANNA PARK BOARD
REGULAR MEETING
oil 21, 2014 Ap
The Park Board of the City of Anna held a regular meeting on Monday, April 217 20131 at 7:00
p.m. at the Community Room of Anna City Hall Administration Building, located at 111 North
Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:06 p.m. and establishment of quorum. Board member
present were John Hendricks, Scot Stroud and Erin Cogar. Rachel Lyon and Kelly Hoggatt
were absent. Staff present was Maurice Schwanke.
2. Consider/Discuss/Act on recommendation regarding Lakeview Park. The park will be
located in the future Lakeview Estates subdivision.
Mr. Schwanke gave a presentation regarding "Lakeview Park". Following a brief discussion
a motion was made by Mr. Stroud, seconded by Ms. Cogar to recommended approval of the
Lakeview Park. The vote was 34 Motion carried.
3. Park Update -Status of Slayter Creek Park
Discussion — Mr. Schwanke gave an update regarding Slayter Creek Park. No action was
taken.
4. Park Board Minutes
• February 18, 2014 (special)
A motion was made by Ms. Cogar, seconded by Ms. Stroud to approve the February 18, 2014
minutes. The vote was 3-0. Motion carried
5. Adjourn
There being no fiuther business, a motion was made by Mr
to adjourn meeting. The meeting adjourned at 7; "'
ATTEST:
Stroud, seconded by Ms. Cogar
Maurice Schwanke
Duector of Planning and Development
Park Board Minutes 04-21-14 doe Page 1 of 1 04-21-14
MINUTES
ANNA PARK BOARll
REGULAR MEETING
Monday, July 21, 2014
The Park Board of the City of Anna held a regular meeting on, Monday July 21, 2014 at 7:00
p.m. in the Community Room of the Anna City Hall Administration Building, located at 111
North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order at 7:07 pm and establishment of quorum. Park Board members present were
Jon Hendrix, Rachel Lyon and Kelly Hoggatt. Also present were Maurice Schwanke and
special guests Karen Ahrens and Rex Ahrens of Daddy Rex's.
2. Discussion/Action regarding rental fees for the Disc Golf Course.
Kelly made the motion to require a $300 fee per day (from the time the park opens till the
time it closes) for tournaments. Rachel seconded the motion. The motion carried.
3. Discussion/Action regarding the approval of a resolution approving a special event
application submitted by Karen Ahrens, Owner of Daddy Rex's Twisted Barbeque
representing the "Anna Athletic Booster Club" concerning the request to have a
"Fundraiser 5K and Family I full walk on Saturday, September 20, 2014 from (10 a.m.
to 9:00 p.m.) starting at Slayter Creek Park. The time includes clean up after the event.
Kelly made the motion to approve the application as is. Rachel seconded the motion. The
motion carried.
4. Park Board Minutes of April 21, 2014. Rachel made a motion to accept the minutes.
Kelly seconded it. The motion carried.
5. Adjourn — Rachel made a motion to adjourn. Kelly seconded. Motion carried. Meeting
adjourned at 7:20 pm.
Maurice Schwanke
Director of Plaiming and Development
ATTEST:
Park Board Agenda 07-21-14 doe Page 1 of 1 07-21-14
MINUTES
ANNA PARK BOARD
REGULAR MEETING
August 18, 2014
The Park Board of the City of Anna held a regular meeting on Monday, August 18, 2014, at 7:00
p.m. at the Community Room of Anna City Hall Administration Building, located at 111 North
Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
Meeting called to order at 7:04 p.m. and establishment of quorum. Park Board members
present were Jon Hendricks, Rachel Lyon, Erin Cogar, Scott Stroud, and Stan Carver. Also
present was Maurice Schwanke and special guest Connie Christensen, representative for the
Greater Anna Chamber of Commerce.
2. Consider/Discuss/Action regarding the approval of a resolution approving a special event
application submitted by Connie Christensen, representative for the Greater Anna Chamber
of Commerce regarding the request for the "Anna Glow Fest" to be held at the Slayter Creek
Park on October 25, 2014 from 11:00 a.m. to 11 *00 p.m. The event set up will start on Oct
201
Erin made the motion to approve the special event application for the Anna Glow Fest. Stan
seconded the motion. The motion carried.
3. Park Board Minutes
• July 21, 2014
Erin made a motion to accept the minutes of the July 21, 2014 meeting. Rachel seconded the
motion. The motion carried.
4. Adjouc•n
Scott made the motion to adjourn. Stan seconded the motion. Motion carried. Meeting
adjourned at 7:16 p.m.
ATTEST:
Maurice Schwanke
Director of Planning and Development
Board Minutes 08-18-14 doe
Page 1 of 1
08-18-14
MINUTES
ANNA PARK BOARD
REGULAR MEETING
September 15, 2014
The Park Board of the City of Anna held a regular meeting on Monday, September 15, 2014, at
7:00 p.m. at the Community Room of Anna City Hall Administration Building, located at I I I
North Powell Parkway (Hwy 5), to consider the following items.
l . Call to order and establishment of quorum.
Meeting called to order at 7:06 p.m. and establishment oi' quorum. Park Board members
present were Rachel Lyon, Erin Cogar, Scott Stroud and Stan Carver. Staff present was
Maurice Schwanke and special guest Greta Adams, representative for the Anna Education
Foundation.
2. Consider/Discuss/Action regarding the approval of a resolution approving a special event
application submitted by Greta Adams, representative for the Anna Education Foundation
regarding the request to sponsor a "Disc Golf Tournament" event to be held on October 25,
2014 from 8:00 a.m. to 1 *00 p.m. The event would be held on the same day as the Glow Fest
and would be using the Disc Golf Course only.
Erin made the motion to approve the special event application for the Disc Golf Tournament.
Stan seconded the motion. The motion carried.
3. Discussion: Reaarding_placing apath walk from the Anna Mobile Ilome Park to Slate
Creek park trail so that patrons can get to the trail without crossing private property.
Maurice gave a presentation regarding the above. This was a discussion only, no vote
needed. However, the Board indicated that they would not be in favor of this access since the
access would be between mobile homes and the entry point is where discs are being thrown
which could lead to a dangerous situation.
4. Park Board Minutes
• Augustl8 , 2014
A motion was made by Scott to accept the Minutes of the August 18, 20 ] 4 meeting. Rachel
seconded the motion. The motion carried.
5. Adjourn
Erin made the motion to adjourn. Rachel seconded the motion. Motion carried. Meeting
adjourned at 7:52 pm.
Maurice Schwanke
Director of Planning and Development
ATTEST:
09-15-14 Minutes.doc Page 1 of 1 09-15-14
CITY OF ANNA, TEXAS
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February Yes
10I 2015
Clayton Fulton
AGENDA SUBJECT:
Consider/Discuss/Action adopting an ordinance amending the City's Financial Policy
SUMMARY:
The City's Financial Policies have been reviewed by staff. It was determined that
language guiding the use of funds in the Fire Trust account needed to be included.
The City Manages a Fire Trust account to support grants applications and the purchase
of equipment and fire apparatus in the Fire Department.
The attached policy clarifies the sources and uses of funds in the Fire Trust account.
STAFF RECOMMENDATION:
Adopt the ordinance approving the updated financial policy for the City of Anna.
CITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING A PURCHASING
POLICY
WHEREAS, the City of Anna, Texas ("the City") is committed to principles and
practices of open and fair government that honor the public trust; and,
WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that
it is in the interests of the citizens of Anna to adopt a Purchasing Policy that establishes
policies and procedures to govern the management and care of public funds when
purchases the goods and services required for the operation of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Purchasing Policy Adopted.
The City Council hereby approves a Financial Policy attached hereto as EXHIBIT 1 and
incorporated herein for all purposes.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any section, subsection, sentence, clause, or phrase of this
ordinance, or its application to a particular set of persons or circumstances, is declared
invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect
the remaining portions of this ordinance, as the various portions and provisions of this
ordinance are severable. The City Council, declares that it would have passed each and
every part of this ordinance notwithstanding the omission of any part that is declared
invalid or unconstitutional.
Section 4. Effective Date.
This ordinance shall become effective after its passage and upon the posting and/or
publication, if required by law.
CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2
PASSED by the City Council of the City of Anna, Texas, on this the 10th day of February,
2015.
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS ORDINANCE NO.
APPROVED:
Michael Crist, Mayor
City of Anna, Texas
Financial Policies
February 10, 2015
February 10, 2015
BUDGET POLICY
Introduction:
The City of Anna, Texas financial policies set forth the basic framework for the fiscal
management of the City. These policies are to ensure consistency in the City's financial
processes related to revenue, expenditures, purchasing, accounting, investing, fiscal
management and integrity, and fund balance. The City's financial policies are intended to assist
the City council and City staff in evaluating current activities and proposals for future programs.
The policies are to be reviewed on an annual basis and modified to accommodate changing
circumstances and conditions. The City of Anna will ensure long-standing policies that provide
guidelines for current decision -making processes and future plans.
Operating Budget Policies:
The fiscal year of the City of Anna shall begin on October 1 of each calendar year and end on
September 30 of the following calendar year. The fiscal year will also be established as the
accounting and budget year.
The operating budget will be balanced with current revenues and a portion of beginning
resources or fund balances which will be greater than or equal to current expenditures or
expenses. The City Manager's budget shall assume, for each fund, operating revenues that are
equal to, or exceed operating expenditures.
Annual estimates of revenues in all funds will be based on historical trends, and reasonable
expectations and assumptions regarding growth, the state of the economy, and other relevant
factors. A conservative approach will be observed in estimating revenues.
Expenditures in all funds will be managed so as to ensure the fund's obligations are met when
due. Throughout the year the Finance Department will provide regular budgetary comparisons
reports to Department Directors and the City Manager. These reports will highlight Adopted
Budget, Adjusted Budget, Current, Year to Date, and Previous Year expenditures and revenues.
These periodic budgetary comparisons statements of revenue and expenditures will allow
department directors to adequately manage their department's budget and anticipate
revenues and expenditures.
Expenditures within the each Fund will remain within each department's original appropriation
unless an intra-fund budget transfer is approved by the City Manager. The City Manager is
authorized to approve intra-fund transfers. Only the City Council may approve inter -fund
transfers. Budget amendments will occur when total actual expenditures exceed budgeted
expenditures in any fund(s). Budget amendments are authorized only by the City Council
approved by ordinance. If at any time during a fiscal year the City Manager estimates that
current year expenditures in any fund will exceed available revenues, the City Manager will
submit a plan to the City Council addressing the estimated deficit including a plan of action to
overcome the estimated deficit.
February 10, 2015 1
Anna's budget is coordinated to identify major policy issues for the City Council to consider
several months prior to the budget approval date. In this way, the Council has adequate time to
evaluate decisions and ensure proper decisions are made. The budget review process will
include City Council, City staff, and citizen participation through public hearings.
Each department head is responsible for ensuring proper budgetary procedures are followed
throughout his or her department.
Investments made by the City of Anna will be in compliance with policies contained in the City
A Anna Investment Policy and the Public Funds Investment Act. All investments will be
evaluated upon safety, liquidity, and yield. Interest earned from investment of available funds
is based on departmental ownership of the invested dollars and will be booked to the
appropriate department's fund when realized.
After City council adoption, the budget shall be in effect for the budget year. Final adoption of
the budget by the City council shall constitute the official appropriations for the current year
and shall constitute the basis of the official levy of the property tax. Following the final
adoption of the budget by ordinance, the City Council shall pass an ordinance levying property
taxes for the current year.
Fund Balance.
A key element of the financial stability of the City is to establish guidelines or "safe harbors' for
fund balance. Unassigned fund balance is an important measure of economic stability. It is
essential that the City maintain adequate levels of unassigned fund balance to mitigate financial
risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and
similar circumstances. The fund balance also provides cash flow liquidity for the City's general
operations.
For governmental funds, it is important to distinguish between fund equity and fund balance. A
fund's equity is typically the difference between its assets and liabilities. Fund balance is an
accounting distinction made between the portions of fund equity that are spendable and non -
spendable. The Governmental Accounting Standards Board has established 5 classifications of
fund balance:
1. Nonspendable fund balance — includes amounts that are not in a spendable form or are
required to be maintained intact. Examples are inventory or permanent funds (i.e.
endowment funds).
2. Restricted fund balance — includes amounts that can be spent only for the specific
purposes stipulated by external resource providers either constitutionally or through
enabling legislation. Examples include grants and child safety fees.
February 10, 2015 2
3. Committed fund balance — includes amounts that can be used only for the specific
purposes determined by a formal action of the government's highest level of decision -
making authority. Commitments may be changed or lifted only by the government
taking the same formal action that imposed the constraint originally.
a. The City Council is the City's highest level of decision -making authority and the
formal action that is required to be taken to establish, modify, or rescind a fund
balance commitment is a resolution approved by the Council at the City's Council
meeting. The resolution must either be approved or rescinded, as applicable,
prior to the last day of the fiscal year for which the commitment is made. The
amount subject to the constraint may be determined in the subsequent period.
4. Assigned fund balance — comprises amounts intended to be used by the government for
specific purposes. Intent can be expressed by the governing body or by an official or
body to which the governing body delegates the authority. In governmental funds other
than the general fund, assigned fund balance represents the amount that is not
restricted or committed. This indicates that resources in other governmental funds are,
at a minimum, intended to be used for the purpose of that fund (i.e. only funds in the
capital projects fund may be used for capital projects).
a. The City Council has authorized the City Manager to assign fund balance to a
specific purpose as approved by this fund balance policy.
5. Unassigned fund balance — is the residual classification of the general fund and includes
all amounts not contained in other classifications. Unassigned amounts are technically
available for any purpose.
Minimum Unassigned Fund Balance
The City shall set aside resources during years of growth to fund a reserve for years of decline
and/or to fund capital out of current funds for projects that would have otherwise been funded
through debt financing. It shall be the goal of the City to maintain an unassigned fund balance
in the General Fund of 25% of total appropriations.
Minimum Unrestricted Net Assets
The City shall set aside resources during years of growth to fund a reserve for years of decline
and/or to fund capital out of current funds for projects that would have otherwise been funded
through debt financing. It shall be the goal of the City to maintain unrestricted net assets in the
Utility Fund (a non -governmental type fund) of 25%of total appropriations.
At the close of each fiscal year, the unencumbered balance of each appropriation shall revert to
the fund from which it was appropriated.
If minimum fund balance falls below the goals stated above, the City Manager will develop a
strategy to initially evaluate current government wide spending to determine areas where cost
February 10, 2015 3
efficiencies may be realized and implement those efficiencies. Should the analysis prove
insufficient to attain the goal, a multi -year strategy will be put in place to meet the goals
through a combination of cost cutting, cost recovery, and revenue enhancing strategies.
Order of Expenditure of Funds
When multiple categories of fund balance are available for expenditure (for example, a
construction project is being funded partly by a grant, funds set aside by the City Council, and
unassigned fund balance), the City will start with the most restrictive category and spend those
funds first before moving down to the next category with available funds.
Financial Policies:
The accounts of the City are organized and operated on the basis of funds and account groups.
Fund accounting segregates funds according to their intended purpose and is used to aid
management in demonstrating compliance with finance -related legal and contractual
provisions.
The City's annual budget shall be prepared and adopted on a basis consistent with generally
accepted accounting principles for all governmental and proprietary funds except the capital
projects fund, which adopts project -length budgets.
Account balances shall be reported on the modified accrual basis of accounting within the
General Fund and other governmental funds and the accrual basis of accounting in the Utilities
Fund.
Quarterly Reports:
Revenues actually received will be regularly compared to budgeted revenues and variances will
be investigated. This process will be summarized in the quarterly budget reports prepared and
submitted by the City Manager's Office.
The City Manager shall submit to the City Council each quarterly financial report of the City.
The report will compare budget estimates against the previous quarter's realized revenues
including year to date realized revenues. The previous fiscal year's performance will also be
included.
General Obligation Bonds/ Debt:
Anna shall have the power to borrow money on the full faith and credit of the City and to issue
general obligation bonds for permanent public improvements. The City will also be allowed to
borrow money for any other public purpose not prohibited by the Constitution and laws of the
State of Texas, and to issue refunding bonds to refund outstanding bonds of the City previously
issued. All such bonds shall be voted on and issued in conformity with the laws of the State of
Texas.
February 10, 2015 4
Any and all bond funds approved by the vote of the Citizens of Anna will be expended only for
the purposes stated in the bond issue.
The City shall also from time to time borrow money utilizing other available instruments
including revenue bonds, certificates of obligation, et al.
In all cases, the City shall evaluate the following prior to incurring debt obligations:
• Ensure that the purpose of the debt is consistent with type of debt instrument
• Where possible, match the useful life of the asset with the maturity of the debt
• Review the maintenance & operations property tax rate against the debt service tax rate
and ensure that no more than 35% of the total tax rate is used for debt obligations.
The
City
will manage
the length and maturity of its
long-term debt in order to lower net interest
cost
and
to maintain
future flexibility by paying off
debt earlier.
Revenues:
The City of Anna strives to maintain and enhance a diversified and stable revenue system to
shelter it from fluctuations in any single revenue source. The City also pursues an aggressive
policy of collecting all money due to the City. The City will continue an aggressive policy to
reduce the level of delinquent taxes.
For every annual budget, the City kill two property tax rates: maintenance/operations
(M&0) and debt service (I&S). The debt service levy shall be sufficient for meeting all principal
and interest obligations associated with the City's outstanding debt, less money transferred
into the debt service fund from other funds and any self-sustaining debt such as revenue bonds,
for the budget year. The operation and maintenance levy shall be accounted for in the General
Fund.
The City is primarily a bedroom community with a heavy reliance upon property taxes. In order
to supplement property taxes, the City has and will continue to support economic development
and community development to create a vibrant community with a growing sales tax base to
defray the reliance upon property taxes.
The City Manager shall project revenues from every source based on actual collections from the
preceding years and estimated collections of the current fiscal year. There are a variety of
factors that may impact revenues for an upcoming fiscal year, and the City Manager will take
these into account when projecting collections. Sales tax revenue projections should be
conservative due to the nature of this more volatile revenue source.
Types of City Funds:
• General Fund is the government's primary operating fund.
February 10, 2015 5
• Debt Service Fund accounts for the resources accumulated and payments made for
principal and interest on long-term obligation debt of governmental funds.
• Capital Projects Fund accounts for the acquisition of capital assets or construction of
major capital projects not being financed by any other fund.
• Utility Fund is used to account for the City's water and wastewater operations and
certain long-term debt.
Fire Trust:
As part of the General Fund. the City operates a Fire Trust Account. This account is used to
support the following activities in the Fire Department:
• Purchase of eouipment
• Purchase of fire apparatus
• Support of Fire Department Grants, including use as matching funds
Formatted: List Pa2graph, Bulleted + Level: 1 +Aligned at:
0.25" +Indent at: 0.5"
Funds in the Fire Trust and heldspecial account and maintained in the Citv's financial
software. Interest earned on Fire Trust deposits are maintained in the Fire Trust. Donations to
the Fire Department, including funds voluntarily contributed by developers to support the Fire
Department, are deposited into the Fire Trust. , Formatted: Font: 12 pt, Not Bold
Financial Statements:
An annual independent audit will be completed and filed with the City Secretary within one
hundred eighty (180) days from the completion of each fiscal year, the results of which shall be
presented to and approved by the City Council. The financial statements to the City are to be
prepared in conformity with generally accepted accounting principles (GAAP) in the United
States of America as applied to governmental units. The Governmental Accounting Standards
Board (GASB) is the accepted standard -setting body for establishing governmental accounting
and financial reporting principles.
The City shall contract with a qualified independent auditing firm on an annual basis, and shall
use the same firm no more than five consecutive years.
February 10, 2015 6
PURCHASING POLICY
Section 1. Purpose
The purpose of the Purchasing Policy and Procedures is to provide a means for the acquisition
of supplies and services that are required for the operation of the City of Anna.
Section 2. Authorization and Procedures
The City Manager is authorized to make purchases and enter into contracts on behalf of the
City if the amount does not exceed $50,000. The City Manager is also authorized to make
Emergency Purchases consistent with this Purchasing Policy. Notwithstanding anything to the
contrary in this Purchasing Policy or in any other City ordinance, rule, regulation or policy;
except for Emergency Purchases authorized under this Policy, all purchases, transactions and
contracts for expenditures regardless of amount must be expressly approved in advance by the
City Council during a duly noticed public meeting if —with respect to such purchase, transaction
or contract for expenditure —any City Official (as defined in the Anna Code of Ethics) is: (1)
required to file a Conflicts Disclosure Statement under Chapter 176 of the Texas Local Gov't
Code or the Anna Code of Ethics, as amended; or (2) is a Vendor as that term is described under
Section 176.002 of the Texas Local Gov't Code, which includes acting as an agent of a Vendor.
Otherwise, the following purchasing procedure is outlined in accordance with the noted dollar
thresholds of expenditures.
a) Expenditures for Goods or Services $.02 - $999: Department Directors are allowed to make and
authorize purchases for goods or services up to $999 without seeking quotes or bids.
Expenditures in this category do not require a purchase order.
b) Expenditures for Goods or Services $1,000 - $2,999: Expenditures for good or services
equal to or greater than $1,000 but not exceeding $2,999 may be approved at the
department level by the Department Director, Department Directors should request
and review at least three different quotes or bids unless the purchase is listed under the
General Exemptions in Texas Local Government Code Chapter 252.022, This is an
informal bid process and quotes or bids may be obtained via mail, e-mail, delivery
service, telephone, facsimile, catalogues, internet websites, in-store price comparison,
verbal quotes, or any other reasonable method of comparing vendor pricing.
1. Upon receipt and evaluation of the quotes or bids, the Department Director shall
submit to the Finance Department a purchase order and purchasing memo
summarizing the bids received and the recommended or selected vendor.
2. In lieu of requesting three different quotes or bids, and when authorized by the City
Manager, Department Directors may purchase goods or services in this category
through a local government purchasing cooperative or interlocal purchasing
agreement of which the City of Anna is a member or is eligible to participate, and
February 10, 2015 7
where the products and services to be purchased have been submitted for
competitive procurement as outlined by state statute.
c) Expenditures for Goods or Services $3,000 - $49,999: Expenditures for good or services
equal to or greater than $3,000 but not exceeding $49,999 are also bid on an informal
basis with at least three written bids or quotes required unless the purchase is listed
under the General Exemptions in Texas Local Government Code Chapter 252.022. The
City will contact Historically Underutilized Business as stipulated in Texas Local
Government Code Chapter 252.0215 unless the purchase is listed under the General
Exemptions in Texas Local Government Code Chapter 252.022.
1. All purchases in this category must be approved in advance by the City Manager and
the Finance Department. Upon receipt and evaluation of the quotes or bids, the
Department Direct shall submit to the City Manager a purchase order and
purchasing memorandum summarizing the responses and recommending a vendor.
The memorandum shall include supporting documentation for all quotes or bids and
evidence the department contacted Historically Underutilized Businesses as outlined
above. After authorization has been received from the City Manager, the purchase
order can be submitted to the Finance Department for final approval and
processing.
2. In lieu of providing three different written quotes, goods or services in this category
may be purchased through a local government purchasing cooperative or interlocal
purchasing agreement of which the City of Anna is a member or is eligible to
participate, and where the products and services to be purchased have been
submitted for competitive procurement as outlined by state statute.
d) Expenditures for Goods or Services $50,000 and over: Except for Emergency Purchases
authorized under this Policy, all purchases above $50,000 must be purchased under
formal competitive sealed bidding rules or as otherwise permitted by the Local
Government Code under Chapters 252 and 271. No bid process shall begin until
approved by the City Council and City Manager. The City Council hereby selects as its
designated representative the City Manager of the City of Anna, Texas to discharge on
its behalf any duty it may have now or in the future with respect to any purchase or
contract to determine the method(s) of purchase that will provide the best value to the
City.
e) Professional Services: Notwithstanding anything to the contrary in this Purchasing
Policy or in any other City ordinance, rule, regulation or policy, purchases of professional
services regulated by the Professional Services Procurement Act (PSPA) shall be in
accordance with the requirements outlined in the PSPA as amended.
f) Emergency Purchases: Notwithstanding anything to the contrary in this Purchasing
Policy or in any other City ordinance, rule, regulation or policy, the City Manager is
February 10, 2015 8
authorized to make or approve any emergency purchase necessary to respond to a
public calamity, to preserve or protect the public health or safety of the municipality's
residents, or because of unforeseen damage to public machinery, equipment, or other
property; in accordance with the General Exemptions authorized in Section 252.022 of
the Texas Local Government Code without seeking bids or contacting Historically
Underutilized Businesses, The City Manager is authorized to declare or determine an
emergency that necessitates an emergency purchase, and shall advise the City Council
of any such emergency purchase in excess of $50,000. When an emergency occurs
during regular business hours and the expense exceeds the normal department
approval amount, the department director shall contact the City Manager or his
designee, to receive authorization for the emergency purchase.
g) Responsibilities:
1. The City Manager administers this Purchasing Policy, approves purchases between
$3,000 and $49,999, and oversees the competitive bidding process for all purchases
in excess of $50,000 requiring approval of the City Council.
2. Department Directors prepare and review solicitations for the purchase of goods
and services as outlined in this Purchasing Policy. Directors sign off on and approve
all department purchases and ensure that all purchasing requirements are met.
Department Directors ensure that reasonable and prudent steps are taken to assure
that the best value is obtained for the goods or services to be procured.
3. The Finance Department reviews budgets to determine availability of funds for
purchases.
4. Accounts Payable receives, reviews, and processes all purchase orders and payment
requests.
5. Each city employee authorized to purchase supplies, equipment, or services shall be
familiar with and follow this Purchasing Policy and related purchasing procedures.
Section 3. Petty Cash
Petty Cash is deemed appropriate when it allows for more efficient procurement of minor
goods and services. Petty Cash may only be used for minor purchases of goods or services up
to $50.00. An employee requesting the Petty Cash must have approval from their Department
Director. Documentation for the use of Petty Cash is required at time of reimbursement, and
must include an invoice or receipt for the purchase. The employee requesting reimbursement
will be required to sign for receipt of the cash.
February 10, 2015 9
Section 4. Purchase Orders
Purchase orders are required for all purchases in excess of $999, unless otherwise indicated
below. Purchase orders may be submitted for purchases less than $999 but are not required.
Purchase orders shall be submitted to Accounts Payable for processing after obtaining the
appropriate approval signatures and with all supporting documentation attached. Purchase
orders submitted without appropriate approval or required documentation will be returned to
the originating department.
Subject the limits on the City Manager's authority to make purchases and enter into contracts
on behalf of the City as outlined in the Section 2 of this Policy, purchase of the following items
do not require the solicitation of bids or a purchase order and can be paid by completing a
check request or payment authorization:
• Insurance Premium Payments
• Retirement System Payments (TMRS)
• Debt Service Payments
• Utility Service Payments
• Operating Leases/Maintenance Agreements
• Contracted Services (if contract was entered in accordance with this policy)
• Travel and Lodging
• Registration fees
• Membership/Professional Association dues and fees
• Postage
• Subscription Services
• Other similar routine purchases authorized by the City Manager
February 10, 2015 10
Purpose:
The purpose of the Purchasing Card Program is to provide the City with an efficient and
controllable method of making small dollar commodity, service, and travel purchases. The City
will issue cards from a company that has received the State of Texas purchasing card contract
or under a Co-operative purchasing agreement with another municipality within the State of
Texas. The card will be primarily used in place of petty cash, small regular purchase orders,
blanket purchase orders (where sales are made over-the-counter), emergency purchase orders,
and all other credit cards. This card policy is not intended to replace, but rather supplement
existing purchasing, travel and other City policies. Participating in the purchasing card program
will be the option of the employer. Employees that are not issued a card may obtain travel
advances or reimbursements
Use:
The card will be used for the following:
1) Any transaction that does not exceed $1,500 or the cardholder's transaction limit,
whichever is less.
2) Over-the-counter type retail purchases normally made using a charge account or
discontinued credit cards.
3) Travel related purchases in compliance with the City of Anna Travel Policy.
4) Any other business related purchase as long as:
a. The vendor accepts credit cards, and the goods/services purchases are not
covered under a City supply contract. Accounting Department will periodically
update staff via email of any commodities that cannot be purchased with the
purchasing card.
b. All other purchases are to be made using the standard purchasing process.
Transaction/Card Limits:
Each individual purchasing card will have transaction and/or spending limits. The Finance
Director has the ability also to limit types of purchases, place of purchase and hours of day
purchases can be made on individual cards. The total purchase price as printed on the
individual credit card receipt is known as the "transaction amount". The purchasing card may
be limited by the merchant type, transaction amount, and monthly transaction limit. The
Department Director, Finance Director, and City Manager determine limits.
February 1Q 2015 11
Cardholder Class
*Per
Transaction
*Per
Month
Management
City Manager, Department Directors
$
21500
$
51000
Supervisory
Division Heads, Supervisors
$
11500
$
31000
Intermediate Level Users
$
500
$
2,000
*The City Manager may set different limits for specific individuals as needed.
Restrictions:
Employees may NOT use the card for the following:
1. Any purchases of items for personal use
2. Cash refunds or advances
3. Any purchases of goods/services at a merchant type not considered prudent or of
good judgment
4. Any transaction amount greater than the cardholder's transaction limit
5. Items under contract, unless an emergency exception is granted by the Finance
Department
6. Alcohol, liquor, and tobacco products of any kind
7. Separate, sequential and component purchases or any transaction made with intent
to circumvent City purchasing policy or state law
8. Any other purchase specifically excluded in the City purchasing policy
Receipts:
All purchases must be supported by a receipt for the purchaser. Any purchase without a receipt
shall be the responsibility of the purchaser unless approved by the City Manager.
Audit review:
Purchases using the Anna Purchasing cards shall be reviewed for compliance with this policy by
City Auditor during the annual audit process.
February 10, 2015 12
ETHICS POLICY
This Ethics Policy is cumulative of any provisions governing ethics or conflicts of interest under
state law, the City of Anna's Home -Rule Charter, and the Anna Code of Ethics, all as amended,
and in the event of any conflict between any such provisions, the most restrictive provision
shall govern. This Ethics Policy will promote the objectives of protecting government integrity
and facilitating the recruitment and retention of qualified ethical personnel needed by the City
of Anna. Such policy is implemented by prescribing essential standards of ethical conduct
without creating unnecessary obstacles to entering public service.
As a public entity, the City is expected to be able to demonstrate to the public that it has spent
their tax dollars wisely. All participants in the City are responsible for insuring that money is
spent in accordance with the terms and conditions of all the policies of the City of Anna. Public
employees must discharge their duties impartially so as to assure fair competitive access to
government procurement by responsible contractors. Public officials and employees must take
precautions to avoid even the appearance of impropriety, self -dealing, favoritism, or undue
influence.
Therefore, all persons with the responsibility of handling City of Anna monies must obtain
and/or create as appropriate adequate documentation, including a clear explanation of exactly
what each purchase is for.
General Ethical Standards$
1. It shall be a breach of ethics to attempt to realize personal gain through public
employment with the City of Anna by any conduct inconsistent with the proper
discharge of the employee's duties.
2. It shall be a breach of ethics to attempt to influence any public employee of the City of
Anna to breach the standards of ethical conduct set forth in this code.
3. It shall be a breach of ethics for any employee of the City of Anna to participate directly
or indirectly in a procurement when the employee knows that:
a. The employee or any member of the employee's immediate family has a
financial interest in the procurement;
b. A business or organization in which the employee, or any member of the
employee's immediate family, has a financial interest pertaining to the
procurement;
c. Any other person, business or organization with whom the employee or any
member of the employee's immediate family is negotiating or has an
arrangement concerning prospective employment is involved in the
procurement.
4. It shall be a breach of ethics for any employee of the City of Anna to accept, receive, or
arrange for any gratuity or any offer of employment in connection with any decision,
approval, denial, recommendation, preparation of any part of a program requirement or
purchase request, influencing the content or any specification or procurement standard,
February 10, 2015 13
rendering of adviceI investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or
other particular matter pertaining to any program requirement of a contract or
subcontract, or to any solicitation or proposal thereof, pending before this government.
5. It shall be a breach of ethics for any employee of the City of Anna to approve or allow
any purchase, transaction or contract for expenditure regardless of the amount unless
said employee has been expressly authorized to do so in advance by the City Council
during a duly noticed public meeting if —with respect to such purchase, transaction or
contract for expenditure —any City Official (as defined in the Anna Code of Ethics) is: (1)
required to file a Conflicts Disclosure Statement under Chapter 176 of the Texas Local
GoVt Code or the Anna Code of Ethics, as amended; or (2) is a Vendor as that term is
described under Section 176,002 of the Texas Local Gov't Code, which includes acting as
an agent of a Vendor.
6. It shall be a breach of ethics for any employee or former employee of the City of Anna
knowingly to use confidential information for actual or anticipated personal gain, or for
the actual or anticipated gain of any person.
February 10, 2015 14
The City Council shall select a bank depository that will meet the needs of the City and comply
with all state laws governing such depositories and the management and safeguarding of public
funds. The City shall issue a request for proposals/qualifications for bank depository services
every five years, or more often if necessary. However, said requirements shall not restrict the
number of years, either cumulatively or consecutively, that any single bank depository shall be
used. Depositories shall be selected based on a number of criteria, including, but not limited to,
ability to comply with state and local statutes, customer service, hours of operation, yield on
deposits, geographic proximity to City hall, services offered, etc.
February 10, 2015 15
CITY OF AN NA, TEXAS
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
Adoption of the February 2015 Water Resource Emergency Management Plan.
SUMMARY:
The Texas Administrative Code requires that Drought Contingency Plans be updated at
least once every five years and that the City coordinate with water suppliers and
regional water planning groups during the development of the plan. Put simply, a
Drought Contingency Plan is a strategy or combination of strategies for temporary water
supply management and demand management responses to temporary and potentially
recurring water supply shortages and other water supply emergencies.
The Texas Administrative Code, Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20
sets certain criteria that must be met in order for the plan to be considered complete.
The criteria includes outlining when drought stages are initiated or terminated,
coordination with the regional water planning group, setting specific and quantifiable
targets for water use reductions, and other similar criteria as shown specifically in
Section 3 of the proposed Water Resource Emergency Management Plan. Staff has
coordinated with the Greater Texoma Utility Authority and the North Texas Municipal
Water District in development of this plan to ensure that our plan is consistent with
their respective plans. Additionally, staff has further developed and reviewed the plan
and has determined that the proposed plan meets the criteria as required by the Texas
Administrative Code.
STAFF RECOMMENDATION:
A Public Hearing should be conducted for this item. Staff recommends approval and
adoption of the ordinance repealing Ordinance Number 439-2009 and adopting a new
Water Resource Emergency Management Plan for the City of Anna.
FEBRUARY 2015
This Water Resource Emergency Management Plan is an update to the previous Drought Contingency
and Water Emergency Response Plan, and was drafted utilizing the Model Water Resource and
Emergency Management Plan prepared by Freese and Nichols for the North Texas Municipal Water
District (NTMWD). The Greater Texoma Utility Authority (GTUA) is a customer of the NTMWD and
receives treated water from the NTMWD for delivery to several GTUA Member Cities and Customers
including the City of Anna. This plan was prepared pursuant to Texas Commission on Environmental
Quality rules. Some material is based on the existing drought contingency plans listed in Appendix A.
This Water Resource Emergency Management plan is based on the Texas Administrative Code in effect
on June 25, 2013.
TABLE OF CONTENTS
1.
INTRODUCTION AND
OBJECTIVES.....................................................................................1-1
2.
DEFINITIONS.......................................................................................................................2-1
3.
TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY RULES ............................................
3-1
4.
WATER RESOURCE EMERGENCY MANAGEMENT PLAN....................................................4-1
4.1 Provisions to Inform the Public and Opportunity for Public Input ................................. 4-1
4.2 Initiation and Termination of Water Resource and Emergency Management Stages .. 4-2
4.3 Procedures for Granting Variances to the Plan............................................................4-11
4.4 Procedures for Enforcing Mandatory Water Use Restrictions ..................................... 4-12
4.5 Coordination with the Regional Water Planning Group and GTUA.............................4A2
4.6 Review and Update of Water Resource Emergency Management Plan......................4-12
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on Drought
Contingency Plans
• Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter
B, Rule §288.20 — Drought Contingency Plans for Municipal Uses by
Public Water Suppliers
APPENDIX C Letter to Region C Water Planning Groups
APPENDIX D Ordinance Adopting Water Resource Emergency Management Plan
1. INTRODUCTION AND OBJECTIVES
This document is based on a Model Water Resource and Emergency Management Plan prepared by the
Greater Texoma Utility Authority (GTUA) for its Member Cities and Customers. This plan addresses all of
the current TCEQ requirements for a drought contingency plan.
The measures included in this Water Resource Emergency Management Plan are intended to provide
short-term water savings during drought or emergency conditions. Water savings associated with
ongoing, long-term strategies are discussed in the City's Water Conservation Plan.
The purpose of this Water Resource Emergency Management plan is as follows:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health, welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
The GTUA supplies treated potable water to the City of Anna with treated water received from NTMWD.
This plan calls for Member Cities and Customers to adopt water resource management stages initiated
by GTUA during a drought or water supply emergency. The City may adopt more stringent water
resource management stages than GTUA if conditions warrant.
In the absence of drought response measures, water demands tend to increase during a drought due to
increased outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies
and on the relationship of demand to available supplies.
2. DEFINITIONS
1. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf
grass, used primarily for organized sports practice, compeon or exhibition events for schools,
professional sports, or sanctioned league play'.
2. CITY means the City of Anna, Texas.
Definition from City of San Antonio Water Conservation Ordinance adopted 2005.
http://saws.org/conservation/ordinance/dots/Ch34 Ordinance 2009.pdf
2-1
3. CITY MANAGER means the City Manager of the City of Anna, Texas.
4. CITY COUNCIL means the City Council of the City of Anna, Texas.
5. COMMERCIAL FACILITY business or industrial buildings and the associated landscaping, but does
not include the fairways, greens, or tees of a golf courseErrorl Bookmark not defined..
6. COMMERCIAL VEHICLE WASH FACILITY means a permanently -located business that washes
vehicles or other mobile equipment with water or water -based products, including but not
limited to self-service car washes, full service car washes, roll-over/in-bay style car washes, and
facilities managing vehicle fleets or vehicle inventoryError! Bookmark not defined..
7. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in
northern and central regions of the U.S. Cool season grasses include perennial and annual rye
grass, Kentucky blue grass and fescues".
8. CUSTOMERS include those entities to whom GTUA provides water on a customer basis that are
not members of GTUA.
9. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is
permitted to irrigate outdoorsErrorl Bookmark not defined..
10. DRIP IRRIGATION is a type of micro -irrigation system that operates at low pressure and delivers
water in slow, small drips to individual plants or groups of plants through a network of plastic
conduits and emitters; also called trickle irrigation. iii
11. DROUGHT, for the purposes of this report, means an extended period of time when an area
receives insufficient amounts of rainfall to replenish the water supply, causing water supply
sources to be depleted v.
ii Definition developed by Freese and Nichols, Inc.
"' Amy Vickers: Handbook of Water Use and Conservation, Amherst Massachusetts, June 2002
Freese and Nichols, Inc.: Water Conservation and Drought Contingency and Water Emergency Response Plan, prepared for
North Texas Municipal Water District, Fort Worth, March 2008.
2-2
12. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant
material to evaporation and transpiration. The amount of ET can be estimated based on the
temperature, wind, and relative humty"
13. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times
based on weather (ET) data. These controllers are designed to replace the amount of water lost
to evapotranspiration".
14. FOUNDATION WATERING means an application of water to the soils directly abutting the
foundation of a building structureError! Bookmark not defined..
15. IRRIGATION SYSTEM means acustom-made, site -specific system of delivering water generally
for landscape irrigation via a system of pipes or other conduits installed below groundError!
Bookmark not defined..
16. MEMBER CITIES include the cities of Anna, Howe and Van Alstyne Texas.
17. NEW LANDSCAPE means vegetation: installed at the time of the construction of a residential or
commercial facility; installed as part of a governmental entity's capital improvement project; or
installed to stabilize an area disturbed by construction Errorl Bookmark not defined.. It does
not include hydro -mulch, turf grass plugs, or broadcast turf grass seed applied or installed at the
time of construction of a residential or commercial facility.
18. ORNAMENTAL FOUNTAIN means an artificially created structure (up to six feet in diameter)
from which a jet, stream, valves and emission devices or flow of water emanates and is not
typically utilized for the preservation of aquatic IifeError! Bookmark not defined..
19. PRESIDENT means the President of the Greater Texoma Utility Authority Board of Directors"
20. RAIN/FREEZE SENSOR means a device designed to stop the flow of water to an automatic
irrigation system when rainfall orfreeze event has been detected'.
21. SOAKER HOSE means a perforated or permeable garden -type hose or pipe that is laid above
ground that provides gation at a slow and constant rateError! Bookmark not defined..
22. SPRINKLER means an above -ground water distribution device that may be attached to a garden
hose'.
2-3
23. SWIMMING POOL means any structure, basin, chamber, or tank including hot tubs, containing
an artificial body of water for swimming, diving, or recreational bathing, and having a depth of
two (2) feet or more at any point'.
24. WATER RESOURCE EMERGENCY MANAGEMENT PLAN means a strategy or combination of
strategies for temporary supply management and demand management responses to
temporary and potentially recurring water supply shortages and other water supply
emergencies required by Texas Administrative Code Title 30, Chapter 288, Subchapter B. This is
sometimes called a drought contingency plan.
2-4
3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
The TCEQ rules governing development of drought contingency plans for public water suppliers are
contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, a
current copy of which is included in Appendix B. For the purpose of these rules, a drought contingency
plan is defined as "a strategy or combination of strategies for temporary supply and demand
management responses to temporary and potentially recurring water supply shortages and other water
supply emergencies."'
Minimum Requirements
TCEQ's minimum requirements for drought contingency plans are addressed in the following
subsections of this report:
• 288.20(a)(1)(A) —Provisions to Inform the Public and Provide Opportunity for Public Input —
Section 4.1
• 288.20(a)(1)(B) —Provisions for Continuing Public Education and Information —Section 4.2
• 288.20(a)(1)(C) —Coordination with the Regional Water Planning Group —Section 4.6
• 288.20(a)(1)(D) —Criteria for Initiation and Termination of Water Resource Management
Stages —Section 4.3
• 288.20(a)(1)(E) —Water Resource Management Stages —Section 4.3
• 288.20(a)(1)(F) —Specific, Quantified Targets for Water Use Reductions —Section 4.3
• 288.20(a)(1)(G) —Water Supply and Demand Management Measures for Each Stage —
Section 4.3
• 288.20(a)(1)(H) —Procedures for Initiation and Termination of Water Resource Management
Stages —Section 4.3
• 288.20(a)(1)(I) -Procedures for Granting Variances —Section 4.4
• 288.20(a)(1)(J) -Procedures for Enforcement of Mandatory Restrictions —Section 4.5
• 288.20(a)(3) —Consultation with Wholesale Supplier— Sections 1, 4.2, and 4.3
• 288.20(b) —Notification of Implementation of Mandatory Measures —Section 4.3
• 288.20(c) —Review and Update of Plan —Section 4.7
3-1
�Ayffav III " im 0 Nfb]LWJLVJ 01511111111 I'll 1 111111 U1 III 1111111k Uss OU well III lie" I I Ill I Alum U d NYVIO
4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT
The City has provided opportunity for public input in the development of this Water Resource
Emergency Management Plan by holding a public meeting and providing written notice to the public
concerning the proposed plan and public meeting.
The City will inform and educate the public about the Water Resource Emergency Management Plan by
the following means:
• Making the plan available to the public through the City's web site (if available).
• Including information about the Water Resource Emergency Management Plan on the City
web site.
• At any time that the Water Resource Emergency Management Plan is activated or the Water
Resource Emergency Management Plan changes, the City will notify local media of the
issues, the water resource management stage (if applicable), and the specific actions
required of the public. The information will also be publicized on the City's web site. Billing
inserts will also be used as appropriate.
4-1
4.2 INITIATION AND TERMINATION Ur WATER RESOURCE AND EMERGENCY
MANAGEMENT STAGES
Initiation of a Water Resource Management Stage
The City Manager may order the implementation of a water resource management stage when one or
more of the trigger conditions for that stage is met. The following actions will be taken when a water
resource management stage is initiated:
• The City Manager will notify the City Council of any order to implement water resource
management stages, including any action deemed necessary to implement the Water
Resource Emergency Management Plan stages.
• The public will be notified through local media and the City's web site as described in
Section 4.1.
• Wholesale customers and the GTUA will be notified by e-mail with afollow-up letter or fax
that provides details of the reasons for initiation of the water resource management stage.
• If any mandatory provisions of the Water Resource Emergency Management Plan are
activated, the City will notify the Executive Director of the TCEQ and the President of the
GTUA within 5 business days.
• If the City is regularly taking surface water provided by the GTUA, the Water Resource
Emergency Management Plan stages imposed by GTUA should be initiated by the City. If
the City is not regularly taking surface water provided by GTUA, the City is not obligated to
initiate the same Emergency Management Plan stages imposed by GTUA on its Member
Cities and Customers.
• For other trigger conditions internal to the City of Anna, the City Manager, may decide not
to order the implementation of a water resource management stage or water emergency
even though one or more of the trigger criteria for the stage are met. Factors which could
influence such a decision include, but are not limited to, the time of the year, weather
conditions, the anticipation of replenished water supplies, or the anticipation that additional
facilities will become available to meet needs.
4-2
Termination of a Water Resource IVlanagement Stage
The City Manager may order the termination of a water resource management stage when the
conditions for termination are met or at his discretion. The following actions will betaken when a water
resource management stage is terminated:
• The City Manager will notify the City Council of any order to terminate water resource
management stages.
• The public will be notified through local media and the City's web site as described in
Section 4.1.
• Wholesale customers and the GTUA will be notified by e-mail with afollow-up letter or fax.
• If any mandatory provisions of the Water Resource Emergency Management Plan that have
been activated are terminated, the City will notify the Executive Director of the TCEQ and
the President of the GTUA within 5 business days.
The City Manager may decide not to order the termination of a water resource management stage even
though the conditions for termination of the stage are met. Factors which could influence such a
decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of
potential changed conditions that warrant the continuation of the water resource management stage.
Water Resource Emergency Management Plan Stages and Measures
Stage 1
Initiation and Termination Conditions for Stake 1
• The GTUA has initiated Stage 1, which may be initiated due to one or more of the following:
o The GTUA President, with the concurrence of the GTUA Board of Directors, finds that
conditions warrant the declaration of Stage 1.
o NTMWD has initiated Stage 1.
o GTUA water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days
o GTUA water demand for all or part of the delivery system equals delivery capacity
because delivery capacity is inadequate.
o GTUA's supply source becomes contaminated.
4-3
o Supply source is interrupted or unavailable due to invasive species.
o GTUA's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• The City's water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days.
• The City's water demand for all or part of the delivery system equals delivery capacity
because delivery capacity is inadequate.
• The City's Water source becomes contaminated.
• The City's water supply system is unable to deliver adequate water due to the failure or
damage of major water system components.
• The City's water supply system is unable to deliver adequate water due to maintenance,
construction, or repair of major system components.
Stage 1 may terminate when GTUA terminates its Stage 1 condition or when the circumstances that
caused the initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1
The goal for water use reduction under Stage 1 is a five percent (5%) reduction in the amount of water
obtained by the City from GTUA from the previous annual payment period prior to drought restrictions.
If circumstances warrant or if required by GTUA, the Citv Manager can set a goal for greater or lesser
water use reduction. The City Manager may order the implementation of any or all of the actions listed
below, as deemed necessary to achieve the Goal for Use Reduction under Stage 1.
• Continue actions in the City's Water Conservation Plan.
• Notify wholesale customers of actions being taken and request them to implement similar
procedures.
• Initiate engineering studies to evaluate alternatives should conditions worsen.
• Further accelerate public education efforts on ways to reduce water use.
• Halt non -essential city government water use. (Examples include street cleaning, vehicle
washingI operation of ornamental fountains,
• Encourage water customers to wait until the current drought or emergency situation has
passed before establishing new landscaping.
• Encourage water customers to reduce the frequency of draining and refilling swimming
pools.
• Requires Notification to TCEQ — Limit landscape watering with Sprinklers or Irrigation
Systems at each service address to no more than two days per week on designated days
between April 1 — October 31. Limit landscape watering with Sprinklers or Irrigation
Systems at each service address to once every week on designated days between November
1— March 31. The following exceptions may be authorized:
o New Landscape associated with new construction may be watered in as necessary for 30
days from the installation of new landscape features, provided such watering complies
with all other Landscape and Water Management Regulations.
o Foundations, landscape, trees and shrubs (within a ten foot radius of its trunk), and
planting beds (flowers, ornamental and garden plants, etc.) may be watered on any day
by a hand-held hose with shut off nozzle, a soaker hose, or a dedicated zone using a Drip
Irrigation system, provided no runoff occurs.
o An exemption from the designated outdoor water use days is allowed for registered and
properly functioning ET/Smart Controller Irrigation Systems, provided such use is limited
to no more than two days per week. ET/Smart Controller Irrigation Systems are subject
to the City's Landscape and Water Management regulations and all other restrictions
applicable under this stage.
o Public athletic fields used for competition may be watered twice per week.
o Golf course greens and tee boxes may be hand watered as needed.
o Locations using alternative sources of water supply only for irrigation may irrigate
without day of the week restrictions provided proper signage is employed. However,
irrigation using alternative sources of supply is subject to all other restrictions applicable
to this stage. If the alternative supply source is a private water well, proof of well
registration with the North Texas Groundwater Conservation District is required. Other
alternative sources of water supply may not include imported treated water.
• Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City
Council) for all water use over a certain level.
4-5
Measures described as "requires notification to TCEQ" impose mandatory requirements on water
customers. The City will notify TCEQ and GTUA within five business days if the mandatory measures are
implemented.
Stage 2
Initiation and Termination Conditions for Stage 2
• The GTUA has initiated Stage 2, which may be initiated due to one or more of the following:
o The GTUA President, with the concurrence of the GTUA Board of Directors, finds that
conditions warrant the declaration of Stage 2.
o NTMWD has initiated Stage 2.
o GTUA water demand exceeds 98 percent of the amount that can be delivered to
customers for three consecutive days.
o GTUA water demand for all or part of the delivery system exceeds delivery capacity
because delivery capacity is inadequate.
o GTUA's supply source becomes contaminated.
o GTUA's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• The City's water demand exceeds 98 percent of the amount that can be delivered to
customers for three consecutive days.
• The City's water demand for all or part of the delivery system exceeds delivery capacity
because delivery capacity is inadequate.
• The City's water supply source becomes contaminated.
• The City's water supply system is unable to deliver adequate water due to the failure or
damage of major water system components.
• The City's water supply system is unable to deliver adequate water due to maintenance,
constructionI or repair of major system components.
Stage 2 may terminate when GTUA terminates its Stage 2 condition or when the circumstances that
caused the initiation of Stage 2 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 2
4-6
The goal for water use reduction under Stage 2 is a reduction of ten percent (1076) in the amount of
water obtained by the City from GTUA from the previous annual payment period prior to drought
restrictions. If circumstances warrant or if required by GTUA, the City Manager can set a goal for
greater or lesser water use reduction. The City Manager may order the implementation of any or all of
the actions listed below, as deemed necessary to achieve the Goal for Use Reduction under Stage 2.
• Continue or initiate any actions available under Stage 1.
• Notify wholesale customers of actions being taken and request them to implement similar
procedures.
• Implement viable alternative water supply strategies.
• Encourage all water customers to reduce the frequency of draining and refilling swimming
pools.
• Requires Notification to TCEQ —Limit landscape watering with Sprinklers or Irrigation
Systems at each service address to once per week on designated days between April 1 —
October 31. Limit landscape watering with Sprinklers or Irrigation Systems at each service
address to once every other week on designated days between November 1 — March 31.
The following exceptions may be authorized:
o New Landscape associated with new construction maybe watered in as necessary for 30
days from the installation of new landscape features, provided such watering complies
with all other Landscape and Water Management Regulations.
o Foundations, trees and shrubs (within a ten foot radius of the trunk), and planting beds
(flowers, ornamental and garden plants, etc.) may be watered for up to two hours on
any day by a hand-held hose with shut off nozzle, a soaker hose, or a dedicated zone
using a Drip Irrigation system, provided no runoff occurs. (does not include watering
lawns or turf grass)
o An exemption from the designated outdoor water use days is allowed for registered and
properly functioning ET/Smart Controller Irrigation Systems, provided such use is limited
to no more than one day per week. ET/Smart Controller Irrigation Systems are subject
to the City's Landscape and Water Management regulations and all other restrictions
applicable under this stage.
o Public athletic fields used for competition may be watered twice per week.
4-7
o Golf course greens and tee boxes may be hand watered as needed.
o Locations using alternative sources of water supply only for irrigation may irrigate
without day of the week restrictions provided proper signage is employed. However,
irrigation using alternative sources of supply is subject to all other restrictions applicable
to this stage. If the alternative supply source is a private water well, proof of well
registration with the North Texas Groundwater Conservation District is required. Other
alternative sources of water supply may not include imported treated water.
• Requires Notification to TCEQ— Prohibit hydro seeding, hydro mulching, and sprigging.
Requires Notifications to TCEQ —Prohibit over -seeding, sodding, sprigging, broadcast or
plugging with Cool Season Grasses with the exception of public athletic fields or golf
courses. Prohibit watering of Cool Season Grasses with the exception of public athletic
fields or golf courses.
• Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City
Council) as requested by GTUA.
• Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City
Council) for all water use over a certain level.
• Requires Notification to TCEQ — If GTUA has imposed a reduction in water available to the
City of Anna, impose the same percent reduction on wholesale customers.
Measures described as "requires notification to TCEQ" impose mandatory requirements on water
customers. The City will notify TCEQ and GTUA within five business days if the mandatory measures are
implemented.
Stage 3
Initiation and Termination Conditions for Stake 3
• The GTUA has initiated Stage 3, which may be initiated due to one or more of the following:
o The GTUA President, with the concurrence of the GTUA Board of Directors, finds that
conditions warrant the declaration of Stage 3.
o NTMWD has initiated Stage 3.
o GTUA water demand exceeds the amount that can be delivered to customers.
o GTUA water demand for all or part of the delivery system seriously exceeds delivery
capacity because the delivery capacity is inadequate.
o GTUA's supply source becomes contaminated.
o GTUA's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• The City's water demand exceeds the amount that can be delivered to customers.
• The City's water demand for all or part of the delivery system seriously exceeds delivery
capacity because the delivery capacity is inadequate.
• The City's water supply source becomes contaminated.
• The City's water supply system is unable to deliver adequate water due to the failure or
damage of major water system components.
• The City's water supply system is unable to deliver adequate water due to maintenance,
construction, or repair of major system components.
Stage 3 may terminate when GTUA terminates its Stage 3 condition or when the circumstances that
caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3
The goal for water use reduction under Stage 3 is a reduction of whatever amount is necessary in the
amount of water obtained by the City from GTUA from the previous annual payment period prior to
drought restrictions. If circumstances warrant or if required by GTUA, the City Manager can set a goal
for greater or lesser water use reduction. The City Manager may order the implementation of any or all
A the actions listed below, as deemed necessary to achieve the Goal for Use Reduction under Stage 3.
• Continue or initiate any actions available under Stages 1, and 2.
• Notify wholesale customers of actions being taken and request them to implement similar
procedures.
• Implement viable alternative water supply strategies.
• Requires Notification to TCEQ —Initiate mandatory water use restrictions as follows:
o Prohibit hosing and washing of paved areas, buildings, structures, windows or other
surfaces except by variance and performed by a professional service using high
efficiency equipment.
4-9
o Prohibit operation of ornamental fountains or ponds that use potable water.
• Requires Notification to TCEQ —Prohibit installation of new landscape plants. This includes
new construction locations and new landscape plantings on existing developed properties.
• Requires Notification to TCEQ —Prohibit the use of potable water for the irrigation of New
Landscaping.
• Requires Notification to TCEQ —Prohibit all outdoor landscape watering. The following
exceptions may be authorized:
o Foundations and trees (within a ten foot radius of the trunk) may be watered for up to
two hours on one designated day per week by a hand-held hose with shut off nozzle, a
soaker hose, or a dedicated zone using a Drip Irrigation system, provided no runoff
occurs.
o Public athletic fields used for competition may be watered up to twice per week with
approval of a variance.
o Golf course greens and tee boxes may be hand watered as needed.
o Locations using alternative sources of non -potable water supply only for irrigation may
irrigate outdoor landscape provided proper signage is employed. However, irrigation
using alternative sources of supply is subject to all other restrictions applicable to this
stage. If the alternative supply source is a private water well, proof of well registration
with the North Texas Groundwater Conservation District is required. Other alternative
sources of water supply may not include imported treated water.
• Requires Notification to TCEQ —Prohibit washing of vehicles except at commercial vehicle
wash facilities.
• Requires Notification to TCEQ —Prohibit permitting of new swimming pools, wading pools,
Jacuzzi and hot tubs.
• Requires Notification to TCEQ —Prohibit the filling, draining and refilling of existing
swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity,
proper operation and maintenance or to alleviate a public safety risk. Existing pools may
add water to replace losses from normal use and evaporation.
• Requires Notification to TCEQ — Prohibit the operation of all spray ground or splash pad
water recreation features that do not treat and recirculate water. Public splash pads that
recirculate water are not restricted unless further reductions become necessary.
• Requires Notification to TCEQ —Require all commercial water users to reduce water use by
a percentage established by the City Manager.
• Requires Notification to TCEQ — If GTUA has imposed a reduction in water available to the
City of Anna, impose the same percent reduction on wholesale customers.
• Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City
Council) as requested by GTUA.
• Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City
Council) for all water use over a certain level.
Measures described as "requires notification to TCEQ" impose mandatory requirements on water
customers. The City will notify TCEQ and GTUA within five business days if the mandatory measures are
implemented.
4.3 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN
(a) The City Manager or his designee may, in special cases, grant variances from the mandatory
requirements for water use reduction outlined in Section 4.2 of this Water Resource Emergency
Management Plan to persons demonstrating extreme hardship and need. Variances may be granted
under the following circumstances and conditions.
1. the applicant must sign a compliance agreement on forms provided by the City, and approved
by the City Attorney, agreeing to irrigate, or otherwise use water only in the amount and
manner permitted by the variance; and
2. the granting of a variance must not cause an immediate significant reduction in the City's water
supply; and
3. the extreme hardship or need requiring the variance must relate to the health, safety, or
welfare of the person requesting it; and
4. the health, safety, and welfare of other persons must not be adversely affected by granting the
variance.
(b) The City Manager or his designee may revoke a variance granted when he or she determines that:
1. the conditions that warranted granting the variance are no longer applicable;
2. the terms of the compliance agreement are being violated; or
3. the health, safety, or welfare of other persons requires revocation.
4.4 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS
The City Manager or his official designee is authorized to order the implementation, termination and
enforcement of the Water Resource and Emergency Management Stages consistent with Section 4.2 of
this Water Resource Emergency Management Plan. (see Appendix D for Ordinance adopting Water
Resource Emergency Management Plan)
L5 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND GTUA
Appendix C includes a copy of a letter sent to the Chair of the Region C Water Planning Group with this
Water Resource Emergency Management Plan. The City will also send the final ordinance(s) or other
regulations) to GTUA.
4.6 REVIEW AND UPDATE OF WATER RESOURCE EMERGENCY MANAGEMENT
PLAN
As required by TCEQ rules, Member Cities and Customers must review the Water Resource Emergency
Management Plan every five years. The plan will be updated as appropriate based on new or updated
information.
'' ��
LIST OF REFERENCES
APPENDIX A
LIST OF REFERENCES
1. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rules 288.20 and
288.22, downloaded from
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=4&ti=30&pt=1&ch=288,
June 2013
2. Model Water Conservation Plan for GTUA Members Cities and Customers, April 2014
3. Freese and Nichols, Inc.: Water Conservation Plan, prepared for North Texas Municipal Water
District, Fort Worth, February 2014.
4. Texas Water Development Board, Texas Commission on Environmental Quality, Water
Conservation Advisory Council. "Guidance and Methodology for Water Conservation
Reporting.", December 2012.
5. Freese and Nichols, Inc., Alan Plummer and Associates, CP &Y Inc., Cooksey Communications,
2011 Region C Water Plan"
A-2
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT
CONTINGENCY PLANS FOR MUNICIPAL USES BY PUBLIC WATER SUPPLIERS
Texas Commission on Environmental Quality Rules on
Drought Contingency Plans for Municipal Uses by Public
Water Suppliers
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART i TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY
PLANS, GUIDELINES AND REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE §288.20 Drought Contingency Plans for Municipal Uses by Public Water
Suppliers
(a) A drought contingency plan for a retail public water supplier, where applicable, must include the following
minimum elements.
(1) Minimum requirements. Drought contingency plans must include the following minimum elements.
(A) Preparation of the plan shall include provisions to actively inform the public and affirmatively provide
opportunity for public input. Such acts may include, but are not limited to, having a public meeting at a time
and location convenient to the public and providing written notice to the public concerning the proposed plan
and meeting.
(B) Provisions shall be made for a program of continuing public education and information regarding the
drought contingency plan.
(C) The drought contingency plan must document coordination with the regional water planning groups for
the service area of the retail public water supplier to ensure consistency with the appropriate approved regional
water plans.
(D) The drought contingency plan must include a description of the information to be monitored by the
water supplier, and specific criteria for the initiation and termination of drought response stages, accompanied
by an explanation of the rationale or basis for such triggering criteria.
(E) The drought contingency plan must include drought or emergency response stages providing for the
implementation of measures in response to at least the following situations:
(1) reduction in available water supply up to a repeat of the drought of record;
(ii) water production or distribution system limitations;
(iii) supply source contamination; or
(iv) system outage due to the failure or damage of major water system components (e.g., pumps).
(F) The drought contingency plan must include specific, quantified targets for water use reductions to be
achieved during periods of water shortage and drought. The entity preparing the plan shall establish the targets.
The goals established by the entity under this subparagraph are not enforceable.
(G) The drought contingency plan must include the specific water supply or water demand management
measures to be implemented during each stage of the plan including, but not limited to, the following:
(i) curtailment of non -essential water uses; and
(ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior approval
of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a
non -municipal water supply, use of reclaimed water for non -potable purposes, etc.).
(H) The drought contingency plan must include the procedures to be followed for the initiation or
termination of each drought response stage, including procedures for notification of the public.
(I) The drought contingency plan must include procedures for granting variances to the plan.
(J) The drought contingency plan must include procedures for the enforcement of mandatory water use
restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service)
for violations of such restrictions.
(2) Privately -owned water utilities. Privately -owned water utilities shall prepare a drought contingency plan
in accordance with this section and incorporate such plan into their tariff.
(3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from
another water supplier shall consult with that supplier and shall include in the drought contingency plan
appropriate provisions for responding to reductions in that water supply.
(b) A wholesale or retail water supplier shall notify the executive director within five business days of the
implementation of any mandatory provisions of the drought contingency plan.
(c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at
least every five years, based on new or updated information, such as the adoption or revision of the regional
water plan.
Source Note: The provisions of this §288.20 adopted to be effective February 21, 1999, 24 TexReg 949;
amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg
9384
APPENDIX C
LETTER TO REGION C WATER PLANNING GROUP
,��
APPENDIX C
Letter to Region C Water Planning Group
. Jody Puckett
Region C Water Planning Group
1500 Marina St., Rm 4AN
Texas 75201
City of Ant1a W�rter Resoan•ce Emergency Manageme�rt Pla�z
Mr. Puckett:
please find a copy of the Water Resource Emergency Management Plan for
of the City of Anna. I am submitting a copy of this plan to the Region C Water
Tanning Group in accordance with the Texas Water Development Board and Texas
fission on Environmental Quality rules.
ly,
oseph Johnson, CPM
of Public Works
CITY OF ANNA, TEXAS
111 N. POWELL PKWY,
P.O. BOX 776
ANNA,TEXAS 75409-0776
PHONE 972-924-3325
FAX 972.924,2620
4VWW.ANNATEXAS.GOV
CITY OF ANNA, TEXAS
ORDINANCE NO,
AN ORDINANCE BY THE CITY OF ANNA, TEXAS, REPEALING ORDINANCE NO.
4394009 AND ADOPTING A WATER RESOURCE EMGERGENCY MANAGEMENT
PLAN FOR THE CITY OF ANNA; PROVIDING FOR PENALTIES AND OR THE
DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF AND EFFECTIVE DATE
WHEREAS, the City of Anna, Texas, ("City") recognizes that the amount of water
available to its water customers is limited; and
WHEREAS, the City recognizes that due to natural limitations, drought conditions,
system failures, and other acts of God that may occur, the City cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality ("TCEQ") require that the City adopt a Water Resource
Emergency Management Plan; and
WHEREAS, the City has determined in the best interest of the public to adopt a Water
Resource Emergency Management Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is
authorized to adopt such policies necessary to preserve and conserve its water
resources; and
WHEREAS, the City Council of the City desires to adopt a Water Resource Emergency
Management Plan as official City policy, as described more speccally in this
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are hereby found and determined to be true and correct and are
incorporated herein by reference for all purposes.
Section 2. Adoption of Water Resource Emergency Management Plan
The City Council hereby approves and adopts the Water Resource Emergency
Management Plan (the "Plan"), attached hereto as Appendix 1, as if recited verbatim
herein.
Section 3. Penalty
Any person, firm, corporation or business entity violating the mandatory water use
restrictions authorized under Section 4.2 the Water Resource Emergency Management
Plan (Appendix 1) shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined any sum not exceeding $2,000 and/or discontinuance of water
service by the City. Proof of a culpable mental state is not required for a conviction of an
offense under this ordinance. Each continuing day's violation shall constitute a separate
offense. The penal provisions imposed under this section shall not preclude the City of
Anna from filing suit to enjoin the violation. The City of Anna retains all legal rights and
remedies available to it pursuant to local, state and federal law
Section 4. Notice of Meeting
The City Council does hereby find and declare that sufficient written notice of the date,
hour, place and subject of the meeting adopting this ordinance was posted at a
designated place convenient to the public for the time required by law preceding the
meeting, that such place of posting was readily accessible at all times to the general
public, and that all of the foregoing was done as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered .
and formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the posting thereof
Section 5. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance are
severable and, if any phrases, sentences, paragraphs, subdivisions, clauses, phrases,
or provisions of this ordinance 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 words, sentences, paragraphs, subdivisions, clauses, phrases, or
provisions of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions.
Section 6. Directive to City Manager
The City Manager or his designee is hereby directed to file a copy of the Plan and this
ordinance with the TCEQ in accordance with Title 30, Chapter 288 of the Texas
Administrative Code.
Section 7. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and publication of
the caption as prescribed by law. The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this ordinance as an alternative
method of publication provided by law.
Section 8. Repeal of Ordinance 439-2009
Ordinance 439-2009 adopted on April 14, 2009, is hereby repealed, as are other
ordinances directly in conflict with this ordinance, to the extent of such conflict.
PASSED by the City Council of the City of Anna, Texas this 10th day of February 2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
Resolution supporting a new application to the Texas Department of Agriculture for
Texas Community Development Block Grant (TxCDBG) funding to be used for the
construction of sewer improvements,
SUMMARY:
The City is compiling an application to the Texas Community Development Block Grant
Program funded through the Texas Department of Agriculture. In the NCTCOG region,
this program typically awards grant funds to critical infrastructure projects, primarily
water and sewer. Application intake is on a biennial basis and is due on February 27th
this year. The proposed project includes approximately 800 linear feet of sanitary sewer
replacement along with the rehabilitation of 16 manholes. The sanitary sewer
replacement is located north of FM 455 between Interurban St. and Riggins St. The
manhole rehabilitation is generally located in the southern portion of the City, being
west of Riggins St. and south of FM 455. A project location map is attached. The
projects selected for this application were chosen due to the age, material and condition
of the existing sanitary sewer lines and manholes. The City observes significant inflow &
infiltration from these areas of the City which is being conveyed to the wastewater
treatment plant, Public Works staff has identified these projects as a high priority,
The maximum grant funds for the NCTCOG region is $275,000. The City will request the
full $275,000 while committing to a 21% ($571922.38) local match. Local match is a
significant scoring criteria, in addition to other items like poverty rate, per capita income
and unemployment rate. The total estimated project costs are $332,922,38. The CDBG
application process requires that the City Council express its desire to submit an
application, identify the grant and local match amounts and authorize a signatory for
the application and grant should it be awarded in the form of two resolutions.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution authorizing an application to the Texas
Department of Agriculture for TxCDBG funding to be used for the construction of sewer
improvements.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE SUBMISSION OF
A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO
THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT
FUND; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE
OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO
THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to
develop a viable urban community, including decent housing and a suitable living
nvironment and expanding economi
ec opportunities, principally for persons of low -to -
moderate income; and,
WHEREAS, certain conditions exist which represent a threat to the public health and safety;
and,
WHEREAS, it is necessary for and in the best interests of the City of Anna, Texas (the "City")
and its citizens for the City to apply for funding under the Texas Community Development
Block Grant Program ("TxCDBG");
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
1. That a TxCDBG application for the Community Development Fund is hereby
authorized to be filed on behalf of the City with the Texas Department of Agriculture;
2. That the City's application be placed in competition for funding under the Community
Development Fund;
3. That the application be for $275,000 in grant funds to carry out proposed sewer
system improvements; and
4. That the City Council directs and designates the City Manager as the City's. Chief
Executive Officer and Authorized Representative to act in all matters in connection
with the TxCDBG application and the City's participation in the TxCDBG.
5. That it further be stated that the City is committing $57,922.38 as a matching
contribution to be composed of general and/or sewer revenue funds toward
engineering and administrative activities relating to this sewer system improvements
project.
City of Anna, Texas Resolution No. Page 1 of 2
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the loth day of
February, 2015,
APPROVED:
Mike Crist
Mayor
ATTEST:
Natha Wilkison
City Secretary
City of Anna, Texas Resolution No. Page 2 of 2
CITY OF AN NA, TEXAS
Item No. I
City Secretary's use only
City COunal Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
Resolution committing matching funds as part of a new application to the Texas
Department of Agriculture for Texas Community Development Block Grant (TxCDBG)
funding to be used for the construction of sewer improvements.
SUMMARY:
The City is compiling an application to the Texas Community Development Block Grant
Program funded through the Texas Department of Agriculture. In the NCTCOG region,
this program typically awards grant funds to critical infrastructure projects, primarily
water and sewer. Application intake is on a biennial basis and is due on February 27tn
this year. The proposed project includes approximately 800 linear feet of sanitary sewer
replacement along with the rehabilitation of 16 manholes. The sanitary sewer
replacement is located north of FM 455 between Interurban St. and Riggins St. The
manhole rehabilitation is generally located in the southern portion of the City, being
west of Riggins St. and south of FM 455. A project location map is attached. The
projects selected for this application were chosen due to the age, material and condition
of the existing sanitary sewer lines and manholes. The City observes significant inflow &
infiltration from these areas of the City which is being conveyed to the wastewater
treatment plant. Public Works staff has identified these projects as a high priority.
The maximum grant funds for the NCTCOG region is $275,000. The City will request the
full amount of $275,000 while committing to a 21% ($57,922.38) local match. Local
match is a significant scoring criteria, in addition to other items like poverty rate, per
capita income and unemployment rate. The total estimated project costs are
$332,922.38. The CDBG application process requires that the City Council express its
desire to submit an application, identify the grant and local match amounts and
authorize a signatory for the application and grant should it be awarded in the form of
two resolutions.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution committing matching funds in support of
an application to the Texas Department of Agriculture for TxCDBG funding to be used
for the construction of sewer improvements.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, COMMITTING MATCHING FUNDS IN
SUPPORT OF ACTIVITIES ASSOCIATED WITH THE 2015/2016 SEWER SYSTEM
IMPROVEMENTS PROPOSED IN AN APPLICATION TO THE TEXAS DEPARTMENT OF
AGRICULTURE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, the City Council of the City of Anna, Texas (the y Council") has approved the
submission of an application to the Texas Department of Agriculture for funding under the
2015/2016 Texas Community Development Block Grant Program ("TxCDBG"); and,
WHEREAS, certain conditions of that application require a commitment of local support for
the referenced project in said application;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
1. The City of Anna, Texas (the "City") commit to expending not less than the equivalent
of $57,922.38 as a matching contribution toward engineering and administrative
activities relating to sewer system improvements described in the City's TxCDBG
application;
2. The matching contribution is to be composed of general and/or water and sewer
revenue funds; and
3. The above -referenced resources for the City's matching contribution will be used to
assist in the completion of all related activities involved in the sewer system
improvement activities described in the 2015/2016 TxCDBG application.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 10th day of
February, 2015.
APPROVED:
Mike Crist
Mayor
ATTEST:
Natha Wilkison
City Secretary
City of Anna, Texas Resolution No. Page 1 of 1
E.F YVA ih :, 4800
If Sewer Line
Replacement �lulll �I11
-r
=yoil:
16 Manhole
• -� Fe
I Wn
IF
ott
CAI A*,.
WF. PA
oil
Ato
FAA A
J • �
T'•
%..
,}
.M"
r<Ti NOW
L.•
r\ 1
4 t
.-
jr
- - a,.r o7E.,r� .3
a
�i �..-fit
A ._ 7
!.i C.
A.
j
I
f
__ j CAI
CITY OF ANNA, TEXAS
Item No. I I
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
02/10/15
Maurice Schwanke
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute a land Purchase and Sale Agreement with The Luscombe Family
Trust.
SUMMARY: The City of Anna has received a grant from the Collin County Parks and
Open Space Grant to purchase trail land. It is anticipated that this land will become part
of the Slayter Creek Hike & Bike Trail systems. The current owners of the property "The
Luscombe Family Trust" have agreed to the sale of a 1.98 tract for $24,000. Funds for
this purchase are available from the Collin County Open Space Grant program.
STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution
authorizing the land purchase.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PURCHASE AND SALE AGREEMENT
WITH THE LUSCOMBE FAMILY TRUST FOR THE PURCHASE OF LAND SOUTH OF WEST FOSTER
CROSSING ROAD.
WHEREAS, the City of Anna, Received a Grant from the Collin County Parks and Open Space Project
Funding Assistance Program, and
WHEREAS, the City of Anna, Texas (the "City") has negotiated an agreement for the purchase of a
1.98 acre tract of land located south of Foster Crossing Road (the Property), and;
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that the purchase of
the Property will benefit the City and is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Land Purchase and Sale Agreement.
The City Council hereby approves the Purchase and Sale Agreement attached hereto as Exhibit 1,
subject to the final approval by the City Attorneys and authorizes, ratifies and approves the City
Manager's execution of same. The City Manager is hereby authorized to execute all documents and
to take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 10th day of
February, 2015.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
This Purchase and Sale Agreement (this "Agreement") is entered into as of the date set forth
below between The Luscombe Family Trust (referenced herein as "Seller"), and the City of
Anna, Texas (referenced herein as "Purchaser").
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
Section 1. Sale and Purchase.
On and subject to the terms and conditions set forth in this Agreement, Seller agrees to sell and
convey to Purchaser, and Purchaser agrees to purchase and accept from Seller, for the
Purchase Price (defined below) that certain tract of land described in the attached Exhibit A,
said conveyance to vest in Purchaser good, marketable, and indefeasible title in fee simple to
said tract of land described in Exhibit A, together with all rights, title and appurtenances. Said
tract of land described in Exhibit A, together with all rights and appurtenances, is referred to as
the "Property."
Section 2. Purchase Price.
The purchase price ("Purchase Price") to be paid by Purchaser to Seller for the Property will be
in the amount of $24,000.00. The Purchase Price will be payable at the Closing (defined below)
as follows: $24,000.00 will be paid at Closing in cash or by check as specified in Section 5(b)(2).
Section 3. Title and Survey.
(a) Within 20 days after the Effective Date (defined below), Seller, at Purchaser's expense,
will deliver or cause to be delivered to Purchaser the following:
(1) Commitment for title insurance ("Title Commitment") from Red River Title (ompany,
805 W. White Street, Suite 3001 Anna, Texas 750691 telephone number (972) 924-
8777 ("Title Company"), setting forth the status of the title of the Property and showing
all liens, claims, encumbrances, reservations, restrictions, outstanding mineral
interests, UCC filings, and other matters, if any, relating to the Property; and
(2) A true, complete, and legible copy of all documents referred to in the Title
Commitment, including without limitation UCC filings, plats, deeds, zoning ordinances,
restrictions, and easements.
(b) Within 20 days after the Effective Date, Purchaser, at Purchaser expense, will obtain a
survey ("Survey") consisting of a plat and field notes, prepared by a licensed surveyor
and Purchaser shall deliver the Survey to the Title Company, which Survey will:
(1) reflect the actual dimensions of the Property, the net area of the Property (to the
nearest square foot), the location of any easements, rights -of --way, setback lines,
encroachments, or overlaps and the outside boundary lines of any improvements;
identify by recording reference any easements, setback lines, or other matters referred
to in the Title Commitment;
PURCHASE AND SALE AGREEMENT PAGE 1 OF 9
(2) include the surveyor's registered number and seal, the date of the Survey, and a
certificate satisfactory to Purchaser;
(3) reflect that the Property has access to and from a publicly dedicated street, road, or
highway;
(4) be sufficient to cause the Title Company to delete, except for "shortages in area," the
printed exception for "discrepancies, conflicts or shortages in area or boundary lines, or
encroachments, or any overlapping of improvements" in the Owner's Title Policy to be
delivered to Purchaser pursuant to Section 5(b)(1)(ii);
(5) reflect any area within the Property that has been designated by the Federal Insurance
Administration, the Army Corps of Engineers or any other governmental agency or
body as being subject to special or increased flooding hazards; and
(6) comply with the applicable requirements of the Texas Society of Professional
Surveyors as to the 2005 Minimum Standard Detail Requirements for ALTA/ACSM
Land Title Surveys as adopted by American Land Title Association and National
Society of Professional Surveyors, as amended. For purposes of the Property
description to be included in the general warranty deed to be delivered pursuant to
Section 5(b)(i), the field notes prepared by the surveyor will control any conflicts or
inconsistencies with Exhibit A and such field notes will be incorporated in this
Agreement by this reference on their completion.
(c) Purchaser will have 10 days from the receipt of all of the information referred to in
Sections 3(a) and (b) in which to examine and notify Seller of those items, which
Purchaser will accept title to the Property to (the "Permitted Encumbrances") and those
matters which Purchaser finds objectionable (the "Encumbrances"); if such notice is not
given it will be deemed that all matters reflected by the Title Commitment and Survey are
"Permitted Encumbrances." Seller, will use reasonable efforts to cure or remove all
encumbrances, give Purchaser notice, and deliver within 10 days of the date of
Purchaser's notice an amended Survey and Title Commitment reflecting the cure of such
matters. Seller will not be obligated to initiate litigation or spend any sums to cure or
remove any Encumbrance (other than any lien constituting an Encumbrance) affecting
the Property. Any liens affecting the Property will be considered "Encumbrances," and
Seller will cause the same to be fully released of record at or prior to the Closing.
(d) If Seller fails to timely cause all of the Encumbrances to be removed or cured, and timely
written notice to be given to Purchaser, Purchaser will have the following rights:
(1) Purchaser may unilaterally extend the date for Closing a reasonable time to afford
Seller additional time within which to cure such Encumbrances without prejudice to
Purchaser's rights under Sections 3(d)(2) or (3);
(2) Purchaser may terminate this Agreement by giving Seller written notice and neither
party will have any further rights, duties, or obligations under this Agreement; or
(3) Purchaser may elect to purchase the Property subject to the Encumbrances not so
removed or cured.
PURCHASE AND SALE AGREEMENT PAGE 2 OF 9
(e) Seller agrees not to enter into any agreement or instrument or take any action after the
Effective Date without the prior consent of Purchaser which would constitute or create an
Encumbrance or which would bind Purchaser or the Property after the Closing.
Section 4. Earnest Money.
Purchaser shall not be required to provide any earnest money under this Agreement.
Section 5. Closing.
(a) The closing ("Closing") of the sale of the Property by Seller to Purchaser will occur at
[time of closing] on [date of closing], in the offices of Title Company.
(b) At the Closing, the events set forth in this Section 5(b) will occur, it being understood that
the performance or tender of performance of all matters set forth in this Section 5(b) are
mutually concurrent conditions:
(1) Seller, at Purchaser's expense, will deliver or cause to be delivered to Purchaser:
i) If required by City Ordinances, a Final Plat, fully executed by Seller, and as
approved by Purchaser, depicting the Property and its parent tract subdivided as
separate tracts in accordance with applicable laws and ordinances.
ii) General Warranty Deed in form and substance reasonably satisfactory to
Purchaser, fully executed and acknowledged by Seller, conveying to Purchaser
the Property;
iii) Texas Form Owner Policy of Title Insurance ("Title Policy") issued by Title
Company in the amount of $ 24,000, naming Purchaser as the insured, subject
only to those matters to which the General Warranty Deed will be subject, and
the standard printed exceptions contained in the Title Policy; provided, however,
that the standard exception pertaining to discrepancies, conflicts, or shortages in
area will be deleted except for "shortages in area," such policy will have "None of
Record" endorsed regarding restrictions (except for restrictions that are Permitted
Encumbrances), there will be no exception for rights of parties in possession and
the standard exception for taxes will be limited to the year in which the Closing
occurs and subsequent assessments for prior years due to changes in land
usage or ownership;
iv) Certificate executed by Seller confirming that all warranties and representations
set forth in Section 11 of this Agreement are true and correct as of the date of
Closing;
v) Certificate that (A) confirms the Seller's United States taxpayer number and (B)
states that Seller is not a "foreign person" within the meaning of 26 U.S.C. §
1445 of the Internal Revenue Code of the United States of America of 1954, as
amended (the "Code"), and otherwise in complies with the regulations
promulgated under that Code section; and
PURCHASE AND SALE AGREEMENT PAGE 3 OF 9
vi) Physical possession of the Property free and clear of all tenancies of every kind
and parties in possession with all parts of the Property in substantially the same
condition as on the Effective Date.
(2) Purchaser, at its sole cost and expense, will deliver or cause to be delivered to Seller a
cashier's or certified check, or a check of the Title Company, payable to the order of
Seller in the amount equal to the Purchase Price.
(3) Ad valorem and similar taxes and assessments relating to the Property will be the
responsibility of Seller through the end of year 2014 and the responsibility of Buyer on
and after January 1, 2015. Seller will be responsible for and will indemnify Purchaser
against any and all costs and expenses (including, without limitation, attorney fees)
incurred by Purchaser as a result of taxes assessed against the Property for periods of
time before January 1, 2015. The provisions of this Section 5(b)(3) will survive the
Closing.
(4) Purchaser and Seller will, if requested, furnish satisfactory evidence of their authority to
execute the Closing documents and consummate the sale and purchase contemplated
in this Agreement, and will execute such other documents and take such other action
as may be reasonably necessary or appropriate to effect such consummation.
Section 6. Remedies.
(a) If Purchaser refuses to consummate the purchase of the Property pursuant to this
Agreement for any reason other than termination pursuant to a right granted Purchaser
to do so, then Seller, at its sole and exclusive remedy, may enforce specific performance
of the obligations of Purchaser.
(b) If Purchaser terminates this Agreement pursuant to a right granted Purchaser under this
Agreement, then neither party will have any further rights, duties, or obligations
hereunder.
(c) If Seller fails to perform any of its agreements or obligations under this Agreement, or
should any of Seller's representations and warranties made be not true and accurate,
Purchaser may:
(1) terminate this Agreement by notifying Seller;
(2) enforce specific performance of the obligations of Seller; and/or
(3) seek any other rights, recourses, or remedies available to Purchaser, all remedies
being cumulative.
Section 7. Notices.
Any notice provided or permitted to be given under this Agreement must be in writing and may
be served by depositing same in the United States mail, addressed to the party to be notified,
postage prepaid and registered or certified with return receipt requested or by facsimile. Notice
given in accordance with this section will be effective on receipt at the address of the
addressee. For purposes of notice, the addresses of the parties will be as follows:
PURCHASE AND 0ALE AGREEMENT PAGE 4 OF 9
If to Seller, to: The Luscome Family Trust
531 Pittman Street
Richardson, TX 75081
If to Purchaser, to: City Manager, City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Collin County, Texas
97M24-2620 Facsimile
Section 8. No Commissions.
Neither Seller nor Purchaser have engaged the services of a real estate broker or other person
that has or would have the right to any commission in any amount as relates to the
consummation of this Agreement, as relates to the Closing, or as relates to the Property. Seller
agrees to defend, indemnify, and hold harmless Purchaser, and Purchaser agrees to defend,
indemnify, and hold harmless Seller, from and against any claim by third parties for brokerage,
commission, finder's, or other fees relative to this Agreement or the sale of the Property, and
any court costs, attorney fees, or other costs or expenses arising from such claim, and alleged
to be due by authorization of the indemnifying party.
Section 9. Condition to Purchaser's Obligations.
Purchaser will have a period of 20 days from the Effective Date in which to go on the Property
and make inspections, environmental studies, surveys, test borings, and soil analysis, and in
which to conduct a feasibility study of the drainage, utilities availability, environmental conditions
and other matters to determine if the Property is suitable for Purchaser's proposed use or
development. If within such 20-day time period Purchaser does not notify Seller in writing if
Purchaser has found the Property unsuitable for Purchaser's use or development, then
Purchaser will be deemed to have waived the provisions of this Section 9 and Purchaser may
not thereafter terminate this Agreement for that reason. At any time prior to the end of such 20
Jay time period, however, Purchaser may notify Seller that Purchaser, in its sole discretion, has
determined that the Property is not suitable for its proposed development, in which event this
Agreement will terminate as provided for in Section 6(b). Purchaser's inspection of the Property
will not, in any event, extinguish, reduce, or otherwise affect the warranties and representations
made by Seller.
Section 10. Condemnation.
If prior to the Closing all or any part of the Property should be taken by eminent domain or
condemnation or should any notice be given that any entity with the power of eminent domain
desires to take all or any portion of the Property, Seller will immediately notify Purchaser in
writing. Purchaser will have five days from receipt of such notice in which to elect to either
terminate this Agreement or proceed to Closing. If within such five-day time period Purchaser
elects to terminate this Agreement, then the same will be terminated as provided for in Section
3(b). If Purchaser does not notify Seller that it wishes to terminate this Agreement within such
time period, then Closing will occur as otherwise provided, but Seller will assign to Purchaser at
Closing all of Seller's rights to any condemnation awards or other proceeds payable in respect
of the taking in question.
PURCHASE AND SALE AGREEMENT PAGE 5 OF 9
Section 11. Seller's Representations and Warranties.
Seller warrants and represents to Purchaser that:
(a) Seller now has and will have at Closing good, marketable, and indefeasible title, in fee
simple, to the Property, and no party, except as set forth in this Agreement, has any
rights in, or rights to acquire the Property;
(b) There are no (and on the date of Closing, there will not be any) actions, suits, or
proceedings pending, or, to the knowledge of Seller, threatened against Seller or the
Property which could materially adversely affect the Property;
(c) Seller has full right, power, and authority to execute, deliver, and perform this Agreement
without the necessity of obtaining any consents or approvals of, or the taking of any
other action with regard to any third parties (or if any such consents, approvals, or other
action are required, the same will be accomplished at or prior to the Closing), and this
Agreement, when executed and delivered by Seller and Purchaser, will constitute the
valid and binding agreement of Seller, enforceable against Seller in accordance with its
terms;
(d) Seller has no actual knowledge of any law, regulation, fact, or condition relative to the
Property which would materially adversely affect Purchaser's proposed use for
development for public park purposes;
(e) To the best of Seller's knowledge, the use of the Property for the development for public
park purposes will not violate any existing zoning ordinances or other public or private
land use restriction;
(f) To the best of Seller's knowledge, the Property has never been the site of any activity
which would violate any past or present laws of any federal, state, or local governmental
body or agency, including (without limitation) all environmental laws, and no hazardous
materials have ever been buried on or in the Property;
(g) The Property is not located within the boundaries of any municipal utility district, public
utility district, or other similar body politic;
(h) The Property has free uninterrupted access to and from a publicly dedicated street or
road;
(i) There is sufficient utility service available to the boundaries of the Property (including
without limitation, gas, electricity, water, sewer, and telephone service) for the
development on the Property for public park purposes;
Section 12. Survival.
All warranties, representations, and covenants made by Seller in this Agreement and in any
document, instrument, or certificate executed and delivered pursuant to this Agreement will
survive, and not be merged or extinguished by, the Closing or any investigation made by or on
behalf of either party.
PURCHASE AND SALE AGREEMENT PAGE 6 OF 9
Section 13. Foreign Person.
In the event that:
(a) Seller is a "foreign person" (as defined in 26 U.S.C. § 1445(f)(3) of the Code and its
regulations);
(b) Seller fails or refuses to deliver the non -foreign certificate required in Section 5(b)(1)(iv);
or
(c) Purchaser receives notice from any Seller -transferee's agent or Purchaser -transferee's
agent (each as defined in 26 U.S.C. § 1445(d) of the Code and its regulations) that, or
Purchaser has actual knowledge that, such certificate is false, and the transaction is not
otherwise exempted from the withholding requirements of Section 1445 of the Code and
its regulations, then Purchaser will be entitled to deduct and withhold from the Purchase
Price a tax equal to the highest amount required or permitted by Section 1445 of the
Code. In the event of any such withholding, Seller's obligations under this Agreement will
not be excused or otherwise affected, Purchaser will remit such amount to and file the
required form with the Internal Revenue Service, and Seller in the event of any claimed
over -withholding will be limited solely to an action against the Internal Revenue Service
for refund under the Code, and waives any right of action against Purchaser on account
of such withholding.
Section 14. Assigns.
This Agreement will inure to the benefit of and be binding on the parties and their respective
successors and assigns. Seller agrees that if Purchaser assigns its rights under this Agreement
to a party who fully assumes Purchaser's obligations and liabilities, Purchaser will be fully
released from all of its obligations and liabilities under this Agreement.
Section 15. Purchaser's Costs as Liens.
All sums paid by Purchaser on account of this Agreement, and the reasonable expenses of the
examination of the title to the Property and to the survey made in connection with it are made
liens on the Property. However, such liens will not continue after a default by Purchaser under
this Agreement. If Seller fails to convey title in accordance with the terms of this Agreement, the
sole liability of Seller will be to refund to Purchaser the amount paid on account of the Purchase
Price, including the Earnest Money, and to pay the net cost of examining the title, which cost will
not to exceed the charges fixed by the Title Company, and the net cost of any survey made in
connection with examining title incurred by Purchaser. On the making of such refund and
payment, this Agreement will be considered cancelled, and all the respective rights and
obligations under it will cease and become null and void.
Section 16. Exhibits.
All exhibits are fully incorporated in this Agreement by this reference for all purposes.
PURCHASE AND SALE AGREEMENT PAGE 7 OF 9
Section 11. Entire Agreement.
This Agreement sets forth all agreements between Seller and Purchaser relative to the
Property, and all prior negotiations or agreements are merged in this Agreement. No
modification of this Agreement or subsequent agreement relative to the subject matter of this
Agreement will be binding unless reduced to a writing signed by the party to be bound.
Section 18. Applicable Law.
This Agreement will in all respects be governed by, and construed in accordance with, the
substantive federal laws of the United States and the laws of the State of Texas.
Section 19. Headings.
The section and subsection headings appearing in this Agreement are for convenience of
reference only and are not intended, to any extent and for any purpose, to limit or define the text
of any section or subsection.
This Agreement may be amended or changed only by written document duly executed by Seller
and Purchaser, and any alleged amendment or change, which is not so documented will not be
effective as to either party. Provisions of this Agreement may be waived by the party, which is
entitled to the benefit by evidencing such waiver in writing, executed by such party.
Section 21. Expiration of Offer; Effective Date.
The offer represented by this Agreement will expire if not accepted by Seller, as hereafter
providedI on or before 5:00 p.m. on March 31, 2015. Seller will accept this Agreement by
executing a counterpart and delivering the same to Purchaser prior to the date and time stated
in this section. For all purposes, the "Effective Date" of this Agreement will be the date upon
which this Agreement has been executed by Seller, as indicated below, and delivered to the
Purchaser.
SIGNATURES ON FOLLOWING PAGE(S):
PURCHASE AND SALE AGREEMENT PAGE 8 OF 9
SELLER The Luscombe Family Trust
Date executed by Seller:
Johnnie Luscombe
State of Texas
County of Collin
Before me, on this day personally appeared Johnnie Luscombe, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this day of
PURCHASER (City of Anna, Texas)
By: Philip Sanders, City Manager
State of Texas
County of Collin
2015.
Notary —State of Texas
Date executed by Purchaser:
Before me, on this day personally appeared Philip Sanders, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes
and consideration therein expressed.
Given under my hand and seal of office this day of
2015.
Notary —State of Texas
PURCHASE AND SALE AGREEMENT PAGE 9 OF 9
DESCRIPTION 1.98 ACRE
CITY OF ANNA HIKE & BIKE TRAIL
SITUATED in Collin County, Texas, being a survey of part of the 158.95 acre
tract mentioned in a deed from Foster Crossing LTD. to Johnnie Carol Luscombe,
recorded as clerk's file no. 20110527000548820 of the Collin County deed records,
being described by metes and bounds as follows:
BEGINNING at a point in the center of Slayter Creek and in the south line of the
0.4821 acre tract recorded in volume 1674, page 141; same being in the south line of
Foster Crossing Road; a'/2-inch iron pin set at the southwest corner of said 0.4821 acre
tract bears South 88°47'52" West, 164.25 feet;
THENCE North 88°47'52" East, with the south line of said 0.4821 acre tract,
110.14 feet to a'/2-inch iron pin set;
THENCE South 32013'06" West, 430.34 feet to a 1/2-inch iron pin set;
THENCE South 55°00'28" West, 100.00 feet to a 1/24ch iron pin set;
THENCE South 12°04'39" West, 142.14 feet to a 1/24ch iron pin set;
THENCE South 09°54'33" East, 92.67 feet to a 1/24ch iron pin set;
THENCE South 19°26'46" West, 104.95 feet to a 1/24ch iron pin set in the north
line of the 15.00 acre tract recorded as clerk's file no. 20110527000548820;
THENCE North 89°16'38" West, with the north line of said 15.00 acre tract,
passing a concrete nail set at 244.09 feet and continuing in all, 314.09 feet to a point in
said Slayter Creek; a Y2-inch iron pin found in a south line of said 158.95 acre tract
bears South 66°4854" West, 190.32 feet;
THENCE northerly and generally with the center of said Slayter Creek as follows:
North 69°5624 East, 26.42 feet;
South 82'1527" East, 40.23 feet;
South 81 °52'17" East, 25.25 feet;
North 77°43'03" East, 54.44 feet;
North 59°52'48" East, 68.69 feet;
South 85017'16" East, 22.03 feet;
North 46°02'14" East, 24.25 feet;
North 06'1654" West, 39.24 feet;
North 63°50'47" West, 26.80 feet;
North 21 °23'51" West, 46.11 feet;
North 77°16'53" East, 57.60 feet;
North 53°00'45" East, 20.45 feet;
North 01 °31'08" West, 30.97 feet;
North 46°02'22" West, 25.53 feet;
South 78°37'27" West, 54.28 feet;
North 28°30'23" West, 34.71 feet;
North 03'02'15" West, 43.21 feet;
North 15°10'54" East, 25.35 feet;
Sheet 2 of 3
North 71 °3130 East, 28.43 feet;
North 56031'34" East, 95.46 feet;
North 61 °56'43" East, 48.08 feet;
North 73°42'34" East, 47.89 feet;
North 47036'02" East, 23.32 feet;
North 32°36'52" East, 61.69 feet;
North 06°02'50" East, 69.77 feet;
North 15030'30" East, 26.64 feet;
North 33°55'07" East, 26.80 feet;
North 64'16'42" East, 77.75 feet;
North 55053'06" East, 25.57 feet;
North 23030'00" East, 37.05 feet;
North 06051'55" West, 45.06 feet;
North 12°14'22" East, 19.35 feet to the PLACE OF BEGINNING and
containing 1.98 acre.
The above described tract of land was surveyed on the ground and under my
supervision.
Bearing base and controlling monuments: /2-inch iron pin found 25.11 feet offset a
southeast corner at the end of the 35th call and Y2-inch iron pin found 25.54 feet offset
an inside corner at the 58th call in the legal description of the 158.95 acre tract
mentioned in deed recorded in volume 5385, page 4912.
Office work completed August 21, 2014
Bruce Geer
Registered Professional Land Surveyor, No. 4117
1101 W. University Drive(U.S. Highway 380)
McKinney, Texas 75069
972-562-3959
972-542-5751 fax
A survey map accompanies this legal description.
Sheet 3 of 3
NUMBER
DIRECTI❑N
DISTANCE
Ll
N
88 47 52'
E
110,14
L2
S
32*131060
W
430,34'
L3
S
55*001280
W
WHO'
L4
S
12*041390
W
142,14'
L5
S
09.541330
E
92,67'
L6
S
19'26146'
W
10435'
L7
N
890161380
W
314,09'
L15
N
690561240
E
26,42'
L16
S
82.151270
E
40,23'
L17
S
810521170
E
25,25'
L16
N
770431030
E
54,44'
L19
N
59052'48'
E
68,69'
L20
S
85*171160
E
22,03'
L21
N
46002'14'
E
24,25'
L22
N
066161540
W
39,24'
L23
N
639501470
W
26,60'
L24
N
21*23151'
W
46,11'
L25
N
77016153'
E
57660'
L26
N
53000'45'
E
20,45'
L27
N
O1*311080
W
30.97'
L28
N
46°02'22'
W
25,53'
L29
S
78*371270
W
54,28'
L30
N
28*301230
W
34,71'
L31
N
03*02115'
W
43,21'
L32
N
15*10154'
E
25,35'
L33
N
71031130'
E
28.43'
L34
N
56431'34'
E
95,46'
L35
N
61*561430
E
48,08'
L36
N
73°42134'
E
47,89'
L37
N
47*36102'
E
23,32'
L38
N
32036152'
E
61069'
L39
N
06*021500
E
69,77'
L40
N
15*301300
E
26,64'
L41
N
33*551070
E
26,80'
L42
N
640161420
E
N
55*53'060
E
N
23*30'000
E
E77o751L43
N
06*51'550
W
N
12°14'22'
E
O 1/2' IR❑N PIN SET UNLESS
❑THERWISE NOTED
A LEGAL DESCRIPTI❑N
ACC❑MPANIES THIS MAP CAL
BRIDGE Foss
i
ti
SWC 0,4821 ACRE TRACT
CENTER ❑F
CREEK
CLERK'S FILE N0,
20101227001420450
GLOSS
1,98 ACRE I
W1
N
11 1 11
. 11
J'
0
p
tU
zOD
OD
W
d
_I�
j
o
0
C,
r
N
o
�
J
o
U
(U
VOLUME
5385
PAGE 4912
�C❑NCRETE NAIL SET
BRUCE LEER rs�`L 70,0'
REGISTERED PR❑FESSI❑NAL o�—
LAND SURVEYOR, NO, 4117 CITY OF ANNA
1101 W, UNIVERSITY DRIVE HIKE & BIKE TRAIL
MCKINNEY, TEXAS 75069 LUSC❑MBE TRACT
972-562-3959 cb 1,98 ACRE
972-542-5751—FAX WM, KITCHENS SURVEY
b�O ABSTRACT NO. 505
c, L.I/2.INCH C❑LLIN COUNTY
SHEET 1 OF 3 IR❑N PIN FOUND TEXAS
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. I2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10 2015
Maurice Schwanke
Yes
Public Hearing: For City Council to hear public comment regarding the proposed
rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"
— single family residential.
►��If'illi� ll�'�
This zoning submittal consists of approximately 368.2 total acres of land within the City
of Anna. The uses proposed for this Property follow the intent of the City of Anna
Comprehensive Plan. The proposal creates a master planned community featuring a
mixture of lot sizes that should encourage sustainable neighborhoods. The following
table summarizes the proposed lot sizes and densities:
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
273
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
1930
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
This PD will replace the existing small lot entitlements with the smallest lot being 8,400
square feet. Also proposed in this PD are integrated parks and open spaces which will
help to preserve areas designated within the 100-year floodplain. A fire station location
is being planned for incorporation into the development as well as an amenity center.
The Planning and Zoning recommended approval of the zoning request at their
September 8, 2014. The vote was unanimous.
A public hearing was opened and continued at the City Council,
STAFF RECOMMENDATION: Approve the attached Ordinance.
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
I. PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
1. The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
c. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
3. The Villages of Hurricane Creek PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creelc Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
II. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: Aline parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C4, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
3
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 1350,
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The_.Vllages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
E
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 (70' x 120'1:
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
8,400 square feet
7
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rocl<veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
0
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior:
Side Yard, Corner Lot,
Street Side:
Lot Width:
Lot Depth:
Masonry (Brick or rock veneer)
5 feet minimum
15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
80 feet minimum;
building line)
120 feet minimum
f
(measured at the ront
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-84 (90' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
An
Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parl<in� Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'1:
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
7c?
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior:
Side Yard, Corner Lot,
Street Side:
Lot Width:
5 feet minimum
15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO.3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
273
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
19.70
49
2.49
12.0%
TOTALI
163.7
1 654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.S
03%
AMENITY CENTER
2.0
05%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creel( Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creek Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
16
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages may be front facing or J Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-2012, adopted 1012312012)
V. DEVELOPMENT SCHEDULE
Date Total Lots
2016 250
2017 300
2018 375
2019 450
2020 550
2021 654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02048115"E, 1930.31 feet;
THENCE N 890521S511E, 465.63 feet;
THENCE N 89°15'3OWE: , 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89011100"E, 794.06 feet;
THENCE S 00010'57"W, 232.18 feet;
THENCE N 89056'12"E, 1184.36 feet;
THENCE S 01006'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°4202W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°05'44"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'S2",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet;
THENCE N 89044150"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
EXHIBIT "B"
CONCEPT PLAN
23
All:
1
It
e
E
O O G (> F ? -
b A - l• G
O � 1
N
e
E
O O G (> F ? -
b A - l• G
O � 1
N
N
�<S
a0 AC
ouzMc
z
I
i
op
i oDR
uo
m
z
aogwt18uu
.
€
wa
o
ON
wz�
a n
O
w
�d
fpm
�
�'oo
�w
5,
z
U
z
m
-
a2
i�i
ym,<
ZW
zd
p�wgw€i
m
O
oou 6
oUre
I U
U
E
m pro
0
300
00
W
i
N
z w
3
d' Q
ul
�
a w N 8 oza,$
r
Dwoz_i�o
C�
I W=
p
°
"o �025
xzv,
Z
~00
<S� H
y
y
w o
wwz�
I
&W on6Q
mSww
O
N z
O
ZS zm �� Hoeg zao
d
onzzwni
Z
V)
Q
0
Q
O
�
r
U
S[ H�
a
�
Lff
w
ME
}o8
�l�
a
2
z
S2 An1u4
e:
00J
i'ivsrr.«�
147LS �n
\
\!/
rN
CailamlYumaME
f
�`e
\kMM%N
4
-
\\\
eyaq
h;xfl
\ \ \l
It
�� \
s
e
Vyy
/ f
4
3°,
/
\ \t
Mal
m
w
MMM��
m
gg
}y
\
\
aye
Q
U
AC
z
A b°i 9}�
J
X
a
�
°o:
z
Q
` -
KO
UM
a
^,spa 8.+'
3
qd,�\
z
=1Ell
UY
<tro
w
Z
o z
f
�
t�Nz
3z
S m
n
R u
8tr_
y
k
b
b
@ 04
ro_
tr
VF
i 8
ggaME
S
is
ji,
il_END
tmTE
I'
€a
—
i
oil
�ii
Yi
to
Z
C
A;
fig;
o
4
n
7g
xg
sI
g^bI
yy
O
—
Aaai;{
,
a: sa Sa
sa
,a
%a
Ea
ga
j1
-a;
>
O
o
q
E
iy9+s�p
;
j FY j i a `8 S �8
3
?
s
: : x i- _ SA
s
at
as
, b
is
ns
b
s as
= tr ' a =
�3;
a
W
<>'a
P e t
�
t
At
C k P [' a
dap � � ? �� a €fl
a
a
�4
'
� �8p
a
s
E°
a4p �
'
ipe
a F
�S C
atr
{
iimilt
w
w
C
J
o
rWas
j
33 _
!
�a
a
-
ME
.7 g
6.
ig 9}
� %
t
:`
!g
a s i b a
8
ep
y:
MR FA
C(C tla: 5
5 y6°
f 3
i WE
Cai
epi ,
°
5
gga°i
5C
a
pME
c q s Ge
S
tl�..
6e.
5
S^
W
....:`�
R
R 7 R R R§; R R-i
E E C
R
R!i
R 'aY
R
R3.t R$
5
Rs.t R E
FCFa
o',
2
4
❑
�9+
e
BdG��
EESNFFg_'a��
4€4
i
f
�
H'eXRY
Q
C�
�i7{�8�73
Ponta
y
CITY OF ANNA, TEXAS
Item No. I
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
City Manager
AGENDA SUBJECT:
Public Hearing: For City Council to hear public comment regarding the creation of a
Public Improvement District for the Villages of Hurricane Creek.
SUMMARY:
The City received a petition signed by the owners of an undeveloped tract commonly
referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally
located in the city limits north of FM 455, west of Interstate Highway 75, and east of
Anna's western city limits (the "Property"). The Petition requests that the City create a
public improvement district ("PID") over the Property. At its August 28, 2014 special
meeting the Council set a public hearing on the advisability of creating the PID.
A PID is a district that can be created by a municipality under Chapter 372 of the Texas
Local Government Code. a includes a certain area of property for which public
improvements are needed. When a City creates a PID, bonds can be issued to help
finance public improvements that specifically benefit the district. The bonds generate
some of the initial capital required for the public infrastructure, including but not limited
to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space,
together with the design, construction and maintenance of any ancillary structures,
features or amenities such as trails, playgrounds, walkways, lighting and similar items
located in the development as well as similar off -site projects that provide a benefit to
the district.
If created, the PID would make assessments against the owners of the Property to pay
the debt service on the bonds. The assessments would initially be paid by the developer.
Once the property is developed the assessments would be paid by the individual lot
owners according to an assessment plan. The developer and the City's financial advisor
are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the
property as an additional means of financing public improvements.
City staff has been working with the developer as well as the City's financial advisor and
bond counsel in support of this development, which would be Anna's first new
residential development west of U.S. 75. Staff is supportive of a development concept
that would diversify the City's housing stock by providing higher -priced homes in a
master planned community with public parks and amenities that would draw new
residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer
commits to delivering the type of development that staff believes would greatly benefit
the City.
The subject development is slated for single-family homes and related amenities. The
current owners are under contract to sell the development to an entity affiliated with
Centurion American ("Centurion"). Most of Centurion's other single-family
developments are in or near the Metroplex, with several being located in and/or
planned for communities in Collin County including McKinney, Frisco, Prosper, Allen,
and Celina. Some of Centurion's marketing materials of their single-family developments
can be found here.
http://centurionamerican.com/county/single-family/
City Staff and the City Attorney are currently working with the developer and the
current owners of the Property in drafting a subdivision improvement agreement that
would govern development of the Property and the financing of the public
improvements through the PID and an overlapping TIRZ. This public hearing is on the
advisability of creating the PID.
Staff and the developer are continuing their discussions regarding the creation of the
PID. It is currently anticipated that the action items for the creation of the PID will be
ready for consideration by the Council in early 2015.
STAFF RECOMMENDATION:
A public hearing on this issue was opened on September 23 and held open until the
current meeting. To comply with the hearing requirements under Chapter 372, once all
interested persons have had an opportunity to comment on the PID, staff recommends
that the Council approve a motion to hold open and continue the public hearing on
February 24, 2015 at 7:30 p.m.
CITY OF ANNA,TEXAS
AGENDA SUBJECT:
Resolution authorizing the sale of fire rescue vehicle.
SUMMARY:
Item No. I4
City Secretary's use only
City Council Agenda
Staff Report
Date: February 10, 2015
Staff Contact: Chief Gothard
Exhibits: Resolution
The Fire Department is seeking to sale Rescue 901—this unit is a 1997 Freightliner FL 80
Rescue Body style unit. The unit has only responded to twelve incidents over the last
two years. The vehicle is beginning to show signs of needing pump and mechanical
repair.
The unit would be placed for sale through a Fire Apparatus clearing house and
associated web sites that advertise emergency vehicles for sale.
STAFF RECOMMENDATION:
Authorize the sale of the 1997 Freightliner Rescue Truck.
CITY OF ANNA, TEXAS
1:3���1���C�7�l►C��
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SALE OF A
1997 FREIGHTLINER FL 80 RESCUE TRUCK VIN # 1 FV6JLCB4VH858574.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
City of Anna owns a 1997 FREIGHTLINER Fire Rescue Apparatus,
VIN# 1 FV6JLCB4VH858574.
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") wishes to
sale certain surplus fire RESCUE APPARATUS (1997 FREIGHTLINER)
VIN# 1 FV6JLCB4VH858574; and
WHEREAS, the Council intends that said surplus fire RESCUE APPARATUS (1997
FREIGHTLINER) be sold to the highest bidder; and
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.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th
day %J February 2015.
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
r
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Application
Item No. 15
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
FYhihitc•
February 10, 2015
Chief Jenks
Briefing/Discussion regarding submission of a Police Grant
SUMMARY:
A call for grant applications due by February 27, 2015, was made NCTCOG (via the office
of the Governor) using two funding sources: the Justice Assistance Grant program (JAG)
and the Juvenile Justice Assistance Grant (JJAG). These grants can fund programs that
would meet current needs and be beneficial to the Police Department and community
as a whole.
To receive a JAG grant, the project must be an improvement to the law enforcement
systems (investigative, prosecutorial, statistical reporting systems, etc). As you know,
we had to reorganize the department to create supervisory positions within the patrol
division, causing us to lose a dedicated investigative position. Any chance to recover an
investigative position that was vacated is welcome, as our caseload has continued to
increase, especially with regard to family violence and other crimes against persons. A
particular focus of the Grant is to address incidents of family violence and crimes against
children. We are in need of assistance in those types of investigations and it would be
extremely beneficial to have a Detective specializing in this area of focus in the
Department. The JAG grant can fund 100% of the costs of a new Detective for three (3)
years, including salary, overtime, equipment, and supplies up to $80k per year.
The second opportunity comes from the Juvenile Justice Assistance Grant program. The
Anna Independent School District currently has a School Resource Officer agreement
with the Collin County Sheriff's Office for one (1) deputy. This one deputy serves the
entire Anna school population. With the large growth in AISD enrollment, the District
would like to increase staffing to include a 2nd SRO. The CCSO is not willing to provide a
second Deputy and the Superintendent has approached us to see if we can provide an
SRO. Using the JJAG as a funding source, we would be able to provide the District with
one SRO, fully funded for the 3 years, up to $100k per year. We are exploring how to
structure the funding opportunity to provide the district with both SRO positions, which
from a supervisory and management standpoint simplifies the program.
STAFF RECOMMENDATION:
These Grants would help the City provide advanced law enforcement services with very
small costs to the City. Further, it allows us to recover state and federal tax dollars paid
by our citizens and provide them with services that directly benefit them. If these
projects are something the Council would like to see come to fruition, the staff will
pursue these funding opportunities enthusiastically.
CITY OF ANNA, TEXAS
Item No. 16
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
City Manager
Sample Ordinance
AGENDA SUBJECT:
Discussion regarding possible ordinance regulating the purchase and possession of
electronic cigarettes by minors.
SUMMARY:
During the January 13 meeting, several Council members indicated that they would like
to discuss and possibly consider an ordinance that regulates the purchase and
possession of electronic cigarettes by minors. An electronic cigarette is an electronic
device usually composed of a mouthpiece, a heating element or atomizer, a battery, and
electronic circuits that provides a gas derived from liquid nicotine and/or other
substances which is inhaled by a user simulating smoking.
Attached is a sample ordinance for the purpose of Council discussion.
CITY OF ,TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ,
TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF
TEXAS, REGARDING PURCHASE BY MINOR OF
TOBACCO PRODUCTS AND &CIGARETTES, REGULATING THE
PURCHASE, SALE, OFFER TO SELL, AND POSSESSION OF ANY
TOBACCO PRODUCT OR &CIGARETTE TO OR BY ANY MINOR,
PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of (the "City") is permitted to establish ordinances to
protect the health, safety and general welfare of its residents; and
WHEREAS, it is well -established by medical science that tobacco products, including
but not limited to cigarettes, cause multiple negative health consequences when ingested or
inhaled by the consumer; and
WHEREAS, electronic cigarettes are devices that convert liquid nicotine into a gas that
is inhaled by the consumer; and
WHEREAS, the National Institute for Occupational Safety and Health and the Center for
Disease Control and Prevention have prepared emergency response information addressing the
dangers associated with liquid nicotine and the City Council finds that: (1) nicotine affects the
nervous system and heart and is addictive; and (2) exposure to relatively small amounts of liquid
nicotine can rapidly be fatal; and
WHEREAS, the Federal Drug Administration has warned of the dangers posed by
electronic cigarettes, which include nicotine addiction and the appeal to young people due to the
different flavors (such as chocolate, strawberry and mint); and
WHEREAS, the American Medical Association addressed the risks associated with the
use of electronic cigarettes and adopted a policy recommending that electronic cigarettes be
classified as a drug delivery device;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ,TEXAS, THAT;
SECTION 1. FINDINGS. The foregoing recitals are hereby found to be true and correct and
are hereby adopted by the City Council and made a part hereof for all purposes as findings of
fact.
SECTION 2. PURPOSE. The purpose and intent of this ordinance is to protect individuals
under the age of 18 from the hazards of tobacco products, e-cigarettes, nicotine addiction, and
Page 1 of 4
the dangers of ingesting such products with no regulatory oversight as to their purity, contents,
and potential negative health impacts.
SECTION 3. AMENDMENT TO CODE
OFFENSES REGARDING PURCHASE BY MINOR OF TOBACCO
PRODUCTS AND E-CIGARETTES
Definitions
As used in this article, the following words and phrases shall have the following
meanings:
"Electronic cigarette" or "e- cigar°ette" means an electronic device usually
composed of a mouthpiece, a heating element or atomizer, a battery, and
electronic circuits that provides a gas derived from liquid nicotine and/or other
substances which is inhaled by a user simulating smoking. The term includes
such devices, regardless of the details of the product appearance or marketed
name, generally manufactured to resemble cigarettes, cigars, pipes, or other
smoking devices.
"Liquid nicotine" means any liquid product composed either in whole or part of
nicotine, propylene glycol and/or other similar substances and manufactured for
use with an e-cigarette to be converted into a gas for inhaling.
"Minot•" means a natural person less than 18 years of age.
"Person" means any natural person, individual, corporation, limited liability
company, unincorporaLed association, proprietorship, firm, partnership, joint
venture, joint stock association, or other entity or business of any kind.
"Photographic identification" means state, district, national or other equivalent
government driver's license, identification card or military card, in all cases
bearing a photograph and a date of birth, or a valid passport.
Tobacco prodarct means:
(1) a cigarette;
(2) a cigar;
(3) smoking tobacco, including granulated, plug -cut, crimp -cut, ready rubbed and
any form of tobacco suitable for smoking in a pipe or as a cigarette;
(4) chewing tobacco, including plug, scrap, and any kind of tobacco suitable for
chewing;
(5) snuff or other preparations of pulverized tobacco; or
(6) any other article or product that is made of tobacco.
Provision of Tobacco Products or E-Cigarettes to a Minor Prohibited
Page 2 of 4
(a) Provide or offer to minor. No person may give, distribute, transfer, sell,
market, or offer any tobacco products or e-cigarettes, their components, or
samples to any minor.
(b) Purchase by minor. No minor may purchase or obtain any tobacco
products or e-cigarettes or their components. This prohibition does not apply to
activities or enforcement actions under the control of a City, state, or federal law
enforcement authority.
(c) Sale to minor by dispenser. No person shall sell or permit to be sold
tobacco products or e-cigarettes or their components through any device that
mechanically dispenses such products unless the device is located fully within
premises from which minors are prohibited.
(d) Possession by minor. A minor commits an offense if the minor possesses a
tobacco or e-cigarette product, and the minor was not: (1) in the course and scope
of the minor's employment by a person or entity holding a permit issued by the
state authorizing the person to engage in the business of being a distributor,
wholesaler, bonded agent or retailer of tobacco products or e-cigarettes; or (2) in
the presence of an adult, parent, guardian, spouse or other adult to whom the
minor had been committed by a court.
(e) False Information. A minor commits an offense if, in order to acquire a
tobacco product or an e-cigarette, the minor states to any person engaged in the
business of selling tobacco products or e-cigarettes that such minor is 18 years of
age or older, or presents to any such person a document or writing that purports to
establish that such minor is 18 years of age or older.
Penalties, Exceptions, and other Prohibitions
(a) Penalty. The penalty for violation of this article shall be in accordance
with the general penalty provision contained in the Code of Ordinances, City of
Texas. Each continuing day's violation under this article shall
constitute a separate offense.
(b) Defense —presence of responsible person. It is a defense to a prosecution
for violation of Sec. 6.05.002(d) of this article that a minor possessed a tobacco
product or e-cigarette product in the presence of an adult parent, guardian, or
spouse, or other adult to whom the minor has been committed by a court.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this ordinance. The City Council hereby declares that it
would have passed this ordinance, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared void.
Page 3 of 4
SECTION 5. SAVINGS CLAUSE. All ordinances or parts of ordinances, in conflict herewith
are to the extent of such conflict hereby repealed. The balance of such ordinance is hereby
saved from repeal.
SECTION 6. EFFECTIVE DATE. The Ordinance shall be effective immediately following
its publication in accordance with applicable law.
Passed and approved this
ATTEST:
City Secretary
day of
ADOPTED:
Mayor
Page 4 of 4
2015.
CITY OF ANNA, TEXAS
Item No. 17
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 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); Personnel Policy Manual;
be discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land
for municipal facilities;
ce discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail
developments;
d* discuss or deliberate personnel matters: City Secretary Update; Boards and
Of
Commissions.(Tex. Gov't Code §551.074).
The council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act,
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 16
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
City Manager
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for
February 10, 2015 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Adjourn
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item NO. 19
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
February 10, 2015
City Manager