HomeMy WebLinkAbout02-06-2026 Executive Session & Regular Meeting Packet
AGENDA
City Council Executive Session
Friday, February 6, 2026 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet in an Executive Session on Friday, February 6,
2026, at 5:30 PM, in the Anna Municipal Complex – Council Chambers, located at 120 W. 7th
Street, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Executive Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Executive 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). Polices and Procedures; City ordinances and resolutions
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager; City Council
The Council further reserves the right to enter into Closed Session at any time throughout
any duly noticed meeting under any applicable exception to the Open Meetings Act.
3. Consider/Discuss/Action on any items listed on any agenda - executive session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
4. Adjourn.
1. The Council may vote and/or act upon each of the items listed on 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 Meetings Act.
3. In accordance with the Americans with Disabilities Act, it is the policy of the City of Anna to offer its public programs,
services, and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you
are a person with a disability and require information or materials in an appropriate alternative format, or if you require
any other accommodation, please contact the ADA Coordinator at least 48 working hours in advance of the event by
emailing adacompliance@annatexas.gov. Advance notification within this guideline will enable the City to make
reasonable arrangements to ensure accessibility.
AGENDA
City Council Meeting
Friday, February 6, 2026 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on Friday, February 6, 2026, at 6:00 PM, in the
Anna Municipal Complex – Council Chambers, located at 120 W. 7th Street, to consider the
following items.
Welcome to the City Council meeting. 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, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
American Pledge: I pledge allegiance to the flag of the United States of America, and to the
Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Texas Pledge: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under
God, one and indivisible.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this meeting
Agenda that is not scheduled for public hearing. Also, at this time, any person may address
the City Council regarding an item that is not on this meeting Agenda. Each person will be
allowed up to three (3) minutes to speak. No discussion or action may be taken at this
meeting on items not listed on this Agenda, other than to make statements of specific
information in response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expression 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. Work Session.
a. Housing Data. (Director of Development Services Kaleb Kentner)
6. Consent Items.
These items consist of non-controversial or "housekeeping" items required by law.
Items may be considered individually by any Council Member making such request prior to
a motion and vote on the Consent Items.
a. Approve City Council Minutes for January 13, 2026. (City Secretary Carrie Land)
b. Review Minutes of the December 1, 2025, Planning & Zoning Commission
Meeting. (Director of Development Services Kaleb Kentner)
c. Review Minutes of the December 11, 2025, Joint Community Development
Corporation and Economic Development Corporation Board Meeting. (Interim
Director of Economic Development Natasha Roach)
d. Review Monthly Financial Report for the Month Ending December 31, 2025.
(Director of Finance Terri Doby)
e. Approve a Resolution amending the City of Anna Personnel Policy Manual.
(Director of Human Resources Stephanie Beitelschies)
f. Approve a Resolution authorizing the Anna Director of Economic Development
to enter into purchase and sale agreements and other real estate related
transactions to buy or sell property on behalf of the CDC. (Interim Director of
Economic Development Natasha Roach)
g. Approve a Resolution authorizing the Anna Director of Economic Development
to enter into purchase and sale agreements and other real estate related
transactions to buy or sell property on behalf of the EDC. (Interim Director of
Economic Development Natasha Roach)
h. Take action to Adopt a Resolution setting a Public Hearing under Section
372.009 of the Texas Local Government Code to be held on March 10, 2026 on
the advisability of the creation of a public improvement district and improvements
within the City of Anna, Texas, to be known as Liberty Hills Public Improvement
District No. 1 and authorizing the issuance of notice by the City Secretary of
Anna, Texas, regarding the Public Hearing. (Director of Public Works Joseph
Cotton)
i. Take action to adopt a Resolution of the City of Anna, Texas determining the
costs of certain Authorized Improvements to be financed by the Sherley Farms
Public Improvement District for Improvement Area #1 thereof; Approving a
Preliminary Service Plan and Assessment Plan, Including the proposed
Assessment Roll for Improvement Area #1; Calling a Regular Meeting and
Noticing a Public Hearing for February 24, 2026, to Consider an Ordinance
Levying Assessments on property located within Improvement Area #1 of said
District; Directing the Filing of the proposed Assessment Roll with the City
Secretary to make available for public inspection; Directing City Staff to publish
and mail notice of said Public Hearing; and Resolving other matters incident and
related thereto. (Director of Public Works Joseph Cotton)
7. Items For Individual Consideration and Public Hearings.
At the time and place of any public hearing held during this meeting, all persons who desire
will have an opportunity to be heard in opposition to or in favor of the ordinance, application,
or other proposed item.
a. First Reading of a Resolution approving an Economic Development Incentive
Agreement between the Anna Community Development Corporation and the
Seitz Group, Inc. (Interim Director of Economic Development Natasha Roach)
b. Second Reading of a Resolution approving an Economic Development Incentive
Agreement between the Anna Community Development Corporation and the
Seitz Group, Inc. (Interim Director of Economic Development Natasha Roach)
c. Consider/Discuss/Action on a Resolution approving an Economic Development
Incentive Agreement between the Anna Community Development Corporation
and the Seitz Group, Inc. (Interim Director of Economic Development Natasha
Roach)
d. Consider/Discuss/Action on a Development Agreement for Thompson Grove.
(Development Services Director Kaleb Kentner)
8. Future Agenda Items.
9. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). Policies and Procedures; City ordinances and regulations
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074) City
Manager; City Council
The Council further reserves the right to enter into Closed Session at any time throughout
any duly noticed meeting under any applicable exception to the Open Meetings Act.
10. Consider/Discuss/Action on any items listed on any agenda - executive session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
11. Adjourn.
This is to certify that I, Carrie L Land, City Secretary, posted this Agenda on the City’s website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 01/29/2026.
Carrie L. Land, City Secretary
1. The Council may vote and/or act upon each of the items listed in this Agenda. Notwithstanding the foregoing
or any other statement in this Agenda, the Council shall not take action on any item until after providing an
opportunity for public testimony under the "Neighbor Comments" item or after any public hearing held under
applicable law.
2. The Council reserves the right to retire into closed 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. In accordance with the Americans with Disabilities Act, it is the policy of the City of Anna to offer its public
programs, services, and meetings in a manner that is readily accessible to everyone, including individuals
with disabilities. If you are a person with a disability and require information or materials in an appropriate
alternative format, or if you require any other accommodation, please contact the ADA Coordinator at least
48 working hours in advance of the event by emailing adacompliance@annatexas.gov. Advance notification
within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact:
AGENDA ITEM:
Housing Data. (Director of Development Services Kaleb Kentner)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact:
AGENDA ITEM:
Approve City Council Minutes for January 13, 2026. (City Secretary Carrie Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. 2026-01-13 Executive Session Minutes
2. 2026-01-13 Regular Meeting Minutes (2)
City Council Executive Session
Meeting Minutes
Tuesday, January 13, 2026 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met in an Executive Session on Tuesday, January 13, 2026,
at 5:30 PM, in the Anna Municipal Complex – Council Chambers, located at 120 W. 7th Street, to
consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Cain called the meeting to order at 5:30 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Kevin Toten
Deputy Mayor Pro Tem Stan Carver II
Council Member Nathan Bryan
Council Member Kelly Herndon
Council Member Elden Baker
Council Member Manny Singh
Members Absent:
None
2. Executive Session (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). Potential regulations regarding city apparel, Council communications
policies and platform, and/or public meeting attendance; state law compliance;
service contract; employment contract; policies on improvement districts.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager. City Council.
MOTION: Council Member Baker moved to enter closed session. Mayor Pro
Tem Toten seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 5:31 PM.
Mayor Cain reconvened the meeting at 6:06 PM.
3. Consider/Discuss/Action on any items listed on any agenda - executive session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
No action taken.
4. Adjourn.
Mayor Cain adjourned the meeting at 6:06 PM.
APPROVED this 27th day of January 2026.
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
Regular City Council Meeting
Minutes
Tuesday, January 13, 2026 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met on Tuesday, January 13, 2026, at 6:00 PM, in the Anna
Municipal Complex – Council Chambers, located at 120 W. 7th Street, to consider the following
items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Cain called the meeting to order at 6:07 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Kevin Toten
Deputy Mayor Pro Tem Stan Carver II
Council Member Nathan Bryan
Council Member Kelly Herndon
Council Member Elden Baker
Council Member Manny Singh
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Deputy Mayor Pro Tem Carver led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
Tana Brown spoke about the balconies built on the apartments at Finley and
Sharp, and the wooden perimeter fences around neighborhoods.
4. Reports.
Chief Isom announced the promotion of Galen Davis to Fire Marshal and
introduced Kurt Hall as the new Emergency Management Coordinator.
5. Work Session.
a. Presentation from Hilltop Securities Inc. regarding Sherley Farms Public
Improvement District Improvement Area #1 Project. (Director of Public Works
Joseph Cotton)
Andre Ayala made a presentation on the Sherley Farms PID Improvement area
#1. The Hearing will be rescheduled for the January 27th meeting.
6. Consent Items.
MOTION: Council Member Baker moved to approve Consent Items 6a - 6d.
Council Member Herndon seconded. Motion carried 7–0.
a. Approve City Council Meeting Minutes for December 9, 2025, December 16,
2025, and January 5, 2026. (City Secretary Carrie Land)
b. Review Minutes of the November 13, 2025, Joint Community Development
Corporation and Economic Development Corporation Board Meeting with City
Council. (Assistant Director of Economic Development Natasha Roach)
c. Review Minutes of the November 3, 2025, Planning & Zoning Commission
Meeting. (Director of Development Services Kaleb Kentner)
d. Approve a Resolution authorizing the Anna Police Department to apply for the
Active Attack Response Equipment Grant. (Assistant Police Chief Terry Eoff)
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING AN
APPLICATION FOR THE ACTIVE ATTACK RESPONSE EQUIPMENT GRANT
PROGRAM AND AUTHORIZING CITY STAFF TO EXECUTE SAME.
7. Items For Individual Consideration and Public Hearings.
a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding
the disannexation of six acres for the Hurricane Creek Country Club. (ANX 25-
0008) (Planning Manager Lauren Mecke)
Disannexation of 6.0± acres of land in accordance with a development
agreement (Res. No. 2025-10-1849) between the City of Anna and Grayson-
Collin Recreational Association, Inc. Located on the north and south sides of
Fairway Lane, 1,000± feet northwest of County Road 368 (future N. Standridge
Blvd).
Mayor Cain opened the public hearing at 6:27 PM.
Matt Martin submitted his support for this item.
Mayor Cain closed the public hearing at 6:27 PM.
MOTION: Deputy Mayor Pro Tem Carver moved to approve. Council Member
Baker seconded. Motion carried 7–0.
AN ORDINANCE DISANNEXING THE HEREINAFTER DESCRIBED
TERRITORY FROM THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND
REVISING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO
EXCLUDE SAID HEREINAFTER DESCRIBED PROPERTY FROM SAID
MUNICIPAL CORPORATE LIMITS.
b. Discuss, Consider and Take Appropriate Action to adopt a Resolution of the City
of Anna, Texas determining the costs of certain Authorized Improvements to be
financed by the Sherley Farms Public Improvement District for Improvement
Area #1 thereof; Approving a Preliminary Service Plan and Assessment Plan,
Including the proposed Assessment Roll for Improvement Area #1; Calling a
Regular Meeting and Noticing a Public Hearing for February 10, 2026, to
Consider an Ordinance Levying Assessments on property located within
Improvement Area #1 of said District; Directing the Filing of the proposed
Assessment Roll with the City Secretary to make available for public inspection;
Directing City Staff to publish and mail notice of said Public Hearing; and
Resolving other matters incident and related thereto. (Director of Public Works
Joseph Cotton)
MOTION: Council Member Herndon moved to table this item to the January 27th
meeting. Council Member Bryan seconded. Motion carried 7–0.
c. Consider/Discuss/Action on a Resolution entering into a Municipal Services
Agreement regarding 2.4± acres located on the west side of Leonard Avenue,
189± feet south of Gardendale Hollow. (ANX 25-0007) (Director of Development
Services Kaleb Kentner)
Catherine McMinimy has submitted a petition to annex her property and to
develop it for commercial use.
A Municipal Services Agreement is required by state law prior to approval of
annexation.
MOTION: Council Member Baker moved to approve. Council Member Herndon
seconded. Motion carried 7–0.
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNEXATION OF A 2.4± ACRE TRACT OF LAND.
d. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for
annexation of 2.4± acres located on the west side of Leonard Avenue, 189± feet
south of Gardendale Hollow. (ANX 25-0007) (Director of Development Services
Kaleb Kentner)
Catherine McMinimy has submitted a petition to annex 2.4± acres of land.
HBC Interests is seeking to develop the property in accordance with the
companion zoning request.
Mayor Cain opened the public hearing at 6:33 PM.
No comments were given.
Mayor Cain closed the public hearing at 6:33 PM.
MOTION: Deputy Mayor Pro Tem Carver moved to approve. Council Member
Herndon seconded. Motion carried 7–0.
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY
TO THE CITY OF ANNA, TEXAS, AND EXTENDING THE BOUNDARY LIMITS
OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER
DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS
AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID
INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND
REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
e. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance
establishing zoning of 2.4± acres located on the west side of Leonard Avenue,
189± feet south of Gardendale Hollow to Local Commercial (C-1) District. (ZONE
25-0004) (Director of Development Services Kaleb Kentner)
Request to annex and zone 2.4± acres on the west side of Leonard Avenue, 350±
feet south of Gardendale Hollow Lane to Local Commercial (C-1) District. Staff
mailed public hearing notices to surrounding property owners in accordance with
state law. To date, staff have not received any responses.
Direction Land Use Zoning Comprehensive
Plan
North School Single-Family Residential -
Large Lot (SF-E)
School
East Single-Family
Residential
Single-Family Residential - 6.0
(SF-6.0)
Suburban Living
South Multifamily ETJ Suburban Living
West School Single-Family Residential -
Large Lot (SF-E)
School
COMPATIBILITY CONSIDERATIONS
Future Land Use Plan (FLUP): Suburban Living
Suburban Living neighborhoods consist predominantly of single-family housing
on detached lots. Home sites are in platted subdivisions with connections to
public utilities, residential streets and sidewalks, open space, parks, and
amenities. This PlaceType is found near neighborhood commercial and
commercial centers. Suburban living provides the population necessary to
support the nearby commercial and professional office uses within the
surrounding corridors. Residential uses are typically self-contained with a buffer
from non-residential developments through transitional uses and landscaped
areas. Lot sizes in Suburban Living are typically less than 1 acre.
Master Thoroughfare Plan: Leonard Avenue is identified as a Major Arterial (120')
right-of-way. The City acquired the necessary land from this tract in 2023. The
adjacent development constructed the two lanes of Leonard Avenue with its
development.
CONCLUSION
The request to zone the property to Local Commercial (C-1) District is in
conformance with the Comprehensive Plan.
Mayor Cain opened the public hearing at 6:37PM.
No comments were made.
Mayor Cain closed the public hearing at 6:37PM.
MOTION: Council Member Singh moved to approve.
Mr. Castillo, the representative for the developer, and Ms. McMinimy, the
property owner, spoke about the plans for the sale and development of the
property.
Council Member Singh withdrew his motion.
MOTION: Council Member Herndon moved to table until the second meeting in
February. Council Member Singh seconded. Motion carried 6–1. Mayor Pro Tem
Toten opposed.
8. Closed Session (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). Potential regulations regarding city apparel, Council communications
policies and platform, and/or public meeting attendance; state law compliance;
service contract; employment contract; policies on improvement districts.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager. City Council.
MOTION: Council Member Herndon moved to enter closed session. Council
Member Bryan seconded. Motion carried 6-1. Mayor Pro Tem Toten opposed.
Mayor Cain recessed the meeting at 6:54 PM.
Mayor Pro Tem Toten left the meeting at 6:54 PM.
Mayor Cain left the meeting at 8:00 PM.
Deputy Mayor Pro Tem Carver reconvened the meeting at 8:39 PM.
9. Consider/Discuss/Action on any items listed on any agenda - executive session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
No action taken.
10. Adjourn.
Deputy Mayor Pro Tem Carver adjourned the meeting at 8:39 PM.
APPROVED this 27th day of January 2026.
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact:
AGENDA ITEM:
Review Minutes of the December 1, 2025, Planning & Zoning Commission Meeting.
(Director of Development Services Kaleb Kentner)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. 2025-12-01 Minutes Signed
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Natasha Roach
AGENDA ITEM:
Review Minutes of the December 11, 2025, Joint Community Development Corporation
and Economic Development Corporation Board Meeting. (Interim Director of Economic
Development Natasha Roach)
SUMMARY:
The item is for Council to review meeting minutes from the December 11, 2025,
CDC/EDC Joint Board Meeting.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The CDC/EDC Board met on December 11, 2025, for their monthly Joint Board
Meeting.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. December 11_2025 CDC EDC Joint Meeting Minutes (Signed) (1)
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact:
AGENDA ITEM:
Review Monthly Financial Report for the Month Ending December 31, 2025. (Director of
Finance Terri Doby)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. FY2026 City Council Monthly Financial Report December
Positive Positive variance compared to historical trends
Warning Negative variance of 3%-5% compared to historical trends
Negative Negative variance of >5% compared to historical trends
FY2026 FY2026 %
Budget TD
REVENUES
General Fund
Property Taxes 14,606,393$ 661,555$ 5%Property taxes are collected in Dec. & Jan.
Sales Tax 6,030,000 1,047,534 17%Reflects two months of remittances.
Franchise and Local Taxes 1,250,000 4,491 0%Franchise fees are collected quarterly.
Charges for Services 1,384,086 420,542 30%
Permits, Licenses and Fees 5,396,000 1,037,425 19%
Intergovernmental - 28,600 100%
Fines 400,000 99,632 25%
Investment Income 800,000 86,083 11%
Other Revenues - 654,692 100%
Revenue Total 29,866,479$ 4,040,554$ 14%With 25% of the year expired, revenues recorded in the General
Ledger are at 14% of budget but within historical norms.
EXPENDITURES
General Fund
Expense Total 29,858,950$ 7,817,670$ 26%With 25% of the year expired, expenses are 26% of budget.
Utility Fund
REVENUES
Water Sales 14,112,700$ 3,741,877$ 27%
Sewer Charges 10,700,000 2,835,213 26%
Sanitation Revenue 3,744,000 1,058,249 28%
Other Charges for Services 890,000 145,016 16%Lower than expected tap fees and meter install fees.
Permits, Licenses and Fees 900,000 934,745 104%
Investment Income 702,000 309,773 44%
Other Revenues - 75,619 100%
Utility Fund Total 31,048,700$ 9,100,492$ 29%With 25% of the year expired, revenues recorded in the General
Ledger are at 28% of budget.
EXPENDITURES
Administration 1,127,420$ 531,923$ 47% Includes one-time expense for property and liability insurance.
Water 9,593,543 2,292,787 24%
Sewer 14,466,136 566,290 4%
Sanitation 3,738,000 113,890 3%
Utility Billing 1,653,539 292,478 18%
Engineering 1,111,373 171,829 15%
Utility Fund Total 31,690,011$ 3,969,197$ 13%With 25% of the year expired, expenses are 13% of budget.
CITY OF ANN
GENERAL & UTILITY FUNDS DASHBOARD
Through December 31, 2025
Favorable / Unfavorable
% Change
2024-26 Collections from 2024-25 Collections
Monthly Prior Year Monthly
October 820,089$ 5% 780,090$
November 855,966 14% 753,401
December 995,930
January 682,766
February 675,214
March 1,873,725
April 779,340
May 780,970
June 867,435
July 817,173
August 761,329
September 844,898
1,676,055$ 10,612,271$
Budget: 9,650,000 17% 8,220,000
CITY OF ANNA
Schedule of Sales Tax Collections
November 30, 2025
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
Monthly Sales Tax Collections:
3 Year Comparison
FY2023-24 FY2024-25 FY2025-26
Item No. 6.e.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Stephanie
Beitelschies
AGENDA ITEM:
Approve a Resolution amending the City of Anna Personnel Policy Manual. (Director of
Human Resources Stephanie Beitelschies)
SUMMARY:
Staff recommends amending the City of Anna Personnel Policy Manual to transition
Anna Fire Rescue shift personnel to a 14-day work period in support of the
implementation of a 48/96 work schedule. This change aligns the City with neighboring
fire service scheduling, where alternative schedules beyond the traditional 24/48 have
become common and supports ongoing recruitment and retention efforts within the Fire
Department.
Other sections of the proposed policy are being updated for clarity and to support staff’s
day-to-day operations in alignment with current practices. The proposed revisions are
listed below:
1. Update the 28-day cycle to a 14-day work period for policy consistency.
2. Recommended 14-day work period for fire personnel.
3. Update the vacation leave language for policy consistency.
4. Update the number of hours for bereavement per occurrence for fire shift
personnel.
5. Update the separation process to reflect our current direct deposit process versus
paper check.
6. Removal of the Travel Policy to distribute as a future Administrative Directive
signed by the City Manager.
7. Added Section 4.10 as “RESERVED” to maintain original section numbering and
align with Ethics Code references.
8. Updated public and media communications language to reference the
Communications Team.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Staff is requesting approval to amend the City of Anna Personnel Policy Manual to
transition eligible non-exempt Fire Department personnel to a 14-day work period. This
policy change is to support the Anna Fire Department’s implementation of the 48/96
work schedule, which took effect on Jan. 19.
The shift to a 48/96 schedule was implemented in response to recruitment and retention
challenges. While the schedule change has already occurred operationally, the
Personnel Policy Manual requires amendment to support a 14-day work period. This
work period adoption is pursuant to section 207(k) of the Fair Labor Standards Act
(FLSA). Transitioning eligible non-exempt Fire Department personnel to a 14-day work
period does not change total annual hours worked, hourly rates of pay, or Fair Labor
Standards Act (FLSA) requirements.
Approval of this policy amendment will formally align the Personnel Policy Manual with
current Fire Department operations, support continued recruitment and retention efforts
and ensure administrative consistency between adopted operational practices and the
City’s personnel policies.
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN
COUNTY, TEXAS, APPROVING AMENDMENTS TO THE CITY OF ANNA
PERSONNEL POLICY MANUAL 1.27.2026
2. City of Anna Personnel Policy 1.27.2026 C03029D20260116CR1 redline mc
CITY OF ANNA, TEXAS
on March 11, 2014, the City Council of the City of Anna, Texas ("City Council")
approved a Personnel Policy Manual that includes personnel guidelines for use in certain
operations of the City's departments/personnel and in matters related to human resources; and,
said Personnel Policy Manual was amended on September 22, 2015, January 26,
2016, July 11, 2017, October 26, 2021, December 14, 2021, September 13, 2022, October 11,
2022, September 26, 2023, December 12, 2023 and on January 27, 2026.
the City Manager has recommended approval of certain amendments to the
Personnel Policy Manual, and
the City Council finds that its approval of the amendments to the Personnel Policy
Manual is not intended to and does not: (1) create any type of contract of employment between the
City and any employee; or (2) have the force or effect of law or ordinance
The recitals set forth above are incorporated herein for all purposes as if set forth in full
The City Council of the City of Anna, Texas hereby approves the amendments to the
City of Anna Personnel Policy Manual for use by the City Manager and City departments in
relation to certain organizational operations and matters related to personnel and human resources.
th DAY OF JANUARY 2026.
ATTEST: APPROVED
______________________ _________________________
City Secretary, Carrie Land Mayor, Pete Cain
City of Anna
Personnel Policy Manual
Approved: March 11, 2014
Amended:
September 22, 2015, Res. No. 2015-09-24
January 26, 2016, Res. No. 2016-01-140
July 11, 2017, Res. No. 2017-07-334
October 26, 2021, Res. No.2021-10-1028
December 14, 2021, Res. No. 2021-12-1074
September 13, 2022, Res. No. 2022-09-1252
October 11, 2022, Res. No. 2022-10-1265
September 26, 2023, Res. No. 2023-09-1550
December 12, 2023, Res. No. 2023-12-1572
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Preamble
This Personnel Policy Manual (this “Manual”) is prepared for informational and guideline purposes
only and does not constitute a contract in any respect between the City of Anna (the “City”) and
its employees. Except as expressly set forth in this Manual or in a written contract approved by
the City Council, employment with the City is at will, and either the employee or the City may
terminate the relationship at any time for any legal reason or for no reason. The City Manager
may remove, with or without cause, any City employee or volunteer who is not required to be
appointed by the City Council. The City reserves the right to release an employee at any time and
for any reason, with or without cause, unless expressly prohibited by law.
The at-will status of an employee may only be modified by written contract between the City and
an individual employee that is duly adopted by the City Council, signed by a duly authorized
representative of the City, and contains express, clear and unambiguous language that identifies
the employee and modifies the at-will status of that employee (“Employment Contract”). The at-
will status in such case shall only be modified as to that individual employee and only to the extent
modified by such contract. All statements in this Manual regarding the at-will status of City
employees or any benefits provided herein shall control over any contradictory statements by any
other person, whether oral or written, with the sole exception of an Employment Contract.
Similarly, with the sole exception of benefits guaranteed in an Employment Contract, the City’s
policies and practices with respect to any matter or any benefits now offered may be terminated
at any time to full extent permitted under applicable law and same are not to be considered as
creating any contractual obligation on the City’s part.
Statements of specific grounds for termination set forth in this Manual or in any other City
documents are examples only, are not all-inclusive lists, and are not intended to restrict the City’s
right to terminate at will.
It is the responsibility of each employee of the City to comply with all policies in this Manual and
with other rules and regulations implemented in accordance with this Manual. If there are
questions about any policies, procedures, rules or regulations, they should be discussed with the
immediate supervisor, department head or City Manager, as appropriate.
Every employee in City service should understand that he/she is working for the public. It is the
goal of the City to constantly develop more effective and efficient means to serve its citizens.
Therefore, all employees should thoroughly understand their jobs duties and should possess
respect for their work. Employees are expected to have knowledge of the relation of their jobs to
those of other employees and to the entire City organization.
Individual departments may establish additional policies that are consistent with this Manual. Such
departmental policies must be submitted to and approved by the City Manager. To the extent that
such policies conflict with this Manual, this Manual shall control. Amendments to this Manual must
be prepared by the City Manager and presented to the City Council for approval. Upon
amendment, the modifications shall be distributed to all City employees and all City employees
shall sign an acknowledgement that they have received, reviewed and understand the
modifications (refer to Appendix A-1).
Notwithstanding any other provision of these policies, rules and regulations, the City Council may
exempt individual City employees that the City Council appoints pursuant to its power under the
CITY OF ANNA – Personnel Policy Manual
3 | P a g e
City’s Home-Rule Charter from the application of certain policies, rules and regulations and may
do so by duly adopted ordinance, resolution or written agreement. However, the City Council may
not grant any exemption that would result in a violation of state or federal law.
Completion of an introductory or probationary period or “regular status” does not change an
employee’s status as an employee-at-will or in any way restrict the City’s right to terminate such
an employee or change the terms or conditions of employment.
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CITY OF ANNA
PERSONNEL POLICY MANUAL
Table of Contents
Preamble ....................................................................................................................................................2
Table of Contents ..........................................................................................................................................4
Section 100. Introduction .............................................................................................................................9
100.1 Objectives ....................................................................................................................................9
100.1.1 Definitions ..............................................................................................................................10
100.2 Administrative Authority .............................................................................................................13
100.3 Applicability and Scope ..............................................................................................................14
100.4 Dissemination of Manual ............................................................................................................15
100.5 Amendments to Manual .............................................................................................................15
100.6 Equal Opportunity Policy ............................................................................................................15
100.7 Policy Directives, Departmental Policies ....................................................................................15
100.8 Employment at Will ....................................................................................................................16
Section 101. Employee Hiring and Appointment .................................................................................1617
101.1 Vacancies ..............................................................................................................................1617
101.2 Announcement of Vacancies .................................................................................................1617
101.3 Employment Applications .......................................................................................................1617
101.4 Employment Evaluation/Disqualification .....................................................................................18
101.5 Americans with Disabilities Act ...................................................................................................19
101.6 Applicant Referral, Interview and Selection Process ..................................................................20
101.7 Authority for Employment Hire ....................................................................................................28
101.8 Employment Status ....................................................................................................................28
101.9 Exempt or Non-Exempt Status ...................................................................................................28
101.10 Nepotism ....................................................................................................................................29
101.10.1 Dating/Fraternization Policy ....................................................................................................32
101.11 Residency Requirements ...........................................................................................................33
101.12 Pre-Employment Screenings and Examinations ........................................................................33
101.13 Emergency Temporary Appointments ........................................................................................34
101.14 Promotions and Temporary Promotions .....................................................................................34
101.15 Lateral Transfers ........................................................................................................................35
101.16 Demotions ..................................................................................................................................36
101.16.1 Reduction in Pay for Disciplinary Reasons .............................................................................36
101.17 Re-Hire Eligibility ........................................................................................................................36
101.18 Employee Orientation .................................................................................................................36
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101.19 Employee Personal Information .................................................................................................37
101.20 Internships .................................................................................................................................37
Section 102. Reference Checks and Recommendations ........................................................................38
102.1 Reference Checks .....................................................................................................................38
102.2 Recommendations .....................................................................................................................38
Section 103. Probation ...............................................................................................................................39
103.1 Probation Period ........................................................................................................................39
103.2 Completion of Probation .............................................................................................................39
103.3 Appeal of Failure of Probation ....................................................................................................40
Section 104. Code of Conduct ...............................................................................................................4041
104.1 Attendance/Standard Work Hours/Time Sheets .....................................................................4041
104.2 Work Standards .....................................................................................................................4041
104.3 Political Activities .......................................................................................................................43
104.3.1 Requests for Public Information ..............................................................................................44
104.3.2 Communications with the Public and the News Media ............................................................45
104.3.3 Communications with City Council Members ..........................................................................45
104.4 Solicitation .................................................................................................................................46
104.5 Outside Employment ..................................................................................................................46
104.6 Health and Fitness .....................................................................................................................47
104.6.1 Tobacco Free Workplace .......................................................................................................48
104.7 Financial Obligations ..................................................................................................................49
104.8 Conflict of Interest/Gifts ..............................................................................................................49
104.9 Professional Decorum ................................................................................................................51
104.10 Harassment and Sexual Harassment Prevention and Disciplinary Policy ...................................51
104.11 Indictments Against Employee ...................................................................................................54
104.12 Violence in the Workplace ..........................................................................................................55
104.13 Workplace Bullying ....................................................................................................................55
104.14 City Logo Use ............................................................................................................................56
Section 105. Compensation & Performance Evaluations .......................................................................57
105.1 Compensation Plan and Philosophy ...........................................................................................57
105.2 New Hires ..................................................................................................................................57
105.3 Employee Pay Schedule ............................................................................................................58
105.03.1 Deductions .............................................................................................................................58
105.4 Overtime and Compensatory Time .............................................................................................58
105.5 Call-Out ......................................................................................................................................61
105.6 Standby (On-Call Time) ..............................................................................................................61
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105.7 Travel Time ................................................................................................................................62
105.8 Meetings and Training Time .......................................................................................................62
105.9 Employee Performance Evaluation ............................................................................................63
105.10 Training and Development .........................................................................................................63
105.11 Salary Increases ........................................................................................................................68
105.12 Longevity Pay ............................................................................................................................68
105.13 Separation Pay ..........................................................................................................................68
105.14 Retirement .................................................................................................................................69
105.15 Recovery of Pay and/or Benefits ................................................................................................70
105.16 Additional Pay ............................................................................................................................70
Section 106. Holidays, Absences & Leaves .............................................................................................72
106.1 Holidays .....................................................................................................................................72
106.2 Vacation .................................................................................................................................7574
106.3 Sick Leave .............................................................................................................................7776
106.4 Military Leave .........................................................................................................................8079
106.5 Bereavement Leave ...............................................................................................................8685
106.6 Jury/Court Duty ......................................................................................................................8786
106.7 Administrative Leave with Pay ................................................................................................8786
106.8 Authorized Leave without Pay ................................................................................................8887
106.9 Absence without Leave ..............................................................................................................83
106.10 Catastrophic Leave ....................................................................................................................84
106.11 Mental Health Leave for Peace Officers .....................................................................................75
106.12 Public Safety Paid Quarantine Leave ........................................................................................77
Section 107. Family Medical Leave .......................................................................................................8079
107.1 Definitions ..............................................................................................................................8080
107.2 Eligibility .................................................................................................................................8181
107.3 Continuation of Medical Benefits ............................................................................................8383
107.4 Notification .............................................................................................................................8484
107.5 Medical Certification ...............................................................................................................8484
107.6 Reduced Work Schedule .......................................................................................................8585
107.7 Use of Paid Leave ..................................................................................................................8585
107.8 Parties’ Responsibilities .........................................................................................................8585
107.9 Coordination with Workers’ Compensation Benefits ...............................................................8686
107.10 Temporary Replacements ......................................................................................................8787
107.11 Incapacity to Work .................................................................................................................8787
Section 108. Employee Communications Policy .................................................................................8888
108.1 Open Communication/Open Door ..........................................................................................8888
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108.2 Privacy Expectations ..............................................................................................................8888
108.3 Telephone Usage ...................................................................................................................8989
108.3.1 Personal Use of City Provided Cell Phones ........................................................................8989
108.3.2 Cell Phone Issuance ..........................................................................................................8989
108.3.3 Use of Personal Cell Phones ..............................................................................................9090
108.4 Electronic Communications Policy 1 .......................................................................................9090
108.4.1 Social Media Policy ............................................................................................................9494
108.5 Whistleblower Policy ..................................................................................................................97
Section 109. At-Will, Discipline, Appeals and Grievances ......................................................................97
109.1 Disciplinary Action ......................................................................................................................97
109.2 Grievances ...............................................................................................................................104
Section 110. Voluntary and Involuntary Separations ............................................................................106
110.1 Resignation ..............................................................................................................................106
110.2 Reduction in Force ...................................................................................................................106
110.3 Incapacity .................................................................................................................................106
110.4 Retirement ...............................................................................................................................107
110.5 Military Separation ...................................................................................................................107
110.05.1 Death ...................................................................................................................................107
110.6 Separation Process ..................................................................................................................107
Section 111. Personnel Records .............................................................................................................108
111.1 Personnel Files and Records ...................................................................................................108
111.2 Change in Personnel Status: New Hires ...................................................................................109
111.3 Personnel Records and Reports ..............................................................................................109
111.4 Employment Verification ..........................................................................................................109
Section 112. Employee Benefits .............................................................................................................110
112.1 Workers’ Compensation Insurance ..........................................................................................110
112.2 Modified or Light Duty ..............................................................................................................112
112.3 Social Security .........................................................................................................................114
112.4 Unemployment Insurance ........................................................................................................114
112.5 Health Related Benefits ...........................................................................................................114
112.6 Continuation of Group Insurance (COBRA) ..............................................................................114
112.7 Miscellaneous Benefits ............................................................................................................115
Error! Hyperlink reference not valid.Section 113. Travel Policy .........................................................116116
Error! Hyperlink reference not valid.113.1 .........................................................Applicability of Travel Policy
116116
Error! Hyperlink reference not valid.113.2 .................................................................Authorization Required
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116117
Error! Hyperlink reference not valid.113.3 ......................................................................Allowable Expenses
116117
Error! Hyperlink reference not valid.113.4 ............................................................................Travel Advances
116119
Error! Hyperlink reference not valid.113.5 ............................................Travel Expense Report Procedures
116119
Error! Hyperlink reference not valid.113.6 ........................................................................General Provisions
116120
Section 114. Equipment/Vehicle Policy ............................................................................................117121
114.1 Purpose of Equipment/Vehicle Policy .................................................................................117121
114.2 Applicability ........................................................................................................................117121
114.3 Use of City Vehicles ...........................................................................................................117121
114.4 City Driving Qualifications ..................................................................................................117121
114.5 Operation and Ridership ....................................................................................................120124
114.6 Privately Owned Vehicles on City Business .......................................................................121125
114.7 Safety, Maintenance, and Care ..........................................................................................121125
114.8 Vehicle Logs ......................................................................................................................124128
114.9 Take Home Vehicle Policy .................................................................................................124128
114.10 Traffic Citations and Accidents ...........................................................................................125129
114.11 Authority of City Manager to Control Use ...........................................................................126130
Section 115. Substance Abuse Policy ..............................................................................................127131
115.1 Purpose .............................................................................................................................127131
115.2 General Policy ...................................................................................................................127131
115.3 Violations ...........................................................................................................................127131
115.4 Surveillance, Searches, and Testing ..................................................................................127131
115.5 Preventive Acts ..................................................................................................................130134
115.6 Work Related Accident .......................................................................................................130134
Section 116. Reservation of Rights ..................................................................................................131135
116.1 Reservation of Rights .........................................................................................................131135
116.2 Other Laws and Regulations ..............................................................................................131135
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100.1 Objectives
Objectives. The Preamble to this Manual is incorporated here as if set forth in full. Although
most major areas of the City’s personnel policies are defined in this Manual, situations may
arise that are not specifically addressed in this Manual. In these instances, the City Manager
may establish an appropriate policy or address such matters on a case-by-case basis as
appropriate. All personnel policies apply to all City employees, except as expressly stated
otherwise.
The general purpose of the policies and procedures set forth in this Manual is to bring into
the service of the City a high degree of understanding, cooperation, efficiency, and unity,
which comes through appropriate application of sound procedures in personnel
administration, and to provide a uniform policy for all employees, with all of the benefits such
a program insures. The human resource management system objectives, which include this
Manual, are as follows:
(1) Promote and increase efficiency, responsiveness to the public, and economy in the
service of the City;
(2) Provide opportunity for qualified persons to enter and progress in City service based
on merit and ability to perform the essential functions of the job with or without
reasonable accommodations;
(3) Maintain recruitment, advancement, and tenure practices enhancing the
attractiveness of a City career and encouraging all employees to give their best effort
to the City and the public;
(4) Maintain consistent, up-to-date position classification and compensation plans
based on the relative duties and responsibilities of jobs in City service; and
(5) Promote high morale among City employees by fostering positive working
relationships and providing uniform human resources policies, opportunities for
advancement, and consideration of employee needs and desires.
This Manual is not intended to fully describe or explain all of an employee’s potential rights
or duties. The provisions of this policy shall apply in addition to, and shall be subordinated
to, any requirements imposed by applicable federal, state, or local laws, regulations or
judicial decisions. Employees who desire further information should independently
investigate the governing law and contact an attorney to evaluate their position.
Unenforceable provisions of this policy shall be deemed to be deleted without invalidating
any other parts of this Manual.
City of Anna
Personnel Policy Manual
Section 100. Introduction
Section 100. Introduction
Page | 10
100.1.1 Definitions
The words and terms used in this Manual shall have the meaning indicated as follows (unless the
context in which the word is used clearly indicates otherwise):
Address means the street and number, city, state and zip code of a residence and/or the post
office box mailing address, if applicable.
Administrative leave means an authorized absence with pay.
Anniversary date means the month and date at which one year or additional years of employment
with the City are attained by a regular full-time or part-time employee. If an employee changes
from part-time to full-time status, then the anniversary date is changed to reflect the date the
employee begins full-time status.
Charter or City Charter means the City of Anna, Texas Home-Rule Charter as amended.
City means the City of Anna, Texas.
City’s personnel policies mean this Manual and all ordinances, directives, regulations and other
requirements relating to City personnel matters, as amended.
City Council means the governing body of the City of Anna, Texas.
Confidential Information means: (1) all information held by the City that is not available to the
public under the Public Information Act (Chapter 552, Local Government Code, or as amended,
“the Act”), and any information from a meeting closed to the public pursuant to the Texas Open
Meetings Act (Chapter 551, Local Government Code, or as amended), regardless of whether
disclosure violates the Act and/or the Texas Open Meetings Act: and (2) information, whether or
not subject to disclosure under the Act, that has not been made publicly available and that an
employee has access to only because of the employee’s status as a City employee or the
employee’s presence at City events or facilities that are not expressly open to the public.
Demotion means an assignment of an employee from a position in one classification to a position
in another classification having a lower pay grade.
Department means a major functional unit of City administration, none of which are independent,
jural entities.
Department head means any person, appointed by the City Manager, who is responsible for the
administration of a department.
Director of Human Resources, Human Resources Department, or Human Resources means the
individual(s) to whom various human resource functions have been delegated by the City
Manager, regardless of whether there is a specific department designated as the Human
Resources Department. These terms may also refer to the City Manager, to the extent that the
City Manager has not delegated any such human resource functions. The City Manager retains
authority over all human resources functions that have been delegated and may modify, reverse
or direct any action or decision by the Director of Human Resources or Human Resources
Department.
Page | 11
Employee means any person employed and paid a salary or wages by the City, and includes a
person employed on a temporary or part-time basis, but does not include an independent
contractor, the Municipal Court Judge(s), the City Attorney, a member of an appointed Board or
Commission, or a member of the City Council.
Exempt employee means any employee paid on a salary basis who occupies an executive,
administrative or professional position, or is a computer employee, as defined by the Fair Labor
Standards Act, 29 U.S.C. § 213(a)(17)(as amended). Exempt employees, whether full-time or
part-time, are eligible for all benefits offered by the City to its employees.
Fiscal year means the City’s fiscal year, starting October 1 and ending September 30.
Full-time employee means any employee scheduled to work forty (40) hours or more per work
week. Full-time employees are eligible for all benefits offered by the City to its employees.
Grade means a division of a salary and classification schedule with specified rates and/or ranges
of pay into which a job or position is classified, according to such factors as level of difficulty,
responsibility and other criteria.
Horseplay is rough or rowdy play or pranks that occur at the workplace or are work-related and
can include activities that are potential hazardous such as joking that includes physical contact,
playing around, racing, grabbing, foolish vehicle operation, social pressure to participate in unsafe
acts, harassment, and unauthorized contests.
Job means a collection of tasks, duties and responsibilities regularly assigned to and performed
by an individual.
Lateral transfer or transfer means any change of an employee from one position to another
position in a classification having the same pay grade.
Leave without pay means an authorized temporary absence without pay. If non-disciplinary, an
employee on leave without pay may be permitted to expend accrued vacation benefits, accrued
compensatory time, or accrued sick time while on leave.
Management, when used as noun, means the City Manager, department heads, or Supervisors
with administrative management authority.
Manual means this Personnel Policy Manual, as amended, also referenced from time to time
herein as Personnel Policies and Procedures.
Mayor means the Mayor of the City of Anna, Texas.
Merit means character or conduct deserving reward, honor, or esteem.
Military leave means any authorized absence of an employee for active or reserve duty, or training
in the United States armed forces.
Month means one calendar month.
Motor vehicle accident means an incident involving a motor vehicle in which there is either a
fatality, an injury treated immediately and/or away from the scene, any potential property damage,
any unintended contact between a vehicle and another vehicle, or a vehicle is required to be
Page | 12
towed from the scene due to disabling damage.
Non-exempt employee means any City employee not falling under the definition of Exempt
Employee.
Outside employment means any business, trade, occupation, or profession performed for any
entity other than the City, including self-employment.
Part-time employee means any employee who is scheduled to work less than forty (40) hours per
week and who is not a temporary/seasonal employee.
Personnel policies mean this Manual and all ordinances, directives, regulations, and other
requirements relating to City personnel matters, as amended.
Physician or licensed physician means any physician licensed by the Texas State Board of
Medical Examiners.
Probationary Employee means any newly hired employee during the time of the employee’s
probationary status as further described in this Manual.
Promotion means an assignment of an employee from a position of one classification to any
vacant position in another classification having a higher pay grade.
Reclassification means an assignment of an employee to a new position and/or grade profile to
an existing position.
Reduction in force means a separation from City service because of a shortage of funds or
materials, elimination of a position, or other reasons beyond the control of an employee and not
reflecting discredit upon him/her.
Regular employee means an employee who is full-time, and is non-seasonal and non-temporary.
Regulations mean these Personnel Policies and Procedures.
Residence means the domicile of an employee.
Retirement date means the first day an eligible employee becomes entitled to receive retirement
benefits.
Separation means a voluntary or involuntary cessation of employment with the City.
Supervisor means an employee’s direct report.
Suspension means an involuntary and unpaid discontinuance of City work for a specified period
of time.
Temporary/Seasonal Employee means any employee appointed to any of the following:
• An assignment or job scheduled to last less than six (6) months;
• A position funded under a federal employment and training program, under which the
employee meets federal eligibility requirements, but not including administrative or staff
Page | 13
positions;
• A cooperative work-study program with an educational institution;
• A seasonal position, even though the assignment may last more than six (6) months;
• Any assignment of less than a full calendar year, which is repeated from year to year,
even though the assignment may last more than six (6) months;
• A position which, by City policy and practice, is intended to give introductory work
experience to a person preparing for entry into the work force; or
• A part time position expected to work less than twenty (20) hours per week, or less than
one thousand (1,000) hours per fiscal year.
Temporary/seasonal employees are not eligible for any City benefits, other than workers’
compensation benefits.
Termination means a disciplinary cessation of employment with the City.
Transfer or lateral transfer means any change of an employee from one position to another
position in a classification having the same pay grade.
Volunteer means any person who freely offers to take part in any effort or undertake a task for the
City and is not compensated as a regular employee. However, stipends may be provided for some
tasks, as determined necessary by the City Manager and department head, and within budgetary
constraints, and in accordance with a written policy governing the terms of the stipend. Volunteer
includes, without limitation, the following positions:
• Reserve Officers;
• Volunteer Firefighters;
• Persons working toward completion of community service requirements; and
• Any other non-compensated position performed by a person freely offering their work or
services.
Volunteers are not eligible for any City benefits, other than workers’ compensation benefits as
applicable to volunteers.
Workday or Working Day means any one shift during which a department is open for business,
or on which an employee is scheduled to work.
100.2 Administrative Authority
The City Manager may revise or amend this Manual within the law, and with City Council
approval, to the extent deemed necessary by the City Manager in order to more effectively
and efficiently promote the interest of the City and its employees. The City Manager shall
develop and implement necessary procedures for the efficient administration of the City’s
personnel policies.
Page | 14
The general and final authority for human resources management rests with the City
Manager, who may delegate it as necessary and proper, except for matters expressly
reserved to the City Council under the City Charter or other applicable law. The Director of
Human Resources shall advise and support management in all areas, including employee-
management relations; training and career development; classification; compensation;
benefits; retirement; and employee health, safety and morale. When appropriate and
necessary, the City Manager and/or Director of Human Resources or their designees shall
consult with the City Attorney for additional advice and/or assistance regarding this Manual
and the City’s personnel policies in general.
Department heads are responsible for enforcing the City’s personnel policies as set forth in
this Manual and as otherwise set forth in directives, memorandums, and other forms of
instruction by the City Manager. Department heads shall cooperate with the Director of
Human Resources and/or his/her designee(s) on all matters pertinent to their organization
units. All employees have a responsibility and role in the implementation of the City’s
personnel policies.
The City reserves the authority to modify, revoke, interpret, or terminate any or all of the
rules and regulations specified in these Personnel Policies and Procedures, in whole or in
part, at any time, with or without notice. The issuance of these Personnel Policies and
Procedures does not constitute an express or implied contract between the City and its
employees. City supervisory personnel shall not make any representation to employees or
applicants concerning the terms or conditions of employment with the City, which are not
consistent with these Personnel Policies and Procedures.
100.3 Applicability and Scope
The City’s personnel policies as set forth in this Manual and elsewhere shall apply to all
employees except:
(1) when superseded by the state or federal constitutions, state or federal legislation;
(2) where expressly stated otherwise in this Manual;
(3) when specific appointment and removal power of an employee is vested in the City
Council by ordinance, or other law, and only to the extent that the City Council has
made an express finding in an ordinance or resolution that one, or more, of the
policies or procedures in this Manual do not apply to such employee; or
(4) to the extent that this Manual conflicts with an employment contract duly adopted by
the City Council that has been duly executed by the City Council’s duly authorized
representative.
Failure to comply with these policies may result in appropriate disciplinary action. All City
employees are charged with the responsibility of being thoroughly familiar with all provisions
of these Personnel Policies and Procedures.
Elected officials, the City Attorney, the Judge(s) of the Municipal Court, members of
appointed boards and commissions, persons employed under contract, and personnel
appointed to serve without pay shall not be considered City employees for purposes of these
policies. The City Attorney, City Secretary, and Judge(s) of the Municipal Court shall be
evaluated by the City Council as set forth in the City’s Charter.
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100.4 Dissemination of Manual
All City employees shall be provided with a copy of this Manual and each department head shall
keep an updated copy available for reference by employees. Whenever feasible, a newly hired
employee should be provided with this Manual prior to reporting for duty on their first day. All
employees must sign a statement that they have been furnished a copy of this Manual, and that
the employee has read and understands it. It shall be the employee’s responsibility to become
thoroughly familiar with this Manual and any changes made to these this Manual. Employees shall
not start work and shall not earn any wages, compensation, or benefits until the signed
acknowledgement form has been returned to the Director of Human Resources (refer to Appendix
A-1).
100.5 Amendments to Manual
Amendments to this Manual must be prepared by the City Manager and presented to the City
Council, who may adopt them, with or without amendment. Upon any amendment to this Manual,
each employee will be notified in writing of the amendment and directed to sign for having received
amendment, and shall sign a statement that they have been furnished a copy of the amended
policy or policies and have read and understand same as soon as is practicable thereafter.
100.6 Equal Opportunity Policy
It is the policy of the City to afford equal opportunity in all aspects of the employment
relationship to all individuals. Equal Employment Opportunity is the law of the land, and the
City will not discriminate because of race, color, religion, gender, age, national origin,
political affiliation, disability, veteran’s status, or other non-merit factors.
This Equal Employment Opportunity policy applies to all aspects of the employment
relationship including but not limited to recruiting, interviewing, testing, ranking, selection,
compensation, promotion, transfer, performance appraisal, training, discipline, layoff, and
discharge.
The City will take necessary action to assure that its personnel policies and procedures
support equal opportunities in employment. However, the City shall evaluate each individual
based on merit and bona fide abilities and qualifications to perform the essential functions
of the job.
100.7 Policy Directives, Departmental Policies
The City Manager may issue personnel policy directives which shall be in the form of written
memorandums, the contents of which may not directly conflict with the policies and
procedures in this Manual. Such directives shall be distributed to all affected employees and
shall apply with the same force as if the policies and procedures were set forth in full in this
Manual.
Individual departments may establish additional policies that are consistent with this Manual.
Before being implemented, such departmental policies must be submitted to and approved
by the City Manager. The City Manager may modify such department policies by issuing a
policy directive in the manner set forth above. To the extent that such policies conflict with
this Manual, this Manual shall control.
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100.8 Employment at Will
Employment with the City is at the mutual consent of the City and the employee. Either party
may cease the employment relationship at any time, with or without cause, and with or without
advance notice. However, an employee who leaves employment without providing the notice set
forth in the City’s personnel policy may lose eligibility for certain accrued benefits.
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101.1 Vacancies
Department heads shall notify the City Manager of any anticipated vacancies in their respective
departments as far in advance as is reasonably possible to permit sufficient time for the
selection of qualified candidates. Department heads shall notify the City Manager of any
unexpected vacancies as soon as practicable after the vacancy occurs. At the City’s discretion,
vacancies may be filled through public announcement, promotions, transfers, demotions or
reinstatement.
101.2 Announcement of Vacancies
Job vacancies may but are not required to be posted on the City website, on bulletin boards
located at City Hall or various other websites and publications. If so posted, each job
announcement insofar as practicable, shall specify the title, salary or salary range, and nature of
the job; the required qualifications; whether competition is open to the general public, City
employees or both; and the application deadline. Each announcement shall also contain a
statement affirming the City’s commitment to a policy of equal employment opportunity.
101.3 Employment Applications
Applications for employment or reinstatement shall be submitted on an Application for
Employment Form (Appendix A-2), for each vacant position. In addition to the Application
for Employment Form, the City may require an applicant to submit additional forms and
documents, depending on the position for which the applicant is applying. The City may
reject incomplete applications and applications not submitted in the prescribed manner. All
information submitted in connection with applying for City positions is subject to verification.
No one shall be employed in any position with the City until a completed application of
employment is provided to the Human Resources Department. All applications for
employment that have not resulted in employment will be retained active for not more than
30 days after application submittal or the application deadline, whichever expires sooner;
provided, however, that the City may hire applicants whose application has expired when in
the City’s best interest and when in conformance with equal opportunity employment. After
the expiration of an active application, the City may require that a new application and/or
resume must be submitted in order to be considered for any new openings. Applications that
have resulted in employment shall be included in the employee’s City employment records
and continue to be subject to verification of the facts stated therein.
The City relies upon the accuracy of information contained in the employment application,
as well as the accuracy of other data presented throughout the hiring process and
employment. Any misrepresentations, falsifications or material omissions in any of this
information or data may result in the exclusion of the individual from further consideration
for employment or, if the person has been hired, termination of employment.
City of Anna
Personnel Policy Manual
Section 101. Employee Hiring and Appointment
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Employees shall be responsible for notifying the department head and Human Resources
Department of any change in address, marital status, current telephone number or any other
information required by the Human Resources Department.
101.4 Employment Evaluation/Disqualification
Employment with the City shall be based on merit, ability, and fitness to perform the essential
functions of a job, with or without reasonable accommodations. The primary goal of the City
is to fill vacancies with highly qualified applicants that are the best suited for the position.
The City Manager, department head, or their respective designee(s) shall determine the
most appropriate means of evaluating applicants against job requirements and
organizational mission to identify the qualified persons suited for the job. Depending on the
job positions and its essential functions, the City may, as deemed appropriate, use reference
checks, interviews, medical and psychological examinations, drug tests, physical agility
tests, criminal history checks, verification of citizenship or employment eligibility, skills tests,
written tests, driver’s license checks, credit checks, and/or other screening procedures as
deemed appropriate and in all cases use of same shall be consistent with applicable
employment laws and regulations and the City’s personnel policies.
Applicants may be required to provide any information regarding work experience and
qualifications necessary to demonstrate compliance with prescribed qualification
requirements or proficiency.
At a minimum, to be eligible for employment with the City, or for a change in present
personnel status, an individual must:
(1) be at least sixteen (16) years of age, depending upon the requirements of each
position;
(2) have a social security number;
(3) agree to be fingerprinted, if requested;
(4) agree to a polygraph examination related specifically to job performance for positions
designated by the City Manager, if requested, and such examination is not prohibited
by law;
(5) where permitted by law, pass a physical and/or psychological examination
administered by a licensed medical practitioner selected by the City, to ensure ability
to perform essential duties of the job;
(6) where permitted by law, submit to alcohol and drug screening tests;
(7) satisfactorily complete any interviews, examinations and performance tests, if
required because of job duties;
(8) show proof of United States citizenship, legal residence, or other documentation that
establishes employment eligibility in the United States, as required by the
Department of Justice;
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(9) possess a valid Texas driver’s license and have an acceptable driving record in
compliance with the City’s personnel policies, where applicable, unless waived by
the City Manager (when requested, applicants must provide a copy of their driving
record to the City and/or provide the City with a signed and completed form of release
that will allow the City to obtain the applicant’s official driving record); and
(10) meet minimum requirements of the job description for which employment is sought,
and submit to all other employment procedures administered by the Human
Resources Department.
An applicant shall be disqualified from consideration if he or she:
(1) does not meet the necessary position-performance qualifications;
(2) has made any false statements of fact on the application, depending upon the
seriousness, willfulness and materiality of the false information to the position;
(3) commits or attempts to commit a fraudulent act at any stage of the selection process;
(4) does not have a driving record that is acceptable to the City;
(5) is in violation of the City’s Substance Abuse Policy;
(6) is not lawfully authorized to work in the United States in accordance with the Federal
Immigration Reform and Control Act, as amended; or
(7) would, if hired, be in violation of the nepotism policy or laws.
Former employees of the City who were dismissed for reasons of misconduct or
performance are considered ineligible for rehire.
An applicant may also be disqualified from consideration upon other reasonable grounds
relating to job requirements.
101.5 Americans with Disabilities Act
The City is an equal opportunity employer and, as such, requires compliance with the
Americans with Disabilities Act (ADA). The Act prohibits discrimination against qualified persons
with disabilities in application procedures, hiring, advancement, discharge of an employee,
employee compensation, job training, and other terms, conditions, and privileges of
employment. All requests by City employees for reasonable accommodations under the ADA
should be submitted in writing to the Human Resources Department, who shall notify the
employee’s department head. The City shall comply with ADA regulations when considering all
requests for accommodation. Supervisors or department heads, as applicable, are required to
engage in a good faith, interactive dialogue with qualifying persons to identify whether
reasonable accommodations may be available for an employee’s disability.
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101.6 Applicant Referral, Interview and Selection Process
The referral of applicants to department heads for selection shall be in accordance with
approved City policies, procedures, and practices developed by the City. Interviews will
be structured and conducted in such manner as to appraise the applicant’s qualifications
and ability to perform the essential functions of the position. All applicants meeting the
minimum requirements may not receive a personal interview. All departmental proposed
hiring procedures that are more specific than the policies and procedures set forth in this
Manual will be submitted in writing to the City Manager and Director of Human Resources
who shall forward same for review by the City Attorney. Such proposed procedures shall
not go into effect unless and until approved by the City Manager and City Attorney.
The department head will make the selection of the most qualified applicant. The department
head will then submit the selection to the City Manager and/or his designee to proceed
with any appropriate pre-hiring screening or background checks.
The City may conduct criminal history records checks on all new employees, including
those in part-time, temporary and selected volunteer positions. Since it may take several
weeks to receive results, applicants selected for positions may be offered provisional
employment. If applicants have not provided accurate information regarding their criminal
history, they may be dismissed from employment.
(d) The City will obtain credit history information on a candidate for employment only when
the credit history is related to the position for which the person is being considered. The
City shall comply with the Fair Credit Reporting Act before obtaining a job-related credit
history.
(e) The City will conduct a criminal history record review for a final candidate for
employment and will determine through the individualized assessment procedures
described below whether the individual should be excluded from employment.
(f) The City will conduct a motor vehicle record review on a candidate for employment when
driving is an essential job function of the position for which the person is being
considered. The City will determine through the evaluation criteria for applicants, as set
forth in its Motor Vehicle Operator Standards, whether the individual should be excluded
from employment.
(g) An employee or prospective employee must be provided written notice that a credit or
background check will be done, and give their written authorization to proceed, if an
outside, private-sector agency or search engine will be used (can be on same form and
be part of the application materials). If the results of a credit or background check result
in the applicant being rejected for employment, the City must provide written notice of
why, give the applicant a copy of the report, and provide the name and address of the
service which provided the information.
(h) This policy applies to all employees, including all full-time and part-time
employees, paid and unpaid interns, temporary employees, contract staff
employees, and volunteers.
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(i) Consumer Credit Reports
• "Adverse action" includes a denial of employment or any other decision for
employment purposes that adversely affects any current or prospective
employee.
• "Consumer report" includes any information from a consumer reporting agency that is
used or expected to be used as a factor in establishing the person's eligibility for
employment.
• "Consumer reporting agency" is an agency that, for monetary fees, dues, or on a
cooperative nonprofit basis, regularly assembles or evaluates consumer credit
information or other information on consumers for the purpose of furnishing consumer
reports to third parties.
• "Employment purposes" when used in connection with a consumer report means a report
used for the purpose of evaluating a person for employment, promotion, reassignment,
or retention as an employee.
15 U.S.C. 1681a
(j) Obtaining Reports
The City may not procure a consumer report for employment purposes unless:
1) The City has provided the applicant or employee a written disclosure that a
consumer report may be obtained for employment purposes; and
2) The applicant or employee has authorized in writing the procurement of the
consumer report.
(k) Adverse Action
• Before taking any adverse action based on the consumer report, the City shall
provide the applicant or employee a copy of the consumer report and a written
description of the person's rights under the Fair Credit Reporting Act, as prescribed
by the Federal Trade Commission.
15 U.S.C. 1681(b)(3)
(l) Notice of Address Discrepancy
• "Notice of address discrepancy" means a notice sent to a user by a consumer
reporting agency that informs the user of a substantial difference between the address
for the consumer that the user provided to request the consumer report and the
address(es) in the agency's file for the consumer.
(a) When the City receives a notice of address discrepancy, it will compare the
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information in the consumer report provided by the consumer reporting agency with information
the City maintains in its own records, such as applications, change of address notifications,
and other personnel records. In addition, the City will verify the information in the consumer
report provided by the consumer reporting agency with the consumer.
(b) If the City regularly and in the ordinary course of business furnishes information to the
consumer reporting agency from which it received the notice of address discrepancy, the
City will furnish an address for the consumer, which the City has reasonably confirmed is
accurate, to the consumer reporting agency. The City will
reasonably confirm an address is accurate by verifying the address with the consumer about
whom it has requested the report; reviewing its own records to verify the address of the
consumer; or using other reasonable means.
16 CFR 641.1
(m) Disposal of Records
• The City must properly dispose of a consumer report by taking reasonable
measures to protect against unauthorized access to or use of the information.
• "Dispose" includes discarding or abandoning the consumer report, or selling, donating,
or transferring any medium, including computer equipment, upon which the consumer
report is stored.
(a) Examples of reasonable measures include:
1) Burning, pulverizing, or shredding papers containing a consumer report so the
information cannot practicably be read or reconstructed;
2) Destroying or erasing electronic media containing a consumer report so that
the information cannot practicably be read or reconstructed; or
3) After due diligence, entering into and monitoring compliance with a contract
with another party engaged in the business of record destruction to dispose of
the consumer report.
16 CFR 682.3
(n) Individualized Assessment
(a) Only City employee(s) authorized to view criminal history records will be involved in
conducting an individualized criminal history record review.
(b) Consistent with business necessity, the City shall disqualify from employment a person
whose criminal history is inconsistent with the job duties of the position for which the
person is being considered.
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(c) The City shall perform an individualized assessment of criminal history record
information when determining a person's eligibility for employment in a specific
position.
(d) The City shall take into account a variety of factors, including the following:
1. The nature of the offense;
2. The age of the person when the crime was committed;
3. The date of the offense and how much time has elapsed;
4. The adjudication of the offense (e.g., whether the person was found guilty by a
trier of fact, pled guilty, entered a no contest plea, or received deferred
adjudication);
5. The nature and responsibilities of the job sought;
6. The accuracy of the person's disclosure of his or her criminal history during the
selection process;
7. The effect of the conduct on the overall environment; and
8. Any further information provided by the person concerning his or her
criminal history record.
(e) In conducting the individualized assessment, the City will consider both the factors set
out above and any additional information provided by the individual. The City may obtain
court records, if needed, to validate the information provided.
(f) Using the available information, the City will determine whether or not exclusion from
employment is consistent with business necessity.
(g) Failure to disclose criminal history on an employment application will exclude a
candidate from employment with the City, regardless of whether the candidate's criminal
history alone would have disqualified him or her for employment.
(h) Arrests
(1) The fact of an arrest alone does not establish that criminal conduct has occurred,
and the City shall not disqualify a person based solely on an arrest. The City may
make an employment decision based on the conduct underlying the arrest if that
conduct makes the person unfit for the position in question.
(i) Notice to Candidate for Employment
(1) A candidate for employment who has a criminal history record will be notified in
writing that he or she may be excluded from employment due to criminal history.
The candidate will be given an opportunity to provide additional information
concerning his or her criminal history record to be considered as part of the
individualized assessment process.
Additional information may include:
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• Documentation showing inaccuracies in the criminal record;
• Any evidence related to the factors for individualized assessment listed above;
• Evidence that he or she has performed the same type of work, since the
incident(s) noted on the criminal history record, with no known incidents of
criminal conduct;
• Rehabilitation efforts, including education and training;
• Employment or character references; and
• Whether or not he or she is bonded (if a bond is required for the job position with
the City).
(2) If the individual does not provide additional information in a timely manner, the City
will proceed with an individualized determination with the information available to the
City.
(j) Claim of Errors in the Record
(1) A candidate for employment who claims that the reported criminal history record is
erroneous may be provided a copy of the record so that he or she can undertake efforts
to correct the record.
(o) Offenses for Which Exclusion is Likely
(1) A record of certain offenses carries a high likelihood that the City will exclude the
individual from employment. Subject to an individualized assessment, the following classes
of offense will likely preclude employment with the City:
• Any offense for which employment of the individual places the safety of other
employees at risk, regardless of the date of the offense, its relation to the
employee's job, or the age of the victim. Such offenses include: homicide,
murder, capital murder, unlawful transport, false imprisonment, trafficking of
persons, sexual assault, aggravated sexual assault, rape, child abuse, sale or
purchase of a child, arson, robbery, aggravated robbery, prostitution or solicitation
of prostitution, child pornography, and sexual solicitation of a child.
• Any offense that, because of the relationship between the offense and the duties and
responsibilities of the position in question, creates a risk to the best interests
of the City. For example, a person who has committed a property offense will not
normally be eligible for a position with financial duties or responsibilities.
• Any felony conviction that occurred within the ten years prior to application for
employment with the City.
• Any Class C misdemeanor conviction involving moral turpitude (i.e., theft) within the ten
years prior to application for employment with the City.
(p) Adjudication of Offenses
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(a) Conviction
(1) In considering the adjudication of the offense, the following standards apply. The City
will ordinarily treat a conviction as proof of guilt. A conviction record constitutes reliable
evidence that a person engaged in the criminal conduct "beyond reasonable doubt."
(b) Arrest
(1) An arrest record alone does not establish criminal conduct. Before the City makes an
employment decision based on an arrest, the City will examine the circumstances
surrounding the arrest and will make any necessary inquiries. The City is not required to
conduct an extensive investigation to determine the individual's guilt or innocence but
need only make inquiries that could shed light on the likelihood of the individual's guilt in
committing the underlying offense.
(2) An arrest will be treated as a conviction when inquiries suggest a high likelihood that the
individual committed the underlying offense. Where such a determination is not found,
the arrest will not be used to take an adverse employment action against the individual.
(c) Deferred Adjudication
(1) A grant of deferred adjudication resulting from a no contest or guilty plea will
ordinarily be treated as an admission of guilt. However, the City will make inquiries
similar to the inquiries made when an arrest is reported.
(2) When such inquiries suggest a high likelihood that the individual committed the
underlying offense, deferred adjudication will be treated as a conviction. Where such a
determination is not found, deferred adjudication will not be used to take an adverse
employment action against the individual.
(d) Not Guilty, Withdrawn, or Dismissed Charges
(1) For a not guilty, withdrawn, or dismissed adjudication, the individual will be asked to
explain, in writing, the circumstances and must provide a certified copy of the court
paperwork showing the final disposition of every charge. The City may make additional
inquiries into the surrounding circumstances.
(2) The charges will be treated as a conviction when such inquiries suggest a high
likelihood that the individual committed the underlying offense. Where such a determination
is not found, the criminal history in question will not be used to take an adverse employment
action against the individual.
(q) Types of Convictions
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(1) If the criminal history record shows a conviction, or if inquiries made during the record
review indicate a high likelihood of guilt and/or recurrence, then the following
employment restrictions will apply:
(a) Felony
(1) For a felony offense committed within the ten years before application for
employment, see OFFENSES FOR WHICH EXCLUSION IS LIKELY, above.
(2) If the individual committed a felony offense more than ten years before application
for employment, the City will determine whether the conviction was for an offense that
generally requires exclusion by law or by policy or, if not, whether the underlying
offense relates to the duties and responsibilities of the desired position.
The following guidelines will apply:
• If the offense does not relate to the duties and responsibilities of the position, and was not
for an offense that would otherwise preclude employment, the individual may be
considered for employment or continued employment.
• If the offense does relate to the duties and responsibilities of the position, the City will
consider the likelihood of recurrence of the criminal behavior. A
determination
that the behavior is unlikely to recur will result in the individual being eligible for employment; a
finding to the contrary will result in the individual being ineligible
for employment.
(b) Class A & B Misdemeanors
(1) An individual may be eligible for employment if the conviction for a Class A or Class
B misdemeanor is not related to the duties and responsibilities of the position
and/or has occurred more than five years prior.
(2) For a Class A or Class B misdemeanor offense involving moral turpitude committed
within the ten years before application for employment, as applicable, see OFFENSES
FOR WHICH EXCLUSION IS LIKELY, above.
The following guidelines will apply:
• If the offense does not relate to the duties and responsibilities of the position, and was not
for an offense that would otherwise preclude employment, the individual may be
considered for employment.
• If the offense does relate to the duties and responsibilities of the position, the City will
consider the likelihood of recurrence of the criminal behavior. A
determination
that the behavior is unlikely to recur will result in the individual being eligible for
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employment; a finding to the contrary will result in the individual being ineligible for
employment.
(3) If the conviction occurred in the past five years and does relate to the duties and
responsibilities of the position, the employee is ineligible for employment in the City if it is
determined there is a high degree of likelihood for the recurrence of the behavior.
(c) Class C Misdemeanors
(1) For a Class C misdemeanor offense involving moral turpitude committed within the ten
years before application for employment, as applicable, see OFFENSES FOR WHICH
EXCLUSION IS LIKELY, above.
(2) If convicted of a Class C misdemeanor that does not involve moral turpitude or that
occurred more than ten years prior, the City will determine whether the underlying
offense relates to the duties and responsibilities of the desired position.
The following guidelines will apply:
• If the offense does not relate to the duties and responsibilities of the position, and was not
for an offense that would otherwise preclude employment, the individual may be
considered for employment.
• If the offense does relate to the duties and responsibilities of the position, the City will
consider the likelihood of recurrence of the criminal behavior. A
determination
that the behavior is unlikely to recur will result in the individual being eligible for employment; a
finding to the contrary will result in the individual being ineligible
for employment.
(d) Multiple Offenses
(1) An individual with multiple offenses that individually do not make him or her ineligible
for employment may be deemed ineligible for continued employment when
repetitious criminal behavior indicates a high degree of likelihood for recurrence of
the behavior.
(e) Unlisted Criminal History
(1) If a criminal history record does not list an event reported by the candidate for
employment, he or she will be asked to explain, in writing, the circumstances foreach
reported incident. A certified copy of pertinent court paperwork showing final disposition of
the charge must be included. The City may make additional inquiries.
(f) Applicants for Employment with Police and Fire Departments
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(1) The standards of elimination of employment for Police Department and Fire
Department positions may differ and may be established by departmental policy.
(g) Other Policies
(1) Applicants are subject to elimination under other City policies if the applicant's criminal
history limits his or her ability to perform the essential functions of the position (e.g.,
conditions of community supervision which restrict the applicant’s workplace activities).
101.7 Authority for Employment Hire
Hirings shall be made based on the applicant’s qualifications, experience, talents and
suitability for the job as ascertained through fair and practical selection methods. It shall
be the policy of the City to appoint the most qualified applicant best suited for the position.
The hiring authority for all City positions shall rest with the City Manager except as otherwise
provided by the City Charter. The City Manager may delegate such authority to the
department head for those positions under his/her supervision, and when hiring authority
is delegated the department head shall keep the City Manager and Director of Human
Resources informed of all proposed hirings in writing before an offer is made to an applicant.
Offers of employment will be made through the Human Resources Department.
101.8 Employment Status
All employees are classified into one of the following categories:
• Regular or Full-Time Employee – Employment in an authorized position in which the
employee works at least 40 hours in a regular work schedule.
• Part-Time Employee – Employment in a position normally budgeted less than 40 hours
per work week.
• Temporary Employee – Employment in a position established for a specified period of
time by the person(s) authorized to make such delegation(s), or for the duration of a
specified project or group of assignments.
101.9 Exempt or Non-Exempt Status
To determine eligibility for overtime pay, employment positions are classified as “Exempt”
or “Non-Exempt” in accordance with federal and state labor laws and these Personnel
Policies and Procedures. Eligibility for overtime pay is identified below:
Exempt – Exempt employees are not eligible for overtime pay, but under limited
circumstances may be granted personal time off during normal work hours for extra
hours worked according to Section 105.4 of this Manual.
Non-Exempt – This classification includes all positions that are not exempt. These
positions are generally eligible for overtime pay.
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All job descriptions should state whether the position is exempt or non-exempt. However,
in the event that this is not the case, or if any questions arise about whether a position is
exempt or non-exempt, the matter shall be referred to the Human Resources Department
prior to a final hiring or overtime payment decision.
101.10 Nepotism
In addition to the minimum restrictions set forth in the Charter, the purpose of this policy is
to define appropriate business relationships in the workplace that involve certain relatives
either of blood, adoption, marriage or cohabitation.
Definitions:
(1) Nepotism - The practice of employing, favoring, providing benefits to, or giving any
workplace preference to certain relatives over other employees.
(2) Relatives - Includes, but are not limited to, the first, second and third degree of
consanguinity (blood), including adoption; and the first and second degree of affinity
(marriage). Common Law marriages, as recognized by the State of Texas, will also
be included for purposes of this policy. See tables below for examples:
Consanguinity (Blood Relationships) and Adoptive Relationships
First Degree Second Degree Third Degree
Mother Grandparent Great Grandparent
Father Grandson Great Grandson
Daughter Granddaughter Great Granddaughter
Son Uncle Great Niece
Brother Aunt Great Nephew
Sister First Cousin Second Cousin
Niece
Nephew
Affinity (Marriage Relationship)
First Degree Second Degree
Wife
Husband
Son-in-Law
Daughter-in-Law
Mother-in-Law
Brother-in-Law
Sister-in-Law
Spouse’s Grandparent
Spouse’s Grandchild
Step-Grandparent
Father-in-Law
Stepmother
Stepfather
Stepdaughter
Stepson
Stepsister
Stepbrother
(3) Cohabitants – Persons who live together in a sexual relationship but are not married,
nor are declared to be married.
(4) Roommates – Any combination of Supervisor(s) and Subordinate(s) sharing the
same living quarters. For the purposes of this nepotism policy, “living quarters” does
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not include City-owned or City-controlled facilities, such as a fire station, at which
employees are scheduled to work or sleep overnight shifts.
In addition to any limitations or restrictions under state law or the City’s Charter, relatives,
cohabitants, or roommates to any elected or appointed City Official, or to any department
head, shall not be employed in any paid position with the City after the effective date of this
Manual. For the purposes of this provision, the term “City Official” means and includes: the
Mayor; Members of the City Council; Municipal Court Judges and Magistrates; the City
Manager; the City Secretary; the City Attorney; and Members of the temporary or standing,
current or future Boards, Commissions, Governing Bodies, and Boards of Directors when
those Boards, Commissions, Governing Bodies, and Boards of Directors are appointed in
their entirety or partially by the City Council. No person related within the second degree by
affinity or within the third degree by consanguinity to the Mayor or any City Council member
or the City Manager may be employed by or contracted with for the City. This does not apply
to:
(1) any person employed by the City before the person related in the above degree files
to run for elective office or is nominated for an appointment, or
(2) any person who is a seasonal employee or intern of the City.
No City employee shall be supervised directly by a relative, cohabitant or roommate. City
employees will not be transferred or promoted into positions that would cause them to be in
a direct supervisor/subordinate relationship with a relative, cohabitant, or roommate.
All external applicants for employment must, at the time of application and hire, disclose the
name(s) of any relative(s), cohabitant(s), or roommate(s) serving as elected City officials, or
currently working for the City in any capacity. Nondisclosure of this information by an
applicant shall be deemed as falsification of his/ her application and shall result in non-
consideration for a position, or termination if the person has already been placed on the
payroll. In the case of collusion, the current employee who is a relative, cohabitant, or
roommate may be subject to disciplinary action, up to and including, termination.
When a relationship is created which is not allowed by this policy, the employees are in
violation of this policy. The affected employees must inform the Human Resources
Department of the relationship that violates this policy within five business days of the
creation of the prohibited relationship. Failure to disclose this policy violation to the Human
Resources Department shall result in disciplinary action, up to and including, termination.
All employees who are being considered for promotion or transfer to another position
(whether in the same department, or to a position in another department) must, at the time
of the application for promotion or transfer, disclose the name(s) of any relative(s),
cohabitant(s), or roommate(s) serving as elected City officials or currently working for the
City in any capacity. Non-disclosure may result in disciplinary action, up to and including,
termination.
Relatives, cohabitants, or roommates may not work in the same division, or in the same
department under the direct supervision of the same immediate supervisor. Under no
circumstance may relatives, cohabitants, or roommates permanently supervise one another.
Further, no relatives, cohabitants, or roommates shall be placed in positions allowing for
financial signature approval of any purchasing or payroll transactions for one another. In the
case where business demands require indirect or temporary supervision of relatives,
cohabitants, or roommates, the Department Head of the employee(s) is responsible for
establishing a process of auxiliary review for the affected employee(s). This process will
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include review and signature authority over timesheets, purchase orders and any other
action where a conflict could arise from the reporting relationship of relatives, cohabitants,
or roommates. Additional related restrictions are set forth below in Section 101.10.1. In the
event of any conflict, the more restrictive provision shall govern.
(Amended 9/22/2015, Res. No. 2015-09-10)
The hiring and promotion of relatives, cohabitants, or roommates shall not be allowed, even
in different departments, if that action creates a conflict, or the appearance of a conflict of
interest for the City, as determined by the City Manager. When any relationship through
blood, adoption, marriage, or cohabitation presents a conflict of interest for the City, the City
reserves the right to take appropriate action to eliminate the conflict, which may result in
disciplinary action being taken up to and including termination.
A current City employee may not be involved in the hiring or selection, or the
recommendation of hiring or selection of a relative, cohabitant, or roommate.
Supervisors may not participate in disciplinary decisions or appeals involving his/her
relative, cohabitant(s), or roommate(s).
When a relationship is created which is not allowed by this policy or a departmental rule, one
of the employees must resign his/her position. The decision as to which employee shall
vacate his/her position shall, initially, be left up to the affected employees. In all such
situations, the following procedure shall apply:
(1) The affected employees shall disclose their potential violation of this policy to their
department head.
(2) The department head will notify the Human Resources Department of the potential
policy violation.
(3) If the Human Resources Department determines there is a policy violation, the
Director of Human Resources will notify the effected employee(s) and the City
Manager of the policy violation.
(4) Upon receipt of notification of the policy violation, the affected employees shall be
given (15) fifteen calendar days from the date of the policy violation occurrence to
make a decision as to which affected employee shall vacate his/her position. At the
conclusion of 15-day post notification period, the affected employees shall be given
an additional fifteen (15) calendar days in which to vacate one of the positions.
(5) If the employees fail to make a decision as to whom should vacate his/her position
within the fifteen (15) calendar day notification period, the City Manager shall notify
the employee who has the least seniority with the City, based upon the most recent
hire date, that he/she must vacate his/her position.
(6) There are some departments/positions within the City that, because of the nature of
work conducted with all other positions in the City, it is inappropriate for persons in
these department/positions to be related to anyone employed by the City in any
capacity, by blood, marriage, or cohabitation, or roommate relationship. Within the
City , these departments, divisions and positions include:
1. City Secretary’s Office
2. City Manager’s Office
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3. Finance Department
4. Human Resources Department
The City reserves the right to designate additional departments/positions to those listed in
subsection (l), above, as necessary, to prevent adverse impact on the work environment. If
relatives, cohabitants, or roommates are mistakenly awarded these positions, the
opportunity for alternate placement described earlier in this practice would apply.
101.10.1 Dating/Fraternization Policy
The City encourages a collegial and supportive atmosphere at work for its employees.
However, interpersonal relationships such as dating or romantic relationships between
employees may become a concern if they have the effect of impairing the work of any
employee; harassing, demeaning, or creating a hostile working environment for any
employee; disrupting the smooth and orderly flow of work within the office; or harming the
goodwill and reputation of the City with its citizens, its customers, its business interests, or
in the community at large. For this reason, employees are subject to the following rules with
respect to their relations with other employees, both on and off duty:
A supervisor shall not engage in any form of romantic relationship with a subordinate
employee as doing so could impair the supervisor’s judgment with respect to the subordinate
or have the appearance of creating or promoting favoritism or special treatment for the
subordinate employee. In addition, employees within the same department shall not engage
with one another in any form of romantic relationship as doing so tends to disrupt the smooth
and orderly flow of work within a department. Any of the relationships prohibited in this
subsection (b) must be promptly disclosed to the Director of Human Resources or to the City
Manager, as appropriate. The employees involved will be given the opportunity to choose
which of them will be reassigned to an alternative position, if feasible and in the City’s best
interests as determined in the City’s sole discretion and where favoritism, special treatment,
and other potential negative effects will not be an issue. Alternatively, one or both employees
may be subject to dismissal, depending upon the nature of the situation. All employees,
especially managers, are reminded that the qualities of good judgment,discretion, and
compliance with guidelines are all taken into account when considering future advancement
opportunities and salary increases.
In addition to the types of relationships prohibited under subsection (b), relationships or
social activity between two or more employees is prohibited if such relationship or activity:
(1) has the potential or effect of involving the employees, their coworkers, or the City in
any kind of dispute or conflict with other employees or third parties that is disruptive
to the workplace;
(2) unreasonably interferes with the work of any employee;
(3) creates a harassing, demeaning, or hostile working environment for any employee;
(4) disrupts the smooth and orderly flow of work within the workplace, or the delivery of
services to the City’s clients or customers;
(5) harms the goodwill and reputation of the City; or
(6) tends to place in doubt the reliability, trustworthiness, or sound judgment of the
persons involved in the relationship.
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Employees who conduct themselves in such a way that their actions and relationships with
each other foreseeably become the object of gossip among others in the office, or cause
unfavorable publicity in the community, should be concerned that their conduct may be
inconsistent with one or more of the above guidelines. In such a situation, the employees
involved should request guidance from the Director of Human Resources or the City
Manager, as appropriate, to discuss the possibility of a resolution that would avoid such
problems. Depending upon the circumstances, failure to seek such guidance may be
considered evidence of intent to conceal a violation of the policy and to hinder an
investigation into the matter.
Friendships and social contacts between employees are not a matter of concern as long as
they are consistent with the above rules and guidelines. Employees may address any
questions on this policy to the Director of Human Resources or the City Manager, as
appropriate.
The terms “dating” and “romantic relationship” as used in this section include, but are not
limited to casual dating, serious dating, casual sexual involvement, and any other conduct
or behavior normally associated with romantic or sexual relationships. This policy applies
only to consensual romantic relationships. Unwanted sexual attention (including but not
limited to physical contact) and sexually oriented behavior with the purpose or effect of
creating an offensive environment is prohibited, and is covered in more detail in Section
101.11 Residency Requirements
101.12 Pre-Employment Screenings and Examinations
Individuals who receive an offer of employment from the City must undergo a drug screening
at a pre-designated laboratory as directed by the City prior to the first day of employment.
The offer of employment is conditional upon the results of the drug screening. The lab work
will be covered at the expense of the City.
When job-related and based on business necessity, certain pre-designated positions may
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also require individuals to take a medical and/or physical examination at City expense given
by a doctor or other health care provider designated by the City. For such positions, the offer
of employment is conditional upon the results of the required examination. The results and
the information obtained regarding medical condition or history will be collected and
maintained in separate forms and in separate medical files and shall be treated as
confidential medical information to the extent required under law. The City Manager, or other
hiring authority, acting upon information such medical/physical testing results, shall be the
final authority in determining medical suitability for employment.
The Texas Commission on Law Enforcement Officer Standards and Education requires that
all peace officers be examined by a licensed psychologist who certifies that they are in
satisfactory psychological and emotional health to the be a police officer. For all Fire
Department employees/volunteers, the Texas Commission of Fire Protection requires a
physical assessment under NFPA 1582.
101.13 Emergency Temporary Appointments
The City Manager may hire temporary employees in cases of emergencies, or unusual or
extraordinary circumstances that create demands for service that exceed the work force
capabilities of the City.
101.14 Promotions and Temporary Promotions
(a) “Promotions” are position changes to classes with higher maximum salaries or wages and/or
positions that carry additional responsibilities. Qualified employees may apply for promotion
to vacant positions when positions are advertised or posted. To be eligible for a promotion,
an employee must meet the current minimum requirements for the vacant position.
(b) Probationary employees are generally not eligible for promotion during the probationary
period. Exceptions may be granted by the City Manager when such promotion is in the best
interest of the City. All promotions within an employee’s current department shall be
documented on appropriate forms and forwarded to the Human Resources Department for
processing.
(c) The following process shall be utilized for promotions:
(1) Application. A current City employee applying for a position outside the employee’s
department must complete a new employment application. If the position is within
the employee’s department, a Consideration for Promotion/Transfer Request Form
(Appendix A-3) may be completed in lieu of the regular Application for Employment
Form (Appendix A-2).
(2) Contacts. The applications submitted by qualified employees shall be delivered to
the Human Resources Department and the department head. The department head
may contact applicants to arrange interviews.
(3) Transfer Dates. If a current employee is selected to fill a vacancy in a different
department, the Human Resources Department shall contact the employee’s current
department head to establish a mutually agreed-upon transfer date, and the City
Manager shall have final authority to establish said date. Promotions must be
effective the first day of a payroll period.
(4) Promotion Initiation and Approval Level. The department in which a transferred
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employee will be placed must initiate a Personnel Action Form (Appendix A-4) to
promote and/or transfer the employee. See additional information in the subsection
below to be stated in the Personnel Action Form if the promotion is temporary. The
signature/approval level for promotions and temporary promotions is the City
Manager.
Temporary or interim promotions may be authorized to ensure the proper performance of
City functions, if a position is vacant or the regular incumbent is absent. Temporary
promotions are intended to be of limited duration and shall not be used to circumvent the
normal selection process. Employees given temporary promotions shall not acquire any
status or rights to the positions to which they are temporarily promoted. Employees
temporarily promoted may receive additional compensation for the duration of the temporary
promotion. In those cases where additional compensation is provided, the City Manager or
department head, as appropriate, must designate the duration of temporary assignment time
period on the Personnel Action Form. Employees may be compensated at the base range
for the temporary assignment position. If an interim promotion becomes permanent, the
employee’s promotion date will be the effective date of the interim promotion.
Exceptions to the procedures in this section may be made by the City Manager when it is in
the best interest of the City.
101.15 Lateral Transfers
A lateral transfer is the assignment of an employee from one position to another position
without a change in compensation. Qualified employees may apply for lateral transfers to
vacant positions when the positions are advertised or posted.
Probationary employees are not eligible for lateral transfer during the probationary period.
Exceptions may be granted by the City Manager when such lateral transfer is in the best
interest of the City.
The transfer process is described below:
(1) Application. Employees applying for positions outside their departments must
complete a new employment application. If the position is within an employee’s
department, a Consideration for Promotion/Transfer Request Form (Appendix A-3)
may be completed in lieu of the regular Application for Employment Form (Appendix
A-2).
(2) Contacts. Qualified employees referred to the Human Resources Department may
be contacted by the department head for interview arrangements.
(3) Transfer Dates. If an employee is selected to fill the vacancy, the Human Resources
Department shall contact the employee’s current department head to establish a
mutually agreed-upon transfer date. The City Manager shall have final authority to
establish said date. Transfers must be effective the first day of a payroll period.
(4) Transfer Initiation. The department in which a transferred employee will be placed
must initiate a Personnel Action Form (Appendix A-4) to transfer the employee. See
additional information in the subsection below to be stated in the Personnel Action
Form if the promotion is temporary.
(5) Transfers. Lateral transfers may be implemented at any time by the City Manager
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for administrative convenience.
(6) Approval Levels. The signature/approval level for lateral transfers is the City
Manager. Approvals will be documented on a Personnel Action Form (Appendix A-
4).
(7) Exceptions to the procedures in this section may be made by the City Manager when
it is in the best interest of the City.
101.16 Demotions
A demotion is the assignment of a City employee from the employee’s currently held position
to a new or different position that provides less compensation. A demotion may occur as a
disciplinary measure or for poor work performance.
Employees qualified to perform lower-level position duties may be approved for
administrative demotion at their own request. Administrative demotions may be alternatives
to layoffs or terminations. Administrative demotions shall not be considered disciplinary
actions nor disqualify employees involved from consideration for later advancement.
Demotions implemented as alternatives to layoffs may be fully or partially rescinded at any
time. Probationary employees generally are not eligible for voluntary demotion during the
probationary period. Exceptions may be granted by the City Manager when such voluntary
demotion is in the best interest of the City.
All demotions must be approved by the City Manager.
101.16.1 Reduction in Pay for Disciplinary Reasons
An employee’s pay for continued performance in the same position may be reduced as a
disciplinary measure. The period covered by this type of disciplinary action may not exceed sixty
days. Any pay reduction for disciplinary reasons must be authorized by the City Manager.
101.17 Re-Hire Eligibility
Former employees of the City who left employment in good standing are considered eligible for
rehire. Former employees of the City who were dismissed for reasons of misconduct or
inadequate performance are considered ineligible for rehire. Upon separation from employment,
the status of eligibility for rehire shall be set forth in a Personnel Action Form (Appendix A-4).
101.18 Employee Orientation
Upon hire, new employees shall go through a thorough orientation about the nature of the
job, the benefits, obligations and responsibilities of the position, and the general policies and
procedures of both the City and the department in which he or she is employed. Depending
on the position, the orientation may be more or less formal, and may require more or less
time. This orientation may be conducted by the Human Resources Department or
department head, as applicable.
In addition, the City shall obtain information needed for insurance programs, determining
citizenship status, etc., such as date of birth, that were not provided for in the application for
employment.
To the extent the following has not occurred before orientation, it should be the first step in
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the employee’s orientation: (1) this Manual should be provided to and read by the employee;
and (2) the employee shall provide the Director of Human Resources with a signed copy of
the acknowledgement form (refer to Appendix A-1).
101.19 Employee Personal Information
Duty to Update. All employees are required, as a part of their employment duties, to furnish
to their department head any change in address and telephone number, and to keep current
a designation of beneficiary form. This information shall be forwarded to the Director of
Human Resources to be filed as a part of the personnel records of the employee.
Public Information Act. Much of the information regarding employees of a governmental
entity such as the City of Anna is subject to disclosure to the public under the Texas Public
Information Act. Upon proper request, all information required to be disclosed under the
Texas Public Information Act shall be released; however, information related to an
employee’s home address, home telephone number, emergency contact information, social
security number or that reveals whether the employee has family members shall not be
released if the employee has requested that such information not be released. Employees
who do not wish the information consisting of their address, home telephone number, or
which reveals whether the employee has family members must notify the Director of Human
Resources of their desire to withhold such information within fourteen days of beginning
employment with the City, and must sign appropriate documentation that expresses such
desire. If no request to withhold is received from an employee, by operation of state law the
information will be subject to public access.
101.20 Internships
Internships provide students with an opportunity to combine work experience and
professional development to enhance their formal education.
The City shall establish and maintain strong collaborative relationships with
colleges/universities for the purpose of providing professional development opportunities to
students interested in careers in local government.
Each year during the budget process, departments may submit to the Human Resources
Department and the City Manager a request for an internship to provide internships for the
following fiscal year. The request must include a description of the goals, objectives for the
assignment and length of the internship. All internships, paid or unpaid, must be approved
by the City Manager and the Human Resources Department.
Internships may be voluntary or paid. Candidates for internships will be required to complete
a pre-employment drug screen and criminal background check as outlined in this Manual for
other employees. Interns will be hired as temporary employees and therefore are not eligible
for any benefits associated with permanent employment with the City.
The hiring supervisor will complete an evaluation of the intern's performance at the
conclusion of their assignment and submit to Human Resources. If the Intern's educational
institution provides an evaluation to be completed for their records, the City's review will be
completed as a supplement to the institution's requirement. Any additional requirements of
the intern's educational institution should also be met.
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102.1 Reference Checks
All requests for information, written or verbal, from persons outside the City concerning job
applicants and/or current, retired, or terminated employees must be referred to the Director
of Human Resources. Examples of requested items shall include, but not be limited to:
(1) Verification of employment for loan and/or credit application;
(2) Verification of employment status;
(3) Salary verification or information;
(4) Verification of work and/or attendance records; and
(5) Prior work history.
The Director of Human Resources shall inform an employee whose information has been
requested. Unless the employee signs a release specifying specific additional information
to be released, the Director of Human Resources will release only the dates of employment,
position held and final salary, subject to any requirement to release additional information if
required by law.
102.2 Recommendations
Letters of Recommendation written for a current, retired or terminated employee must be
approved by the City Manager or his or her designee. A copy of the letter shall become a part of
the employee’s file.
City of Anna
Personnel Policy Manual
Section 102. Reference Checks and Recommendations
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103.1 Probation Period
Every newly employed person is a probationary employee until the employee successfully
completes a probation period of twelve months, unless otherwise specified by department
policy or law. Any newly promoted employee will begin a new probationary period for a
period of six months.
The department heads shall use the probation period to closely observe and evaluate the
work and fitness of employees and to encourage adjustment to their jobs. Only those
employees who have satisfactory job performance and meet the minimum job qualifications
during their probation periods shall be retained.
Satisfactory job performance includes, but is not limited to: regular attendance; punctuality;
proper conduct toward the supervisor, fellow employees, City administration, City Council
and the general public; and satisfactory performance of the duties of the position.
An employee's probation period may be extended up to three more months if, in the opinion
of the department head or the City Manager, such additional time is necessary or warranted
in order to adequately evaluate the employee or to secure any license or certification
required for the position. In the case of appointing or promoting department heads, the
probation period shall be evaluated by the City Manager.
Newly hired and newly promoted employees generally are not eligible for promotion, lateral
transfer or voluntary demotion during the probationary period. Exceptions may be granted
by the City Manager when such promotion, lateral transfer or voluntary demotion is in the
best interest of the City. A newly promoted employee must complete their initial probationary
period followed by the promotional probation period of six months.
Newly hired employees generally are not eligible for paid sick time during the first thirty
(30) days of the probation period. Exceptions may be granted by the City Manager when
such compensation is in the best interest of the City. During the first thirty (30) days of
employment, newly hired employees are not eligible to receive vacation pay, although
vacation time begins accumulating upon the first day of employment. Exceptions may be
granted by the City Manager when such compensation is in the best interest of the City.
The probation period does not modify the “at-will” nature of City employment. During or at
the end of the probation period, the department head may discharge or discipline any
employee at will and such disciplinary action or discharge shall not be subject to any
grievance or other review. Probationary employees are not entitled to a review period.
103.2 Completion of Probation
Department heads shall submit a performance evaluation on each employee to the City
Manager approximately two weeks prior to the completion of the probation period.
City of Anna
Personnel Policy Manual
Section 103. Probation
Page | 40
Notwithstanding subsection (a), an employee may be deemed to have failed their probation
period at any time within the probation period or at the conclusion thereof, in which case the
employee shall be subject to termination, without any recourse to grievance or other review
proceedings. However, the employee may be administratively transferred to a more suitable
position with approval of the City Manager.
103.3 Appeal of Failure of Probation
An employee failing probation shall have no right to appeal except on the grounds of
discrimination or other grounds prohibited by law and City policies, in which case the employee
may appeal in writing to the City Manager within three working days following notice of failure of
probation. The decision of the City Manager shall be final.
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104.1 Attendance/Standard Work Hours/Time Sheets
All employees are expected to be regular in attendance, report to work as scheduled, and
work their scheduled hours and overtime, if necessary. Employees shall be at their place of
work in accordance with City and departmental policies and regulations.
The standard work day will be eight hours exclusive of a one-hour meal period as approved.
Employees in certain departments will often have designated work schedules outside of the
standard work day that may exceed eight hours. . Department heads may provide for
alternative schedules to the standard work day or may authorize alternative work locations
(i.e. work from home) for individuals or groups of employees if necessary or desirable,
subject to written approval of the City Manager which can be modified or withdrawn by the
City Manager at any time.
Unless otherwise authorized, an employee may take no more than two 15-minute rest
periods each full work day if duties permit. Rest periods shall be considered a privilege and
not a right and shall never interfere with the proper performance of the work responsibilities
of each department, and time does not accumulate if not taken.
For pay purposes the work week begins at 12:01 am on Monday and ends at midnight on
the following Sunday. The work week for eligible non-exempt police officer and firefighter
employees runs on a 14-28-day cyclework period. Department heads shall establish work
schedules and maintain daily employee attendance records. All employees are expected to
submit their approved time sheet signed by their supervisor according to departmental
policies; failure to provide a time sheet at the time specified by the supervisor may result in
a delay in an employee receiving some or all of the compensation due for time worked. The
Finance Department will maintain annual employee attendance records.
104.2 Work Standards
Employees while on duty are at all times individually responsible for conducting themselves
in a professional and ethical manner and for treating coworkers and members of the public
with respect and dignity. The intent of this policy is to make a clear statement that
unprofessional and abusive behavior will not be tolerated in the workplace. In addition to the
provisions in this Manual, employees are responsible for complying with any other federal
and state laws or regulations and local ordinances governing their conduct.
Grounds for immediate dismissal of an employee may include, but are not limited to:
(1) Use of intoxicants or controlled substance while on duty, or reporting for duty while
under the influence of intoxicants or otherwise violating any polices related to
controlled substances or substance abuse;
City of Anna
Personnel Policy Manual
Section 104. Code of Conduct
Page | 42
(2) Unauthorized possession of firearms, explosives or any dangerous weapons at any
time, on any City property (including, but not limited to parking lots and City vehicles,
except as authorized by state law for concealed handgun permit holders transporting
or storing a firearm in a locked and privately owned motor vehicle in accordance with
the Texas Labor Code, Chapter 52, and other applicable law) or while performing
City work;
(3) Conviction of a felony (a plea of no contest will be considered a conviction for the
purpose of this section); or crimes involving moral turpitude or dishonesty which can
include, but are not be limited to, certain misdemeanors, depending on the
circumstances;
(4) Absence without leave for a full work day or more, with or without notice by the
employee, or absence for a serious medical condition for more than twelve weeks
unless such circumstances are in compliance with laws, including the Family Medical
Leave Act to the extent applicable;
(5) Insubordination or refusal to obey a just order, including, but not limited to, neglect
of duty, refusal or failure to obey orders or instructions in the line of duty, public
disrespect displayed toward a supervisor or the City while performing work for the
City, abusive language to any supervisor, and refusal to sign a form acknowledging
receipt of any documentation provided by the City to the employee if the
documentation is accompanied by a statement indicating that the signature is not an
admission of guilt;
(6) Fighting, threat of violence, horseplay (even if consensual) or any unnecessary
intimidating conduct or unreasonable disruption in the workplace;
(7) Bullying of any employee or official of the City, including but not limited to peers,
subordinates, or supervisors;
(8) Willful or reckless misuse, destruction, theft or conversion of City property, whether
on or off duty, including, but not limited to, destruction, misappropriation or removal
of City property (including files and work documents) or the property of employees,
clients or customers;
(9) Falsification or unlawful destruction or use of official documents or records;
(10) Repeated or habitual absenteeism, even if excused, or tardiness;
(11) Abuse or unauthorized use of sick leave
(12) Substandard performance, inability or unwillingness to perform the essential
functions of the position with or without reasonable accommodations;
(13) Misconduct or mismanagement of a position of employment by action or inaction,
neglect that jeopardizes the life or property of another, intentional wrongdoing,
intentional violation of a law or violation of a policy or rule adopted to ensure the
orderly work and safety of employees;
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(14) Engaging in activities other than assigned work during working hours and/or while
operating City equipment, without advance approval by the employee’s supervisor;
(15) Use of City property or time for personal financial gain or personal enjoyment;
(16) Failure to report occupational injuries or accidents promptly to the employee’s
supervisor, including but not limited to motor vehicle accidents in a City vehicle;
(17) Violation of the ordinances of the City or of the City’s personnel policies;
(18) Non-compliance with any written or established departmental policy; or
(19) Any reason or no reason as deemed appropriate by the City Manager.
The City will make reasonable efforts to establish a positive working climate in which
employees may function. Management must maintain efficiency within its operations and
must determine the methods by which functional areas accomplish their objectives.
Management also must schedule work events and employees to accomplish its mission.
It shall be the duty of each employee to maintain high standards of cooperation, proficiency,
and economy in their work for the City. Employees are expected to conduct their personal
business in such a manner as to cause little interference with individual or group work
performance. This includes personal visits of friends and relatives, phone calls, and requests
for absence from work for personal, financial, medical, or other reasons. If work habits,
attitude, production, and or personal conduct of an employee become a problem,
supervisors should take appropriate action at that time.
Paid time off may be provided to conduct personnel-related business such as Workers’
Compensation claims, promotion and transfer applications, discrimination complaints,
grievances and insurance claims. These activities may be accomplished during working
hours only with knowledge and approval of the employee’s supervisor.
104.3 Political Activities
Employees may exercise their rights as citizens to express their opinions and vote in
elections subject to the following:
(1) Employees may not make, solicit or receive any contribution for any candidate for
public office in the City, or take part in the management, affairs or political campaign
of such candidate.
(2) Employees may not use their position as a City employee to actively campaign for,
or against, political issues or candidates.
(3) Employees may not campaign for or against any candidate for elective office at the
city, county, state or federal level, or any voter proposition of the City of Anna, during
normal work hours or at any City place of work, whether they are off duty at the time.
Nor may any employee represent themselves as supporting or opposing any such
candidate or voter proposition using their City employment, title, uniform, or authority.
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If any employee of the City shall become a candidate for nomination or election to any
elective public office for the City, then that employee shall immediately forfeit his or her place
or position with the City.
Any City employee who is subject to the provisions of the Federal Hatch Act may not be a
candidate for elective office in a partisan election. (A partisan election is an election in which
candidates are to be nominated or elected to represent a party whose candidates for
presidential electors received votes in the last preceding election at which presidential
electors were selected.) City employees are subject to this additional Hatch Act restriction if
their principal employment is in connection with an activity which is financed in whole or in
part by loans or grants made by the federal government.
104.3.1 Requests for Public Information
Unless an employee is otherwise directed by the employee’s department head in writing as
part of a written departmental policy that permits the employee to release specific categories
of records or information to the public, the employee shall follow the procedures set forth in
this section whenever an employee receives a written request for public information.
If an employee receives what appears to be a request for public information via email the
employee should respond only by reply email. If the employee receives such a request via
facsimile, the employee should respond only via facsimile. The content of the employee’s
response to a request received via email or facsimile shall be as follows, including the correct
date and time of the email or fax in the blanks:
Please be advised that if the email/fax that I received on
, 20 , at .m. was intended to be a request for public information,
I am not an authorized officer for public information for the City of Anna and therefore
I cannot respond to the request. A request for public information may be sent to the
City Secretary in accordance with The Anna City Code of Ordinances, Part II, Art. 48,
Sec. 8. The Code can be accessed at www.annatexas.gov or by sending a written
request for the Code to the City Secretary. If you have questions about this, please
direct them to the City Secretary. Thank you for your cooperation.
If an employee continues to receive additional requests for information by email or faxfrom
the same requestor after the employee has provided the requestor with the response set
forth above, or if the employee receives any harassing or threatening communications or
has any questions regarding how to handle a request, the employee should report to their
supervisor or department head as soon as possible.
If an employee receives a written request for information that was submitted other than by
email or fax (e.g., hand delivery, regular mail, courier, etc.) the employee shall promptly
(same day as receipt if at all possible) provide the request to the employee’s department
head.
Department heads shall follow the same instruction set forth above as set forth above in this
section, except that if a department head is the recipient of a written request for public
information submitted other than by email or fax (or if a subordinate provides you with a
request submitted to them by means other than by email or fax), the department head shall
promptly (same day as receipt if at all possible) forward the request to the City Secretary.
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Certain exception to this section may apply if a department head has already established
and the City Manager has already approved a routine policy that allows the release of
specific categories of information (e.g., release of accident reports by the Police
Department). If a department head desires to establish a special policy that differs in any
manner from the procedures set forth in this section, the department head shall draft a
proposed departmental policy describing same and shall submit it to the City Manager for
review. If approved in writing by the City Manager, the special policy shall be distributed to
all employees in the department and it shall take precedence over the procedures in this
section to the extent of any conflict.
104.3.2 Communications with the Public and the News Media
Communication with the public regarding City matters is the primarily the responsibility of
the City Manager. Employees are to refer inquiries that are non-routine, controversial, or
outside the scope of the employee's normal duties to their department head who shall
consult with the City Manager. All inquiries/communications from the media or regulatory
officials should be directed to the City Manager, appropriate department heads and/or the
Communications Manager. city communications team.
Any employee who, in the course and scope of employment, receives a news media inquiry
or request for a media interview concerning City affairs shall immediately refer the inquiry to
his/her department head and the city communication teamCommunications Manager.
Employees in the course and scope of employment duties shall not provide the City’s
position in response to a media inquiry without prior authorization from his/her department
head Communications Manager city communications team or the City Manager. Before
responding to a media inquiry or interview request, the department head shall notify the City
Manager and/or the Communications Manager city communication team of the inquiry. The
City Manager has discretion to conduct official communications with the news media when
it is in the best interest of the City.
104.3.3 Communications with City Council Members
Except for the purpose of inquiries and investigations as provided by the City Charter, City
Council members must deal with City officers and employees who are subject to the direction
and supervision of the City Manager solely through the City Manager. A City Council
member may not give orders to any such officer or employee either publicly or privately
except as otherwise provided in the Charter. Any communication by employees or volunteers
with City Council members that circumvents or attempts to circumvent the authorities and/or
duties of the City Manager in violation of the City Charter or these Personnel Policies is
prohibited.
It is important that when requested, members of the City Council have access to complete,
accurate and factually correct information regarding City operations. In response to
information requests from City Council Members, the following procedures apply:
(1) Any employee or volunteer contacted by a member of the City Council shall promptly
notify his or her supervisor and Department Director. Department Directors shall
promptly notify the City Manager.
(2) Department Directors shall immediately notify the City Manager when a request from
a City Council Member is received. Information requested by City Council members
will be provided consistent with the requirements of the Texas Public Information
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Act. Absent extraordinary circumstances, any information provided to one City
Council Member shall be available to each member of the City Council. The City
Manager and City Secretary will also receive copies of all information provided to
City Council Members.
Employees or volunteers who violate this Section or fail to follow the procedures outlined in
this Section will be subject to disciplinary action up to and including termination of
employment.
For additional information on communication with City Council members, reference the
Governance Guide 2021 and Ordinance 930-2021.
104.4 Solicitation
Employees may not solicit other fellow employees or citizens while working or while their
fellow employee is working. “Working” is all times when an employee is engaged in work
tasks, but does not include an employee’s own time such as lunch breaks, scheduled
breaks, and before/after work. In addition, solicitation for goods or services at counters or
any location where customers are present is prohibited.
In some instances, the City may consider the collection of money for particular causes or
collecting money for gifts for special events as appropriate. Such approval must be granted
by the department head or the City Manager. No employee shall be required to make any
contribution or shall be penalized or rewarded in any way in connection with their
employment according to their response to the solicitation.
The City does not allow employees to distribute advertising materials, handbills, printed or
written literature of any kind in work locations. The City does not allow employees to engage
in personal commerce of any kind while on the job or during working hours. The City does
not promote, encourage or endorse private business relationships or arrangements between
City employees. City bulletin boards may be provided for promoting items of public interest
to the citizens of Anna. City administration reserves the right to remove any literature
deemed to be inappropriate.
104.5 Outside Employment
Each full-time employee of the City shall understand that his/her position with the City is his
or her primary occupation and it shall take precedence over all outside employment at all
times. The same principle applies to any City employees that receive employment benefits
from the City.
An employee who is working another job at the time of hire, and who intends to continue the
outside employment, must so advise the appropriate department head or designee and
receive approval to continue the outside employment.
An employee may be employed in any capacity in any other business, trade, occupation or
profession, including self-employment, provided that prior written approval of the department
head is secured. Such approval must be placed in the employee’s personnel file. Failure to
acquire prior approval is grounds for disciplinary action.
When engaged in outside employment, the employee must notify the department head in
writing of the place and type of employment or business, and the hours of work. An
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employee whose position with the City requires an “on-call” status shall recognize such
status as an obligation to the City, and shall fulfill that obligation if called to work for the City
during these hours even while working on the second job.
Outside employment shall not be permitted if it will bring the City into disrepute, reflect
discredit upon the employee as an employee of the City, or interfere with the performance
of the employee’s City duties.
An employee shall not perform any outside work or engage in extra-duty employment at any
time when the employee is on leave from the City for paid injury leave, paid sick leave or is
on leave due to a serious medical condition without advance approval by the employee’s
department head, who shall consult with the City Manager.
No employee shall engage in any employment or business where the work performed by
the employee, or that of the employee’s agents or employees, is subject to
approval/rejection, inspection or licensing by the City, except pursuant to authorized
department policies. An employee is not automatically prohibited from performing the same
or other services, that he or she performs for the City, for a private or public organization,
provided that there is no conflict with his or her employment or performance as a City
employee and advance written approval has been given by the department head.
No employee shall engage in any employment or business on a matter that is, or has been,
the subject of an investigation by the employee’s department within the last twelve (12)
months, nor may the employee appear as a witness, except by court order, in any
proceeding as a result of such employment.
No employee shall identify himself with his position, department, or the City in the course of
a sale or solicitation for sale of any goods or services or the advocacy of any policy, practice,
standard or position not officially sanctioned by the City.
No employee at any time shall use or utilize City property, equipment, goods or services in
the performance of outside employment.
Department heads are prohibited from engaging in any form of outside employment, except
as may be specifically approved in writing by the City Manager.
An employee of the City who holds another office of emolument or position of honor, trust
or profit shall be subject to the provisions of the Texas Constitution, Art. XIV, § 40.
104.6 Health and Fitness
It is the continuing responsibility of each employee to maintain the standards of physical and
mental health fitness required for performing the essential duties of his or her position. An
employee who becomes aware of a physical or mental disability, which may affect his ability
to perform the essential duties of his assigned position, must inform his immediate
supervisor and/or department head. An employee may be required to submit to a health
examination, such as in cases when it is suspected that the health condition of an employee
constitutes a hazard to persons or property, or prevents the employee from effectively
performing his or her essential assigned duties. Authorization for disclosure of all reports to
the City, including contacting and discussing health-related issues with any physician or
health care provider shall be a condition of continued employment with the City, to the extent
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not prohibited by law. The City also may require employees to return to a physician or health
care provider for additional evaluation or information. If an employee is unable to perform
the essential duties of his assigned position, reasonable accommodations, if available, shall
be made by the City to provide for the employee to perform such duties, provided that such
accommodations would not cause an undue burden. If a reasonable accommodation cannot
be made without undue burden to the City, and the employee is unable to perform the
essential duties of the assigned position, the employee may be terminated.
Department heads may require periodic special examinations to qualify for continued
employment in the specific job classification when warranted by changes in the essential job
functions or potential changes in the employee’s ability to perform the essential job functions.
A City designated physician will perform any physical or medical examination. The City will
pay for the examination. Correction or treatment of conditions diagnosed during these
examinations will be the employee’s responsibility and may or may not be covered by
insurance benefits provided through the City’s employee health coverage.
The City may also require a physical examination by its physician before authorizing an
employee to return to work following either an on-the-job or an off-the-job injury or other
incapacity of the employee that has required the employee to take leave from their job duties.
104.6.1 Tobacco Free Workplace
Smoking is prohibited in the following locations:
(1) within all buildings that are owned, leased, controlled or operated by the City and
any political subdivision of the state;
(2) on any lot or tract owned by the City of any political subdivision of the state, and on
which there is a building described in subsection (a) above or on which there is any
improvement that is used in connection with a building described in subsection (a)
above, including but not limited to porches, balconies, stairs, and parking lots;
(3) in all public parks and public recreation areas that are owned or operated by the City
or any political subdivision of the state, including but not limited to recreation fields,
athletic fields and stadiums, stadium seating and bleachers, trails, pools, pavilions,
playground and recreation equipment, concession stands, parking lots and
restrooms; and
(4) at any location where smoking is prohibited by any ordinance or regulation adopted
by the City Council, or this Manual.
Notwithstanding the prohibitions in subsection (a) above, smoking is not prohibited in
personal automobiles, public rights-of way, and public sidewalks located within public rights-
of-way, except as otherwise prohibited by City Ordinance or this Manual.
Smoking and the use of smokeless tobacco products, including but not limited to Electronic
cigarettes, by employees and volunteers may occur only before and after work hours, during
designated breaks set by the supervisor, and during lunch breaks. The use of any tobacco
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products (smoke or smokeless) and Electronic cigarettes by employees and volunteers is
prohibited in any City owned building, vehicle, or piece of equipment, and in locations that
are accessible or visible to the general public. The for purpose of this section, “Electronic
cigarette” or “e- cigarette” means an electronic device usually composed of a mouthpiece, a
heating element or atomizer, a battery, and electronic circuits that provides a gas derived
from liquid nicotine and/or other substances which is inhaled by a user simulating smoking.
The term includes such devices, regardless of the details of the product appearance or
marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other
smoking devices.
104.7 Financial Obligations
No person who, after notice of any delinquency, is in arrears in the payment of taxes or any
other liabilities due the City, is qualified to hold any compensative position with the City. Failure
to pay other just debts may constitute grounds for disciplinary action if job performance is
directly or indirectly impeded.
104.8 Conflict of Interest/Gifts
No current employee of the City, or relative, shall recommend, participate in the decision,
including voting or discussion, or participate in the monitoring or fulfilling obligations of any
contract (whether oral or written) for materials, supplies, or service with the City, nor in any
sale of any rights or interest in land, if the officer, employee, or relative has a substantial
financial interest in such contract rights or interest in land. In such event, the officer or
employee of the City shall sign an affidavit specifying the financial interest, to be filed with
the City Secretary prior to any discussion on the item.
A “substantial financial interest” for the purposes of this section requires that the employee
receive an actual financial benefit from the transaction with the City. An “actual financial
benefit from the transaction” shall not include:
(1) ownership in the entity transacting with the City where the ownership interest is less
than one percent (1%);
(2) Compensation as an employee, officer, or director of the entity transacting with the
City where the employee can prove that such compensation is not affected by the
entity’s transaction with the City; or
(3) An investment or ownership in a publicly-held company in an amount less than ten
thousand dollars ($10,000.00).
An employee may not:
(1) represent or appear on behalf of the private interests of others before any agency of
the City or any City board, commission or committee, represent any private interest
of others in any action or proceeding involving the City, or voluntarily participate on
behalf of others in any litigation to which the City might be party;
(2) accept or solicit any gift, favor, service, or other thing of value that might reasonably
tend to influence the employee in the discharge of his or her duties, or that the
employee knows or reasonably should know is being offered with the intent to
influence the employee's official conduct;
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(3) use their position as a City employee to secure special privileges or exemptions for
the employee or others;
(4) grant any special consideration, treatment, or advantage to any citizen, individual,
business organization or group beyond that which is normally available to every
other citizen, individual, business organization or group;
(5) engage in any outside activities that will conflict with or will be incompatible with the
individual’s position as an officer of the City, the duties of employment with the City,
or in which employment with the City will give the employee an advantage over
others engaged in a similar business, vocation or activity if the advantage is due to
knowledge that the employee has obtained that is not subject to disclosure to the
general public;
(6) accept other employment or engage in a business or professional activity that the
employee might reasonably expect would require or induce the employee to disclose
confidential information acquired by reason of the official position;
(7) accept other employment or compensation that could reasonably be expected to
impair the employee's independence of judgment in the performance of the
employee's official duties;
(8) make personal investments that could reasonably be expected to create a
substantial conflict between the employee's private interest and the public interest;
or
(9) intentionally or knowingly solicit, accept, or agree to accept any benefit for having
exercised the employee's official powers or performed the employee's official duties
in favor of another.
Notwithstanding any provision of this section to the contrary, employees may not accept gifts
in any value from persons, entities, organizations or corporations doing business with the
City.
Any willful violation of any provision of this section shall subject the employee to discipline
up to and including termination.
Except as specifically prohibited in this section, an employee is not prohibited from:
(1) attending social functions, ground breakings, or civic events pertinent to the public
relations and operations of the City;
(2) exchanging gifts with his or her family and relatives;
(3) exchanging gifts at church functions or City parties or functions where only City
officers and employees and their families are invited or attend; or
(4) exchanging gifts at or receiving a bonus from his or her place of full-time employment;
(5) accepting a non-monetary gift with a value of no more than $50.00 or products or
items to be used in an officially recognized activity of the City or department
sponsored services; or
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(6) exchanging gifts between co-workers in recognition of special milestones in an
employee’s life or career.
104.9 Professional Decorum
All employees must adhere to high standards of public service that emphasize
professionalism, courtesy, and avoidance of even the appearance of illegal or unethical
conduct. The attitude and demeanor of a City employee, whether in public or private, should
at all times be such as to promote the good will and favorable attitude of the public toward
the City administration and its programs and policies. Employees should be mindful that
public perception, even if incorrect, can greatly influence events and decisions, and
employees should thus avoid anything that gives the appearance of improper conduct.
The actions of one employee impact the credibility of all other employees either in a positive
or negative manner. Employees should always strive to conduct themselves in a positive
manner. If an employee is uncomfortable with any decision or contemplated action, he/she
should seek guidance regarding the propriety of the action. Similarly, if employees become
aware of known or suspected wrongdoing on the part of another employee they should
report that action or activity to their supervisor/manager, the Human Resources Department
or the City Manager immediately.
104.10 RESERVED
104.10104.11 Harassment and Sexual Harassment Prevention and Disciplinary Policy
No-Harassment Policy. The City’s policy is to provide equal employment opportunities to
persons without regard to age, race, religion, color, gender, sexual orientation, national
origin, marital status, mental or physical disability, genetics, veteran’s status, or other
protected status in accordance with applicable laws. It is also the City’s policy that
employees have a right to work in an environment where each individual is respected.
Harassment of employees, regardless of working relationships or supervisory status, is
prohibited. Every employee is responsible for maintaining a professional environment free
of discrimination, harassment, and retaliation, and for bringing to the City’s attention
incidents that interfere with providing a work environment free of such prohibited conduct.
Employees who are found to have engaged in prohibited conduct will be subject to discipline,
up to and including discharge. Discrimination against any person in recruitment,
examination, selection, appointment, rate of pay, promotion and transfer, retention, daily
working conditions, testing and training, awards, compensation and benefits, disciplinary
actions, or any other aspect of employment because of age, race, religion, sex, national
origin, marital status, citizenship, mental or physical disability, genetics, veteran status, or
other unlawful basis is prohibited. All City employees at every level are entitled to a
workplace free of unlawful harassment by management, supervisors, co-workers, citizens,
vendors and visitors. City employees are also prohibited from harassing citizens, vendors,
and all other third parties.
Sexual Harassment. One form of unlawful discrimination is sexual harassment. The City is
committed to providing a work environment that is free of sexual harassment. Sexual
harassment may include, but is not limited to unwelcome sexual advances, requests for
sexual favors, and other verbal or non-verbal communication or physical conduct of a sexual
nature where:
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(1) submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment, or
(2) submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive work
environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve
individuals of the same or different gender. It may be directed by a manager to a subordinate,
manager-to-manager, or co-worker-to-co-worker. Conduct prohibited by this policy includes,
but is not limited to: sexual advances; requests for sexual favors; sexual jokes and innuendo;
verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess,
sexual preference, sexual experiences, or sexual deficiencies; leering, whistling, or touching;
insulting or obscene comments or gestures; display in the workplace of sexually suggestive
objects or pictures; and other physical, verbal, or visual conduct of a sexual nature.
Other Prohibited Harassment. In addition to the City’s prohibition against sexual harassment,
harassment on the basis of any other legally protected characteristic is also strictly
prohibited. This means that verbal or non-verbal communication or physical conduct that
singles out, denigrates, or shows hostility or aversion toward someone because of race,
religion, color, national origin, age, disability, genetics, veteran status, citizenship, or any
other characteristic protected by law is also prohibited.
(1) Prohibited conduct includes but is not limited to epithets, slurs and negative
stereotyping; threatening, intimidating, or hostile conduct; denigrating jokes,
comments, writings, or pictures any of which single out, denigrate, or show hostility
or aversion toward someone on the basis of a protected characteristic. Conduct,
comments, or innuendoes likely to be perceived by others as offensive and related
to such protected characteristics are wholly inappropriate and are strictly prohibited.
Conduct, comments, or innuendoes—related to protected characteristics—by an
employee reasonably believing same will not be perceived by others as offensive
may still result in disciplinary action if the employee is advised that such conduct,
comments, or innuendo is offense or unwelcome and the employee persists in such
conduct, comments, or innuendo.
(2) This policy also prohibits sending, showing, sharing, or distributing in any form,
inappropriate jokes, pictures, comics, stories, etc., by means such as facsimile, e-
mail, texting, cell phone or other electronic devices, social media, and/or the Internet.
Harassment of any nature, when based on race, religion, color, sex, national origin,
age, disability, genetics, veteran status, citizenship or any other characteristic
protected by law is prohibited and will not be tolerated.
Mandatory Reporting. The City requires that all employees, including supervisors and
department heads, report all perceived incidents of unlawful discrimination, harassment, or
retaliation, regardless of the offender’s identity or position. Any employee who observes or
otherwise learns of harassment in the workplace, believes that harassment has occurred, or
has been subjected to conduct prohibited by this policy must report it as soon as possible—
and no later than three business days absent justifiable circumstances—to the to the
department head, Director of Human Resources, or City manager. Under this policy, an
employee may report to and/or contact the Director of Human Resources or department
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directly, or the City Manager directly, without regard to the employee’s normal chain of
command. If making a report of unlawful harassment or discrimination, employees are
encouraged to use the Discrimination/Harassment/Sexual Harassment Complaint Form
(refer to Appendix A-5). Any supervisor or department head who receives a complaint of
such conduct must, without undue delay, notify the human resources director so that an
investigation into the allegations may be commenced.
(1) City employees are expected and encouraged to promptly raise
questions and report conduct that they believe may be prohibited
conduct, or conduct that, if left unchecked, may rise to the level of
unlawful discrimination, harassment, or retaliation, even if an
employee is unsure if the conduct violates the City’s policy.
(2) City employees who wish to informally share or obtain information
about perceived prohibited conduct without filing a formal
complaint are expected and encouraged to promptly bring
concerns to the to the department head, human resources director,
or City manager.
(3) A City employee who submits a report, a witness who provides
information regarding a report, and alleged violator will be kept
confidential to the extent possible and permitted by law, consistent
with a thorough and impartial investigation.
Investigation. All reports (verbal, written, or anonymous) of prohibited conduct will be treated
seriously and investigated promptly thoroughly, and impartially. Information obtained during
an investigation will be kept confidential to the extent consistent with a thorough and
impartial investigation and to the extent permitted by law. The investigative process may
include interview of the person that is the subject of the report of the harassment, the
accuser, the accused, and other persons that are witnesses or who have relevant
knowledge. The investigation shall be conducted by the Director of Human Resources or
the City Manager as appropriate. Notwithstanding the foregoing, there may be some
circumstances under which the investigation will be conducted by the office of the City
Attorney. The investigation may include individual interviews with the parties involved and,
where necessary, with individuals who may have other relevant knowledge. All employees
are required to cooperate with the investigation and to maintain confidentiality. If the
investigation confirms evidence of prohibited conduct under this policy, the supervisor or
department head shall take immediate and appropriate corrective action and enforce
discipline as set out in subsection (g), below.
Retaliation Prohibited. Retaliation against employees who make a good faith charge or report
of prohibited conduct or who assist in a complainant’s investigation is prohibited. The City
strictly prohibits supervisors or managers from conditioning employment or making
employment decisions based on an employee’s tolerance of or resistance to harassment.
Acts of retaliation must be reported immediately as set out above in subsection (d).
(1) “Retaliation” is broadly construed to mean any adverse action
against an employee for opposing harassment or discrimination. It
may include any on-duty or off-duty conduct, whether related to
employment or not, that could discourage an employee from
making a complaint or testifying, assisting or participating in an
investigation or hearing under this policy. It may also include such
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conduct as “cold shoulder” treatment, changing job duties, failing
to cooperate, or treating an employee rudely because he or she
has made a complaint, or testified, assisted or participated in an
investigation or hearing, resisted sexual advances, or intervened
to protect other employees from such prohibited conduct.
(2) Violation of this policy by an employee will result in appropriate
disciplinary action, up to and including immediate discharge. The
City may also require an employee who has violated this policy to
receive appropriate training on harassment, retaliation, or other
issues related to the conduct, at the employee’s expense.
Discipline. Conduct prohibited by this policy is of a very serious nature and will be dealt with
appropriately. Discrimination and harassment are very serious matters that can have far-
reaching, immediate and long-lasting impacts on the lives and careers of individuals.
Intentionally false accusations or accusations not made in good faith can have a similar
impact. Both a person who is found to have engaged in unlawful harassment or retaliation
under this policy, and a person who knowingly and intentionally files a false complaint under
this policy, are subject to immediate and proportionate discipline. Discipline, up to and
including termination, will be imposed on any employee who is found to have engaged in
conduct prohibited by this policy. Likewise, disciplinary action up to and including termination
may be imposed when employees are untruthful during an investigation.
This policy (Section 104.11) extends to non-employees such as suppliers, contractors, City
Council members, appointed officials, sales representatives, and job applicants, who may
either be complainants or persons against whom a complaint is made. The City Manager or
Human Resources Department, as appropriate, shall promptly notify any person of any
complaints made against them.
At least annually, City employees, including supervisors and department heads, are required
to attend and participate in interactive anti-harassment training to ensure employee
understanding of the City’s harassment policies, procedures, expectations, and
consequences of misconduct. Additionally, the City may solicit information from employees
through anonymous surveys regarding employee awareness of and confidence in the City’s
harassment policies and complaint procedures. City employees who wish to offer
suggestions or ask questions regarding the City’s policies are encouraged to submit such
communications to the Director of Human Resources or the City Manager as appropriate.
104.11104.12 Indictments Against Employee
An employee may be suspended and placed on administrative leave, with or without pay, if
accused or indicted for a crime of official misconduct or any felony crime or Class A
misdemeanor pending a decision on the indictment such as dismissal, acquittal or conviction.
If the indictment is dismissed or if the employee is acquitted, the employee could still be
subject to disciplinary action up to and including termination, depending on the circumstances.
If the indictment is upheld, and the employee is convicted, then the employee, depending upon
the severity of the crime, will be subject to disciplinary action up to and including termination.
This provision in no way prevents the City from taking appropriate disciplinary action against
an employee in the absence of an accusation or indictment for a crime of official misconduct or
any felony crime or Class A misdemeanor.
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104.12104.13 Violence in the Workplace
The City has a strong commitment to its employees to provide a safe, healthy and secure
work environment. The City also expects its employees to maintain a high level of
productivity and efficiency. The presence of unauthorized weapons and/or the occurrence
of violent, hostile, abusive, or intimidating behavior in the workplace during working hours
are inconsistent with these objectives. The City expects all employees to report to their work
site without possessing weapons (with the exception of law enforcement employees
authorized in writing to carry weapons, or transportation and storage of a firearm in a locked
and privately owned motor vehicle by an employee who is a concealed handgun permit
holder to the extent authorized by state law) and to perform their job without engaging in any
of the behaviors described herein toward any other individual. The City will not tolerate any
conduct or behavior, whether intentional or not, that is determined to be threatening,
intimidating or coercive.
Any person who acts or speaks in a violent or threatening manner will be removed from the
City’s premises as quickly as safety permits. Any employee who engages in violent or
threatening speech or behavior may be subject to disciplinary action up to and including
termination, criminal penalties, or both.
At the City’s sole discretion, employees and/or the public may be barred from City premises
pending the outcome of an investigation. Employees barred from City premises on this basis
will be placed on either paid or unpaid administrative leave, at the discretion of the City
Manager.
The City has zero tolerance for violence or threats of violence between or by employees,
officials, or representatives of the City, whether conducted on or off City premises. This
policy and attached procedures shall apply to all employees, officials and representatives of
the City. Employees who are victims of, or witnesses to, behaviors described herein should
immediately report such conduct to their supervisors. If an employee’s immediate supervisor
is the person making the threats or exhibiting the violent behavior, the employee should
immediately report such conduct to the department head or the City Manager, as
appropriate.
If an employee is injured while participating in aggressive behavior or after instigating such
behavior, then entitlement to workers' compensation benefits may be denied. No part of this
policy, or any procedure herein, is intended to affect the City's right to manage or control its
work force, or be construed as a guarantee or contract of employment or continued
employment.
104.13104.14 Workplace Bullying
The City is dedicated to maintaining a psychologically healthy work environment which is
free of bullying activity. For the purposes of this policy, “workplace bullying” is defined as
repeated mistreatment of one or more persons by means including, but not limited to: verbal
abuse; threatening, humiliating, intimidating, or offensive remarks, conduct, or behaviors,
whether verbal or nonverbal; infliction of social ostracism, such as through starting or
spreading destructive rumors or gossip; conduct representing coercion as defined by the
Texas Penal Code; or conduct intended to interfere with an employee’s ability to perform
their job duties (work interference or sabotage).
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The City will not tolerate workplace bullying among its employees. Any employee who feels
that they have been or are being targeted by workplace bullying should report such activity
to their immediate supervisor, or if that supervisor is the source of the bullying, to the next
appropriate person within the City chain of command. Retaliation of any sort is not
acceptable and may result in disciplinary action in the discretion of the City Manager.
Supervisors receiving reports of workplace bullying must confidentially contact the reporting
employee to investigate. Supervisors must memorialize the results of their investigation in a
written report, including the names of all witnesses to the alleged bullying behavior (whether
employees or nonemployees), dates and times of the events constituting bullying, and a
description of the objectionable behavior in the greatest possible detail. Once complete, the
report should be forwarded to the department head and the City Manager for review and
possible disciplinary action.
Every employee of the City deserves respectful treatment in the workplace. An employee
who is found to have engaged in workplace bullying may be subject to discipline up to and
including termination.
104.14104.15 City Logo Use
The City’s logos, emblems and images (collectively “Logo(s)”) are exclusively the property of the
City and the City is the owner of all rights to the Logo. Employees may not use Logos other than
for official and authorized City business or operations. It is the policy of the City to exercise due
diligence to assure that misuse of its Logo by third parties (and other approved Logos representing
the City such as Police and Fire, and the City development corporations) does not occur or is
corrected, and that the Logo shall not be used by any third party for any purpose without express
written authorization of the City Manager. Such written authorization will be in the form of a grant
of a temporary, limited and nonexclusive license to use the Logo. Requests for such use shall be
made by third parties on an application form to be provided by the City Secretary’s office. Any
unauthorized use of the Logo by any third party will be referred to the City Attorney for review and
action. The City will determine standard City Logo apparel and other approved Logos representing
the City, such as the Police and Fire Department, when and who should be wearing such apparel.
The City requires each employee’s choice of attire to be appropriate and in good taste for business
as stated in this manual.
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105.1 Compensation Plan and Philosophy
The City will, within its financial capability, provide equitable compensation for all employees
in the form of pay and benefits, but differences will exist based on factors including the
nature, category and classification of each position.
Salary reviews may be conducted annually, and wage or salary modifications may be based
on performance and the employee’s contributions to the overall mission of the City, as well
as on cost of living. In the event of promotion, the anniversary date for salary review is the
date of promotion.
All City pay ranges and job relationships may be reviewed annually. The City Manager may
recommend blanket changes in the compensation plan to adjust salaries for individual
positions as is necessary to keep the compensation plan current and competitive with other
employees of the same personnel class. Recommended changes in the compensation plan
will be included in the annual budget and become effective upon City Council approval of
the budget. The City reserves the right to determine if and when the changes can be applied
based upon budgetary realities.
Compensation Philosophy: This philosophy would include the following elements, defined
as follows:
(1) Philosophy 1: Establish the market, defined as cities located in whole or in part in
Collin County, as these cities are the competition for employment in our region.
(2) Philosophy 2: Maintain pay ranges and step plans with the intent on being relevant
and competitive in the Collin County Market, reviewing these for such annually,
working towards the 50th percentile, weighted for organizational size and population
served.
(3) Philosophy 3: Maintain a merit system of compensation, whereby employees are
compensated for performance, targeted at 3.5% maximum for the highest
performance rating, providing for performance improvement plans and deferrals for
low performers not meeting expectations, yet encouraging excellence by tying salary
increases to performance.
(4) Philosophy 4: Maintain a retention system, for encouraging senior and long-term
employees, rewarding longevity, consistent with system internal equities, inclusive
of longevity pay, incremental adjustments based on tenure, and lump sum payment
when achieving the top of scale or step, not to exceed $2,000.
(5) Philosophy 5: Maintain a promotional vacancy practice providing for no less than 5%
increase for promotions (or the next highest step, if in a step plan)
(6) Philosophy 6: All stated strategies herein are subject to annual funding availability,
and not a guarantee of future compensation.
105.2 New Hires
City of Anna
Personnel Policy Manual
Section 105. Compensation & Performance Evaluations
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In establishing new hiring rates, consideration will be given to the position in range as to
whether it allows sufficient room for future growth and its relationship to rates paid to similarly
qualified and more experienced employees in the job or department. Consultation with and
review by the City Manager will provide a City wide perspective to department heads as they
make hiring decisions.
The following factors shall be considered in determining a new hire rate:
(1) salaries paid to incumbents in the position and across the City;
(2) salary range of the position;
(3) qualifications of individuals versus qualifications of incumbents in the position; and
(4) budget considerations.
105.3 Employee Pay Schedule
Delivery of bi-weekly payrolls will be by electronic transfer with direct deposit to the employee’s
account in a designated financial institution. Payroll will not be issued other than on designated
pay days. No salary advances or loans against future salary will be made to any employee for
any reason.
105.03.1 Deductions
Deductions will be made from each employee’s pay for: Federal Income Tax; Social Security;
Texas Municipal Retirement System Contributions (for regular full-time employees and
covered part-time employees); court ordered child support; an amount required to reimburse
the City for the replacement value of City property wrongfully held, converted by, damaged
by, unreturned or lost by an employee; any other deductions required by law
In accordance with the policies and general procedures approved by the City Council of the
City, deductions from an employee’s pay may be authorized by the employee for: group
health/medical insurance for dependents; life insurance for the employee; such other
deductions as may be authorized by the City Manager, the City Council, or these policies.
105.4 Overtime and Compensatory Time
Overtime, when ordered for the maintenance of essential City functions, shall be allocated
as uniformly as reasonably possible among all eligible employees. Eligible employees, those
qualified to perform overtime work, will be compensated in accordance with the Fair Labor
Standards Act (FLSA) 29 C.F.R. § 785.11 et seq. Department heads are responsible for
exercising adequate supervision to ensure that employees are complying with established
work schedules. All overtime hours must be approved in advance by the employee’s
department head. Failure to obtain permission in advance may result in disciplinary action.
The use of compensatory time off is generally discouraged, but is permitted at the sole
discretion of the department head and City Manager in order to offset amounts that would
otherwise be paid for overtime hours worked (compensatory time received by an employee
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in lieu of cash must be at the rate of one and one-half hours of compensatory time for each
hour of overtime work), as stipulated by the Fair Labor Standards Act, and as follows:
(1) The use of compensatory time off is not authorized unless approved in
advance and in writing by the department head or designee. The
department head is responsible for the administration of compensatory
time off in lieu of overtime pay.
(2) The use of accrued compensatory time off will be granted to employees
within a reasonable period of time of the employee’s request to use same,
unless the granting of such time off would unduly disrupt the effective
functioning of the department. The City does not guarantee that an
employee will be able to use compensatory time off on the date(s) that the
employee requests to use same. Requests for use of compensatory time off
are the employee’s responsibility and shall be made in the same manner as
other leave requests. Department heads may also exercise control over
accrued compensatory time by requiring the employee to use it at times
determined by the department head. Unless granted an extension by the
department head or designee, compensatory time must be used within thirty
(30) days of being accrued. If an employee’s compensatory time is not
used by the employee within thirty (30) days of being accrued and no
extension has been granted by the department head or designee, then the
employee will receive payment for the value of the compensatory time. If the
department head or designee grants an extension, it may not be for more
than one year from the date that compensatory time is accrued. If the
department head or designee grants an extension and the employee does
not use the compensatory time before the expiration of the extension, then
the employee will receive payment for the value of the compensatory time.
Notwithstanding any other provision or statement in this Manual, the City
always reserves the right to require an employee to use compensatory time
at times determined by the City, and further reserves the right to pay the
employee for the value of accrued compensatory time instead of allowing
the employee to use compensatory time.
(3) Upon separation from employment, employees must be paid for all accrued
compensatory time at the employee's rate of pay at termination.
(4) Each department is responsible for maintaining records of compensatory
time off earned and taken by or paid to employees within the Department,
and for keeping them current and on file in the time tracking system.
(5) The City’s ability to make an election to provide compensatory time off
instead of overtime pay is a term and condition of employment.
Overtime and Compensatory Time Off for Eligible Non-Exempt Employees Other Than
Eligible Non-Exempt Police Officer and Firefighter Employees. The official work period for
eligible non-exempt employees is a 7-day period. Eligible non-exempt employees will
receive overtime pay or compensatory time off for any hours worked in excess of 40 hours
in the 7-day work period. It is the policy of the City to grant hours off during the work period
if an eligible non-exempt employee works or is scheduled to work more than 40 hours in a
7-day work period. In the event it is not possible to grant time off during the same work
period in which actual hours worked are above 40 in a 7-day work period, the eligible non-
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exempt employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off
for each hour worked in excess of 40 in a 7-day work period. An employee may accrue up
to a maximum of 40 hours of compensatory time off. The decision to pay overtime pay or
grant compensatory time off shall be at the sole discretion of the department head and City
Manager with consideration given to budgetary resources. The City’s ability to make an
election to provide compensatory time off instead of overtime pay is a term and condition of
employment.
Overtime and Compensatory Time Off for Eligible Non-Exempt Police Officer Employees.
The official work period for eligible non-exempt police officers is a 14-day period. This
provision is adopted pursuant to section 207(k) of the FLSA and 29 CFR Part 553, and
shall form a part of the City’s payroll records. Eligible non-exempt police officer employees
will receive overtime pay or compensatory time off for any hours worked in excess of 80
hours in the 14-day work period. It is the policy of the City to grant hours off during the work
period if an eligible non-exempt police officer employee works or is scheduled to work more
than 80 hours in a 14-day work period. In the event it is not possible to grant time off during
the same work period in which actual hours worked are above 80 in a 14-day work period,
the eligible non-exempt police officer employee will receive 1.5 times the pay rate or 1.5
hours in compensatory time off for each hour worked in excess of 80 hours in a 14-day
work period. An employee may accrue up to a maximum of 40 hours of compensatory time
off. The decision to pay overtime pay or grant compensatory time off shall be at the sole
discretion of the department head and designee with consideration given to budgetary
resources. The City’s ability to make an election to provide compensatory time off instead
of overtime pay is a term and condition of employment and does not change the at-will
employment relationship established under this manual. This provision is adopted pursuant
to section 207(k) of the FLSA and 29 CFR Part 553, and shall form a part of the City’s
payroll records. For the purposes of this subsection (d), “Eligible Non-Exempt Police Officer
Employees” include only uniformed or plainclothes members of the City’s Police
Department who have: (1) the statutory power to enforce the law; (2) the power to arrest;
and (3) participated in a special course of law enforcement training.
Overtime and Compensatory Time Off for Eligible Non-Exempt Firefighter Employees. The
official work period for eligible non-exempt firefighters is a 28-14-day period. This
provision is adopted pursuant to section 207(k) of the FLSA and 29 CFR Part 553, and shall
form a part of the City’s payroll records. Eligible non- exempt firefighter employees will
receive overtime pay or compensatory time off for any hours worked in excess of 106212
hours in the 28-14-day work period with the first pay period paid for standard non-overtime
hours and with overtime and/or compensatory time off figured after the 212 hours worked
during the entire 28-day period. It is the policy of the City to grant hours off during the work
period if an eligible non-exempt firefighter employee works or is scheduled to work more
than 212106 hours in a 28-14-day work period. In the event it is not possible to grant
time off during the same work period in which actual hours worked are above 212 106 in
a 28-14-day work period, the eligible non-exempt firefighter employee will receive 1.5 times
the pay rate or 1.5 hours in compensatory time off for each hour worked in excess of 212
106 in a 28-14-day work period. An employee may accrue up to a maximum of 40 hours of
compensatory time off. The decision to pay overtime pay or grant compensatory time off shall
be at the sole discretion of the department head and City Manager with consideration given
to budgetary resources. The City’s ability to make an election to provide compensatory time
off instead of overtime pay is a term and condition of employment and does not change
the at-will employment relationship established under this Manual. Further, it is the City’s
policy (subject to the discretion of the department head and internal department policies)
and a term and condition of employment applicable to eligible non-exempt firefighter
employees—that, for shifts in excess of 24 hours: (1) a maximum of eight hours of sleep
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time may not be compensated for and may not be counted as hours worked for purposes of
calculating overtime hours; and, (2) designated meal times may not be compensated for and
may not be counted as hours worked for purposes of calculating overtime hours. The policy,
stated above, excluding certain time for sleep hours and designated meal times from overtime
compensation does not apply to a regular 24 hour shift that starts early or is extended due to
emergency call out, or to an employee that, with the permission of the department head,
works a shift normally assigned to another employee resulting in the employee working
consecutive 24 hour shifts. This provision is adopted pursuant to section 207(k) of the FLSA
and 29 CFR Part 553, and shall form a part of the City’s payroll records. For the purposes of
this subsection (e), an “Eligible Non-Exempt Firefighter Employee” includes only an
employee of the City who is trained in fire suppression, has the legal authority and
responsibility to engage in fire suppression, and is engaged in either: (1) preventing,
controlling and extinguishing fires; or (2) responding to emergency situations where life,
property or the environment is at risk.
Holiday leave and vacation leave will be counted as hours worked for the purpose of
overtime calculations. All other paid leave, including but not limited to sick leave, personal
leave, jury duty, administrative leave, bereavement leave, workers’ compensation injury
leave, disability leave, military leave, unpaid leave and compensatory time off will not be
counted as hours worked for purposes of overtime calculations.
Exempt Employees. Exempt personnel are paid a salary and are not eligible to receive
overtime compensation. Exempt personnel are expected to work the hours necessary to
complete their job assignments, and it is expected that all exempt employees will
occasionally be required to work additional hours to accomplish assigned tasks. Hour for
hour compensatory time off is not authorized for Exempt employees; however, when
possible, these employees will be allowed time off to discharge personal responsibilities as
time and work load permits.
105.5 Call-Out
(a) A non-exempt employee called out to work after he/she has been released from his/her
normal work day shall be credited with a minimum of two (2) hours for the time between
reporting for duty and release from such duty should actual time worked not exceed two
(2) hours. This provision does not apply in the case of pre-scheduled overtime.
(b) If the employee completes the work required in the initial call-out, and is subsequently
called out within the same initial two-hour guarantee, he/she shall be paid for the actual
time worked, or the minimum two (2) hour guarantee, whichever is greater. A second call-
out within the initial two-hour guarantee period does not commence a second two-hour
guarantee. An employee will not be paid more than the two hour guarantee unless he/she
actually works more than two hours. If the employee receives a subsequent call-out, after
the expiration of the initial two-hour period, such subsequent call-out shall commence an
additional two-hour guarantee.
(c) Call-out time will be paid at the applicable overtime rate only if the employee has exceeded
40 hours worked for the work week (or the equivalent maximums for police and firefighter
employees). Any time less than 40 hours (or the equivalent non-overtime hours for police
and firefighter employees) including call-out time will be paid at straight time.
105.6 Standby (On-Call Time)
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(a) Certain employees of the City are required to be on-call or standby for various periods of
time. Employees on standby are not required to restrict their movement during such time
to their homes or any other location, but are required to respond to radio pages, cell
phones, or other portable communication devices provided by the City. After being called
to work, employees on standby status must report to work within 30 minutes. Employees
on standby are prohibited from consuming alcoholic beverages.
(b) Non-exempt employees designated as being on standby will receive standby pay in
addition to any hours worked from call-outs. Standby pay will be credited on a daily basis
at the rate specified in the pay classification plan. An employee designated to be on
standby, will receive daily standby pay regardless of hours worked or call-outs.
(c) This Section 105.06 shall not apply to non-exempt police officer employees and non-
exempt firefighter employees. Any similar provisions shall be set forth under departmental
policy as approved by the department head and City Manager.
105.7 Travel Time
(a) Commute Time. Travel time at the beginning or end of the work day is not compensable.
Generally, an employee is not at work until he/she reaches the work site. This includes
travel to offsite locations where the employee may have a temporary assigned worksite.
However, if an employee is required to report to a meeting place to pick up materials,
equipment or other employees, or to receive instructions prior to traveling to the worksite,
then the time is compensable. In addition, if any employee is required to report to an off-
site location that results in a commute time that is more than fifteen (15) minutes longer
than the employee’s normal commute time, then the difference between the employee’s
normal commute time and the commute time required to report to the off-site location is
compensable. An employee who operates a City vehicle need not be compensated for
commute time simply because he/she is driving the vehicle, so long as it is for the
employee’s convenience. An employee who is directed to chauffeur other employees by
his supervisors is entitled to compensation.
(b) Overnight Travel. Travel time is compensable when it occurs during the employee’s normal
work hours. Moreover, if the travel occurs during normal working hours on nonworking
days (i.e. Saturday or Sunday for an employee who works Monday to Friday), the time is
compensable. Travel time that occurs outside of regular working hours where the
employee is a passenger and free to relax does not count as working time. However, if the
employee is required to drive or perform work, then the time is compensable.
105.8 Meetings and Training Time
(a) Time spent attending lectures, meetings and training programs will not be counted as
hours worked, provided all the following conditions are met:
(1) The meetings are held outside working hours.
(2) Attendance is voluntary.
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(3) The course, lecture, or meeting is not directly related to the employee’s job. If a
training course is undertaken for the purpose of preparing for advancement through
upgrading the employee to a higher skill, and is not intended to make the employee
more efficient in his/her present job the training is not directly related to the
employees job, even if the training incidentally improves his/her skill in doing his/her
regular work; and
(4) The employee does no productive work during the meeting or training.
(b) If an employee on his or her own initiative attends school, college, or trade school after
hours, that time is not hours worked even if the courses are job related.
105.9 Employee Performance Evaluation
To ensure that the quantity and quality of work performed by employees meets the needs
of the City, the department head shall interview each employee during the employee’s
tenure at least once each year and shall prepare a written performance evaluation in
conjunction with said interview.
If at any time the City Manager or a department head determines that an employee must
substantially improve in any area of job performance in order to adequately discharge any
essential function of the employee’s job, the employee may be placed on a performance
improvement plan for a time period of three to six months (“performance improvement
period”). The performance improvement plan shall include a written description of: (1) the
area of job performance in need of improvement; (2) the essential functions of the job at
issue; (3) a description of goals, deadlines or other performance measures that the
employee must meet within the performance improvement period; (4) a description of steps
that the employee should take to meet certain criteria including goals, deadlines or other
performance measures; and (5) a warning that failure to adhere to or meet said criteria will
result in disciplinary action potentially including discharge from employment. The employee
must sign the performance improvement plan to acknowledge receipt. If at the expiration of
the performance improvement period the City Manager or department head determines that
the employee has not been able to favorably resolve the job performance issue(s), the
employee may be subject to discharge. A performance improvement plan is a tool that may
be used to assist an employee with job performance issues, but it is not a prerequisite to
employee discipline or discharge and does not alter the employee’s “at-will” status.
The department head or City Manager shall provide a copy of any written performance
evaluation or any performance improvement plan to the employee and shall place a copy of
same in the employee’s personnel file together with a certification executed by the employee
certifying that the employee has received and reviewed a copy of same. Refusal of the
employee to sign said certification is insubordination.
Employees may respond in writing to any performance evaluation or performance
improvement plan. This written response must be received within 24 hours of the receipt
of the performance evaluation or performance improvement plan (PIP). This written
response shall be placed in the employee’s personnel file.
105.10 Training and Development
In order to meet individual and organizational needs, it is the policy of the City to provide training
and development opportunities to encourage high quality performance to prepare employees for
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new or increased responsibilities, skills, and to extend opportunities for individual growth,
promotion, development, and self-fulfillment. Availability of training funds will be dependent on the
budget available at the time and will require advance written approval of the department head and
the Human Resources Department.
Tuition Reimbursement. The City of Anna encourages life learning and education. In support
of this value, the City of Anna offers a tuition reimbursement program subject to fund
availability. Tuition Reimbursement is a tool that employees can use to grow and develop
within the field of public service.
(1) Scope. The policy described herein applies only to full-time, regular employees who
are enrolled and participating in approved courses at approved accredited
educational institutions to earn an Associates, Bachelors, or Masters degree.
(2) Eligible Courses. In order to be approved hereunder, a course must be applicable to
the field of public service and must be offered and completed at an accredited
university or college. The following types of courses specifically are not approved for
reimbursement hereunder:
(i) Courses which are required by any governmental agency or professional
association in order to meet the minimum educational or continuing educational
requirements of the employee’s current employment.
(ii) Courses which are non-credit continuing education courses.
(iii) Course credit for previous work experience.
(iv) On-going certification courses.
(3) Course Work. All approved courses shall be scheduled outside of the employee’s
regular work hours, except upon written approval of the employee’s department
head. All work required by the approved course must be performed on the
employee’s own time.
(4) Determination of Course Approval. In each case, courses shall be reviewed and
approved or disapproved by the Human Resources Department and the director of
the employee’s department prior to the start of coursework. Approval of a course
does not guarantee the approval of all courses required for a degree or certificate.
Each course must therefore be applied for individually and will be evaluated
separately from any other course.
(5) Employee Eligibility. In order to be eligible for tuition reimbursement for approved
courses hereunder, the employee must meet the following minimum requirements:
i. The employee must be satisfactorily performing the duties and responsibilities
of their current employment in the opinion of their direct supervisor or
department head.
ii. The employee must have satisfactorily completed any applicable period of
probation or Performance Improvement Plan (PIP) relating to their
employment with the City.
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(6) Application for Approval. In order to apply for tuition reimbursement the applicant
must submit the following to the Human Resource Department:
i. A fully completed tuition reimbursement application signed by the director of
the employee’s department not later than the first day of the course;
ii. A degree plan, if applicable (required if the course is part of the first semester
or term in a degree program, or if the degree plan is changed after the first
semester or term);
iii. A written description of the course (which may be the description supplied by
the accredited educational institution); and
iv. A receipt showing the costs associated with the course or the tuition costs.
(7) Reimbursement Procedure.
i. Upon completion of course, final grade submitted, and appropriate course
approval as described herein, the City shall reimburse the costs of tuition up to
an annual maximum amount of $3,000 per calendar year . No reimbursement
shall be provided for course fees or required texts or materials, which costs shall
be the sole responsibility of the employee. No reimbursement shall be provided
for any optional fees in addition to tuition (e.g. late fees, parking, athletic
passes, financial aid fees, etc.), which fees shall be the sole responsibility of
the employee.
ii. Within thirty (30) days of completion of an approved course the employee shall
submit a certificate of completion or transcript, along with all receipts for sums
expended for tuition to the Human Resources Department. Upon review and
approval, the Human Resources Department shall submit the documentation
to the Finance Department for reimbursement to the employee.
Reimbursement will be processed through payroll and will follow IRS rules
regarding taxability. The employee will receive reimbursement based on the
guidance below:
Grade received per course: Reimbursement amount:
A (or equivalent) 100%
B (or equivalent) 75%
C (or equivalent) 50% (None for Masters degree)
D (or equivalent) None
Courses graded as “pass/fail” will be reimbursed at 100% only if the course
uses the “pass/fail” grading system as a mandatory requirement and a “pass”
grade is received.
iii. If the materials described herein are not submitted by the employee within thirty
(30) days after the completion of the course, tuition reimbursement will be
denied by the City, unless otherwise approved by the Human Resources
Department
iv. Employees who withdraw or cease employment from the City prior to course
completion are ineligible for tuition reimbursement.
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v. Tuition shall not be reimbursed where the same has been or shall be paid from
other sources, including but not limited to grants, scholarships, financial aid,
free tuition programs, etc. In such case, reimbursement shall be limited to
approved tuition expenses which are not paid by the subsidies. In addition,
tuition shall not be reimbursed for any program subsidized by the City or any
other governmental entity. Repayment by Employee. In the event that an
employee’s employment with the City is terminated, either voluntarily or
involuntarily, within two years of the completion of any approved course for
which the employee has received reimbursement, the employee shall be
required to repay to the City reimbursement amounts as set forth in the table
below.
Termination within 12 months of course completion Pay 100%
Termination within 12-24 months of course completion Pay 50%
Such repayment shall be deducted from the employee’s salary or other
compensation that would otherwise have been compensable to the employee upon
termination. If said deduction is not enough to compensate the City for the course
and testing fees, the employee shall pay the remainder of the amount to the City
within thirty (30)days of the effective date of the employee’s termination.
(8) Acceptance of Terms. Each employee participating in the tuition reimbursement plan
shall be required to sign an agreement stating that they have received a copy of this
policy and agree to the terms of the same. Should an employee refuse to sign such
an agreement, the employee shall not be allowed to participate in the tuition
reimbursement plan described herein. Such agreement shall not alter the
employee’s at-will status, shall not constitute an agreement for continued
employment, and shall not provide any employee the right to employment with the
City. The City reserves the right to amend, modify, suspend, or terminate this policy,
its standard practices and its administrative procedures at any time at its sole
discretion.
Licenses and Certifications.
(1) Required Licenses and Certifications. The City will pay for fees associated with
renewal and continuing education and testing required to maintain a license or
certification that an employee is required to maintain as a condition of his or her
continued employment with the City.
(2) Optional Licenses and Certifications. Subject to funds available in the annual budget
and approval by the department head, the City may pay for fees associated with
continuing education and testing required to obtain additional licenses and/or
certifications that an employee is not required to obtain or maintain as a condition of
employment, but that prepare an employee for new or increased responsibilities,
skills, or that extend opportunities for individual growth, promotion, and development.
(i) Repayment by Employee. In the event that an employee’s employment with the City is
terminated, either voluntarily or involuntarily, within one year of the completion of a
continuing education course or test for an optional license or certification paid for by
the City, the employee may be required to repay to the City 100% of all fees paid by
the City for the license or certification. Such repayment shall be deducted from the
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employee’s salary or other compensation that would otherwise have been
compensable to the employee upon termination. If said deduction is not enough to
compensate the City for the course and testing fees, the employee shall pay the
remainder of the amount to the City within thirty (30) days of the effective date of the
employee’s termination.
(3) Acceptance of Terms. If repayment may be required, each employee that requests approval
to take a continuing education course or test for any license or certification shall be required
to sign an acknowledgment stating that they have received a copy of the departmental
policy and this policy regarding repayment by the employee, and agree to the terms and
conditions of same. Should an employee refuse to sign such an acknowledgment, the City
will not pay for the continuing education course or testing fees for the license or certification
as described herein. Such acknowledgment shall not alter the employee’s at-will status,
shall not constitute an agreement for continued employment, and shall not provide any
employee the right to employment with the City.
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105.11 Salary Increases
Salary Increases. Increases in salary may be granted by the City Manager in accordance
with the compensation plan based on employee performance, evaluated merit, market
comparison of pay for the employee’s position, changes in an employee’s job description or
duties, and availability of funds.
Non-Merit Raises. As part of the City’s annual budget, the City Manager may recommend a
cost-of-living adjustment (“COLA”) for employee salaries based on factors relevant to
changes in the local cost of living and the availability of funds. Every COLA approved by the
City Council shall apply the same percentage increase to the base salary of every City
employee or group of employees, including but not limited to the City Secretary and City
Manager.
No provision of this Manual shall be construed as authorizing any increase in salary or wages
during a fiscal year which would result in exceeding appropriations made for such purpose.
105.12 Longevity Pay
Eligible regular full-time employees shall annually receive a lump sum longevity payment
based on their full months of employment with the City. Employees must complete at least 12
months of employment to be eligible.
Longevity pay for eligible full-time employees whose employment commenced before March
11, 2014 shall receive ten dollars per full month of employment. Longevity pay for eligible
full-time employees whose employment commenced after March 11, 2014 shall be five
dollars per full month of employment.
Except for certain non-civilian police and fire department employees, funds will be dispersed
between the second week of November and the first week of December only to eligible
employees actively employed on the date of payment, and months of service shall include
all months served as of December 31 of each year.
Non-civilian police and fire department employees shall receive their longevity pay on or
about their anniversary hire date after completion of their annual performance review.
Months of service shall include all full months served as of their anniversary hire date.
Any employee leaving City employment and later being re-employed will forfeit all previous
longevity. Employees on any type of leave without pay, disability leave, catastrophic leave,
or workers’ compensation leave will not accrue longevity for that period of leave.
Maximum annual longevity pay for full-time employees will be $1,200.
105.13 Separation Pay
Subject to Section 116 of this Manual and any other applicable provisions of this Manual,
employees who leave the service of the City, regardless of reason for separation, shall receive all
pay that is due to them in accordance with and subject to the following provisions:
The final compensation check for a self-terminating employee will be issued not later than
the next regularly scheduled payday after separation. The final compensation check for an
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employee who has been involuntarily terminated will be issued not later than the sixth
regular working day following termination. Separation pay may be delayed due to any
pending investigation of an employee or unforeseeable administrative delays in processing
payment.
Eligible employees will be paid for any hours worked, including any authorized overtime
compensation due to him or her.
Only regular full-time employees who have successfully completed their probation period
shall be paid for unused vacation time earned.
Employees may request that any retirement benefits paid by him or her, through payroll
deductions, be refunded in accordance with the applicable program. In the event a member
of the retirement system leaves the employment of the City prior to retirement and is not
vested, such member may elect to leave his contributions on deposit with the system for not
more than five (5) years, may file application for a full refund of the employee’s contributions
and accrued interest thereon, or may roll the funds over into a qualified account. In the event
that an employee receives a full refund of his contributions, the employee forfeits any
seniority towards retirement under Texas Municipal Retirement System (“TMRS”). To the
extent of any conflict between this provision and any mandatory provision of the City’s TMRS
plan, said plan shall govern.
Any indebtedness to the City which the employee might have incurred shall be deducted
from their final paycheck and all City equipment and property must be returned before the
final compensation check is released.
A regular employee who does not provide the appropriate notice of resignation or who is
dismissed because of violating personnel rules and regulations concerning conduct will
forfeit accrued sick and/or vacation pay unless mutual agreement is reached between the
department head, City Manager, and the employee.
If any employee dies while employed by the City, the City shall pay their designated
beneficiary or if no beneficiary is designated, the City shall pay their duly appointed
representative or representative of their estate any unpaid compensation, unused vacation
time and accumulated benefits.
105.14 Retirement
Regular full-time employees are afforded retirement under the Texas Municipal Retirement
System (“TMRS”). This plan is administered by the Human Resources Department and
details regarding the plan may be obtained from the Human Resources Department.
Participation in TMRS shall be immediate and a condition of employment. Where practical,
employees shall give the Director of Human Resources written notice of their intent to retire
at least three months prior to the proposed date of retirement.
Details of the retirement plans, as well as additional information, is provided in the Texas
Municipal Retirement System Handbook available through the Human Resources
Department.
Part-time and seasonal employees are not eligible to make contributions to TMRS, unless
the number of hours worked requires eligibility under TMRS rules.
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Employees on leave without pay are not eligible to make contributions to TMRS.
In addition to TMRS, all employees of the City are included in the Medicare System.
To the extent that any provision in this Manual directly conflicts with state law governing
TMRS, or directly conflicts with the plan as provided to the City through TMRS, this Manual
shall yield to the extent of the conflict if the conflict.
105.15 Recovery of Pay and/or Benefits
It is the employee's responsibility to review their payroll information and deductions for
accuracy. In the event that an employee is over paid, given excessive leave benefits or
receives any other benefit and/or compensation in error, through an employee's
misrepresentation or through the misapplication of a policy or an error in processing, the
employee is expected to notify their department head (or Director of Human Resources, as
appropriate) and the City will take steps to recover those benefits and/or compensation. This
also includes any form of payroll deduction that results in an underpayment.
Attempts will be made to establish an agreed-upon method to recover the resources. Failure
to agree on a method will result in appropriate actions at the City’s discretion (such as payroll
deduction, reduction in leave time accrual rate, reduction in rate of pay, etc.) to recover the
City's resources. An employee's failure to cooperate in the recovery process could result in
disciplinary action up to and including termination.
Upon notification of an error employees will be expected to repay the City. Generally,
employees will be given the same amount of time to complete repayment to the City as the
time period during which the error was made. For example if an employee received
overpayments for three (3) pay periods, the employee will have three (3) pay periods from
the date of notification to complete repayment to the City. If unusual circumstances warrant,
other payback periods may be allowed by the City Manager.
105.16 Additional Pay
(1) Language Pay
To better serve Anna neighbors, it is the policy of the City of Anna to provide additional language pay to
regular full-time employees in eligible positions who demonstrate the necessary verbal and/or written
fluency in eligible languages other than English (as designated by the City) through a testing process.
1) Eligible Employees – Eligible employees are those regular full-time or part-time employees for
which secondary language fluency is desirable in order to better serve the community.
2) Ineligible Employees – Ineligible employees are those for which foreign language skill is
REQUIRED by their position’s job description, as it is assumed that the base pay for such positions
compensates for that and other required skills. NOTE: Department Heads and Assistant Department
Heads are also not eligible for language pay.
3) Employees may begin the process by completing a Language Pay application form. Department
Heads are responsible for identifying employees within their departments who qualify for language
pay (verbal and/or written language skills are desirable in order to better serve the community).
4) The Human Resources Department will coordinate language proficiency testing with an approved
outside vendor agency, assuring that all appropriate criteria have been met. Only tests administered
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by the City-approved vendor will be accepted.
5) Employees must demonstrate abilities for verbal and/or written language fluency on a certified test
conducted by the approved outside vendor agency.
6) The City will pay for one language test process (verbal and/or written) per employee. These tests will
be conducted on City-paid time. After successful test results for employees have been
communicated in writing from the vendor to Human Resources, employees’ departments will be
notified to process a Personnel Action Form to begin paying Language Pay on the next eligible pay
period.
7) Employees that are proficient in multiple languages will not receive language pay for more than one
approved language.
8) Employees who fail their initial test may choose to re-test on their own time and at their own
expense. Employees will coordinate such additional tests with the approved vendor agency and will
be responsible for ensuring the results are sent to Human Resources.
9) Employees who receive language pay will be expected to translate for other departments as needed.
They may also be requested to report to work during emergencies and/or disaster relief efforts in
order to assist in translating for others.
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106.1 Holidays
(a) The following holidays are declared official holidays for regular full-time employees:
(1) New Year’s Day
(2) Martin Luther King Jr. Day
(3) President’s’ Day
(4) Good Friday
(5) Memorial Day
(6) Independence Day
(7) Labor Day
(8) Veterans Day (Firefighter can observe September 11th in lieu of Veterans Day)
(9) Thanksgiving Day
(10) Day after Thanksgiving
(11) Christmas Eve
(12) Christmas Day
(b) The City Council may declare special holidays in addition to the holidays identified in
subsection (a), above. Any such special holidays will be taken according to established
procedures relating to holidays.
(c) As many employees as possible shall be given each holiday off consistent with the
maintenance of essential City functions.
(d) On declared official or special holidays, regular full-time employees shall be paid for holiday
leave as outlined in the table below. Regular part-time employees shall not receive holiday
pay.
(Amended 9/22/2015, Res. No. 2015-09-10)
Full-time Fire
Department 24 hour
Shift Employees
Full-time Police
Department 12 hour
Shift Employees
All other Full-time
Employees
Hours of Holiday
Leave
12 hours 12 hours 8 hours
(e) Employees on any type of leave without pay, disability leave, or workers compensation injury
leave (except during periods of salary continuation) shall not be entitled to paid holiday leave.
(f) Temporary employees will not be paid for holiday leave.
(g) A regular employee who is required to work on an official or special holiday shall be paid for the
City of Anna
Personnel Policy Manual
Section 106. Holidays, Absences & Leaves
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hours worked at a rate of one and one-half times their regular hourly rate plus receive pay for
holiday leave, or take paid holiday leave within 30 days of the official holiday as approved by
his/her department head.
(h) Except for employees regularly scheduled to work on a shift basis outside of Monday-Friday,
a holiday that falls on a Saturday will be observed the preceding Friday. A holiday that falls
on a Sunday will be observed on the following Monday. The City Manager may make
adjustments as necessary.
(i) An employee absent without authorized leave on the working day immediately preceding
and/or following a holiday shall lose pay for the holiday as well as for the unauthorized
absence(s). An employee absent without permission when scheduled to work a holiday will
not receive holiday pay and is subject to disciplinary action.
(j) If the last day of an employee’s employment falls on a holiday, the employee will not be paid for
that holiday.; Exceptions must be scheduled and authorized in advance by the department
director.
(k) Employees in the Fire Department shall be granted the same number of vacation and
holidays, or days in lieu of vacation days or holidays, granted to other City employees.
Administration personnel will accrue and utilize holiday time based on the standard for 40-
hour employees with one exception: at least one holiday shall be designated as Patriots Day,
September 11th. Notwithstanding any other provision of Section 106.01, this holiday shall be
observed on Veterans Day for Administrative personnel. Shift-based firefighters will schedule
this holiday in the same manner as all other holidays. Fire Department members receive
September 11th as a symbolic holiday, but it does not increase the total number of holidays
received, nor is it possible for all firefighters to utilize holiday time on September 11th.
Fire Department Shift Personnel Holiday Policy
Fire Department Operations personnel assigned to 24-hour shifts will accrue and utilize holiday time
differently than other city employees. Due to the nature of the fire department’s perpetual rotating
schedule, firefighters enter the career field with full knowledge that they will be required to work all
holidays that occur on their shift. Accordingly, firefighters adopt a lifestyle that involves observance of
holidays on alternate dates. In order to do so, firefighters need the ability to utilize holiday hours on
dates not recognized by the city as official holidays.
Fire Department Holiday Accrual
At the beginning of the calendar year, each Fire Department shift employee will accrue all 12
holidays (144 regular holiday hours) that may be used, with supervisor approval, at any time during
the year. Fire Department Administration will monitor and manage all holiday usage in an effort to
control overtime. While the use of holiday time is strongly encouraged, it is reasonable to assume
that it may not be productive for all firefighters to utilize all of their holiday time. Therefore, any
holiday hours unused at the end of the year will be paid out to the employee as regular holiday
hours. Holiday hours will not be carried over from one year to the next. It is the employee’s
responsibility to ensure that holiday hours are used before the expiration date each year. If an
employee should leave the city after using holiday leave for holidays which have not yet occurred,
the pay for such leave will be deducted from their final paycheck.
Fire Department Holiday Scheduling
All holiday and vacation time will be scheduled annually in advance of the implementation year. This
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scheduling process will be described and managed utilizing the fire department’s internal policies
and procedures (SOP’s).
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(l) Holidays falling within an employee's vacation period or within a period of absence properly
chargeable to illness shall not be counted against vacation or sick leave.
(m) An employee on workers’ compensation leave will receive holiday pay only when the
employee would have normally been authorized to be paid for that holiday.
(n) Employees desiring to observe bona-fide religious holidays not listed as an official City of
Anna holiday may be given time off without pay or may be authorized to use accrued vacation
leave.
(o) Department heads shall ensure that eligible shift workers and other employees working
unusual schedules receive benefits of the full number of official holidays. Should an official
holiday fall on an employee's normal day off, the employee shall either receive holiday leave
pay for the holiday, or be allowed to take paid holiday leave within 30 days of the official
holiday as approved by his/her department head.
106.2 Vacation
All regular full-time employees of the City shall be allowed vacation leave with pay after the
successful completion of the probationary period following initial employment.
(a) Regular full-time employees begin to accrue vacation leave on the first day of
employment as shown in following table:
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Vacation Leave Accrual
Full-time Fire
Department 24 hour
Shift Employees (Avg.
56 hours per week)
Full-time Police
Department 12 hour
Shift Employees (Avg.
42 hours per week)
All other Full-time
Employees (Avg. 40
hours per week)
Years Hours per
pay period
Approx.
Weeks per
Year
Hours per
pay period
Approx.
Weeks per
Year
Hours per
pay period
Approx.
Weeks per
Year
1 to 9 years 6.462 3 4.847 3 4.616 3
10 or more 9.230 4 6.920 4 6.160 4
Hours per
year
Approx.
Weeks per
year
Hours per
year
Approx.
Weeks per
year
Hours per
year
Approx.
Weeks per
year
Maximum
Annual
Vacation
Accrual
672 12 504 12 480 12
(b) Eligible employees accrue paid vacation at the end of each pay period.
(c) All employees shall be allowed to take vacation leave with pay after the first thirty (30)
days of employment. Exceptions may be granted by the City Manager when such
compensation is in the best interest of the City. Approval of the City Manager’s office is
required in such situations.
(d) Absence on account of sickness or injury in excess of that authorized for such
purposes, at the request of the employee and approval of the department head can
be charged against available accrued vacation leave allowance.
(e) In the event that an official paid holiday falls during the vacation period, holiday pay
shall be given instead of vacation pay.
(f) Full-time employees may accrue more vacation leave than the Maximum Annual
Vacation Accrual, however, accumulated vacation time may not be carried forward each
year in excess of the Maximum Annual Vacation Accrual. The cutoff date for vacation
accumulated in excess of Maximum Annual Vacation Accrual shall be January 31 of each year.
Any excess accrued vacation over the Maximum Annual Vacation Accrual on February 1
of each year will be forfeited. It is the employee’s responsibility to ensure that excess hours
are used before the cutoff date.
(h)(g) Department heads will approve vacation requests, giving due consideration to the
needs of the department. All leave requests should be made in writing and require prior approval
of the employee’s supervisor. Supervisors are encouraged to approve/disapprove an
employee’s vacation request in a timely manner.
(i)(h) Employees who separate from the City following satisfactory completion of the probationary
period shall receive compensation for unused vacation leave up to the Maximum Annual
Vacation Accrual. Employees who separate from the City prior to the satisfactory completion of
their probationary period or who are dismissed due to violations of the personnel rules and
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a. regulations concerning employee conduct will forfeit accrued vacation pay unless a
mutual agreement is reached between the department head, City Manager, and the
employee.
(i) Vacation leave shall not be advanced.
(j) Vacation leave may be taken in not less than 0.25 hour (15 minute) increments.
(k) Employees on leave without pay, or disability leave shall not continue to accrue vacation
leave or sick leave. Employees on workers’ compensation injury leave shall continue to accrue
vacation leave during the period of salary continuation only
(l) Part-time, seasonal and temporary employees shall not earn or accrue paid vacation leave.
(m) (n) The City Manager may authorize paid leave as part of an offer of employment to a
prospective employee.
106.3 Sick Leave
All regular full-time employees shall be entitled to sick leave with pay. Regular full-time
employees begin to accrue sick leave on the first day of employment as shown in the
following table. During the first thirty (30) days of the probationary period, sick leave may
not be used as accrued unless specifically authorized under Section 103.01(f) of this
Personnel Policy Manual.
(Amended 9/22/2015, Res. No. 2015-09-10)
Sick Leave Accrual
Full-time Fire
Department 24 hour
Shift Employees
(Avg. 56 hours per
week)
Full-time Police
Department 12 hour
Shift Employees
(Avg. 42 hours per
week)
All other Full-time
Employees
(Avg. 40 hours per
week)
Years Hours
per pay
period
Approx.
Weeks
per Year
Hours
per pay
period
Approx.
Weeks
per
Year
Hours
per pay
period
Approx.
Weeks
per Year
Annual
Accrual
5.17 2.4 3.88 2.4 3.69 2.4
Hours
per year
Approx.
Weeks
per year
Hours
per year
Approx.
Weeks
per year
Hours
per year
Approx.
Weeks
per year
Maximum
Annual
Sick
Accrual
1344 24 1008 24 960 24
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Sick leave may be taken at any time for illness, injury, exposure to contagious disease or
routine medical or dental appointments which cannot reasonably be scheduled outside of
working hours, and Illness of a member of the employee’s immediate family who requires
the employee’s personal care and attention. For this purpose, immediate family member
shall be the employee’s child, stepchild, parent, stepparent or spouse. A child is defined as
a biological, adopted or foster child, stepchild, child of an employee who is standing in loco
parentis or legal ward of the employee. The child must be under 18 years of age, or 18 years
of age or older but incapable of self-care because of a mental or physical disability Illness
arising from pregnancy or complications thereof, shall be regarded the same as other types
of illness.
Sick leave can be used in not less than 0.25 hour (15 minute) increments.
Employees who become ill and cannot report to work are expected to ensure that proper
notification is received at their department no later than one hour after regular reporting time.
Individual departments may require earlier reporting times. Failure to ensure proper
notification without valid reason shall constitute absence without leave.
Sick leave not used during the year in which it accrues accumulates and is available for use
in succeeding years up to the Maximum Annual Sick Accrual.. Each December 31, any sick
leave balance in excess of the Maximum Annual Sick Accrual is reduced to the Maximum
Annual Sick Accrual without compensation.
Sick leave may not be used prior to accrual.
Upon separating employment from the City, all sick leave credits shall not be reinstated
should the employee later be re-employed.
Employees shall continue to accumulate sick leave during absences from work on legal
holidays, during sick leave or vacation leave. Sick leave accumulation shall be at the
regularly prescribed rate during absence, as though the employee were on duty. Employees
on leave without pay, or disability leave shall not continue to accrue sick leave. Employees
on workers’ compensation injury leave shall continue to accrue sick leave during the period
of salary continuation only.
The department head may require satisfactory proof of illness at any time the employee is
away from the office using sick leave. The department head may also require a statement
from the attending physician of the need for an employee to remain at home to attend to a
sick child, spouse or parent. A department head may disallow use of sick leave in the
absence of satisfactory proof of need. Employees using or attempting to use sick leave
without proper cause shall be subject to disciplinary action, up to and including dismissal.
Employees on sick leave for more than two (2) consecutive work days, or three (3) or more
work days within any five (5) day period, must produce a doctor’s certificate indicating
treatment for a legitimate illness or injury in order to receive sick leave with pay. The doctor’s
certificate must contain a specific explanation of the reasons the employee was unable to
work. A department head may require the employee to furnish a statement from the
attending physician confirming the employee’s ability to resume his/her job duties before
permitting the employee to return to work.
Upon separation from the City, an employee will receive a payout of accumulated sick leave
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based on the employee’s years of service below.
Years of Service with City of Anna: Maximum Hours Eligible for Payout:
2-5 Years 80 hours
5-10 Years 120 hours (240 if retiring)
10-20 Years 160 hours (320 if retiring)
20+ Years 240 hours (480 if retiring)
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An employee on sick leave may be subject to disciplinary action, up to and including
termination, under the following circumstances:
(1) If the employee engages in other work for pay while receiving sick leave benefits;
(2) Engages in activities not authorized by the attending physician, or fails or refuses to
comply with the attending physicians instructions or advice regarding the injured
condition, other than for bona-fide religious beliefs;
(3) Fails to act in a manner conducive to convalescence;
(4) Refuses to perform work authorized by the attending physician;
(5) Refuses to accept or perform a different job, which is within the employee’s physical
capacity to perform, as specified by the attending physician.
(6) If the employee uses or attempts to use sick leave without proper cause.
An employee who becomes ill or injured during a vacation may request that the vacation be
terminated and the time off due to the illness or injury be charged to sick leave. Application
for such substitution must supported by a medical certificate or other acceptable evidence.
Part-time, seasonal, and temporary employees shall not earn or accrue paid sick leave.
(n) Each December, employees may request up to 80 hours of accrued sick leave be converted into
vacation leave at a 2 to 1 ratio (i.e. 80 hours of sick can be converted into 40 hours of vacation) up to
the maximum annual vacation accrual limit. At least 480 hours must be remaining in the employee’s
sick leave accrual bank after conversion.
(o) In the event that an employee will be or has been absent for more than three (3) consecutive
workdays for reasons covered under this policy, he/she should contact the Human Resources
Department as soon as possible to determine whether the absence should be designated as a leave
under the Family and Medical Leave Act (FMLA). Supervisors are also responsible for notifying the
Human Resources Department of any sick leave exceeding three (3) consecutive workdays or that
might otherwise qualify for FMLA leave. An employee who will be absent for more than three (3)
consecutive workdays shall notify the designated supervisor of his/her expected return-to-work date
as soon as is reasonably possible and prior to the date of return.
(p) The City Manager may authorize paid leave as part of an offer of employment to a prospective employee.
106.4 Military Leave
(a) Military Leave Eligibility Requirements. Military leave is available to active City employees who are
members of uniformed services of the United States Military. This includes the United States Armed
Forces, Reserves, and National/State Guard; the Commissioned Corps of the Public Health
Service, and any other category of persons designated by the President of the United States as
uniformed service personnel in time of war or emergency. Examples include:
▪ active duty and active/inactive duty for training;
▪ full-time National Guard duty;
▪ absence from work for examination to determine fitness for any of the above types of
duty;
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▪ funeral honors duty performed by National Guard or Reserve members;
▪ duty performed by intermittent employees of the National Disaster Medical System
(NDMS) when activated for a public health emergency, and approved training to
prepare for such service.
Employees must notify their supervisors as soon as practicable of their duty schedule and need for
military leave in accordance with the provisions of this policy. If an employee was hired by the City
for a fixed period of employment and the military duty extends beyond the employee’s fixed
employment term, the leave will not be extended beyond the end date of the employment term.
Disaster Leave. “Disaster Leave” is a special type of leave of absence which may be used by a member
of the Texas military forces, a reserve component of the armed forces, or a member of a state or
federally authorized search and rescue team. If the employee is called to state active duty for training
or other duty, ordered or authorized by the proper authority in response to a disaster, they shall be
eligible for up to an additional 7 workdays of paid Disaster Leave each fiscal year (total of 22 paid days
in combination with Military Leave).
(A) Disaster Leave is only available for performance of military or emergency service for the
State of Texas at the call of the Texas Governor or the governor’s designee and shall be
applied only to days of work missed due to active state duty during the disaster. During
Disaster Leave, employees shall accrue leave balances in the same manner as for Military
Leave for up to 7 additional missed working days but shall thereafter be subject to the accrual
provisions for Extended Military Leave if the absence continues. For purposes of this policy,
“disaster” means the occurrence or imminent threat of widespread or severe damage, injury,
or loss of life or property resulting from any natural or man-made cause, including fire, flood,
earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity,
epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or
paramilitary action, extreme heat, cybersecurity event, other public calamity requiring
emergency action, or energy emergency.
Military Leave (Zero to 120 Hours/15 days per fiscal year). Notwithstanding any provision of this
Manual, employees are entitled to military leave with pay in accordance with state and federal laws for
a cumulative maximum of 120 scheduled City duty hours (or equivalent) in any federal fiscal year
(October to September). The term “with pay” means full and regular pay for days and times the
employee would ordinarily have been working. This leave may be expended prior to use of an
employee’s accrued vacation or compensatory leave. Employees cannot accrue military leave and
unused military leave will not be paid out at the time of separation.
Extended Military Leave (Beyond 120 Hours per fiscal year). Employees with military leave extending
beyond the 120 hours per fiscal year will be treated as employees in non-pay status. Should employees
have accrued vacation or compensatory leave, they may request any part of it through their
supervisors. This will not affect their military leave status. Employees cannot accrue extended military
leave and unused extended military leave will not be paid out at the time of separation.
Work Schedules. The City has no obligation to pay an employee on military leave for training or
otherwise qualifying service activities which fall outside of the employee’s assigned duty schedule
(e.g., which are on regular days off work or outside of work hours). A supervisor has no obligation to
change the employee’s schedule or allow the employee to make up time missed due to military leave.
In appropriate circumstances, military leave may be used for those periods of an employee’s work
schedule missed due to travel to/from uniformed service activities that do not themselves fall on
scheduled workdays.
Uniformed Services Employment and Reemployment Rights Act. The Uniformed Services
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Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who
perform duty, voluntarily or involuntarily, in the uniformed services. USERRA also prohibits employers
from discriminating against past and present members of the uniformed services and applicants to the
uniformed services. Unless it is impossible or unreasonable, those that served have the right to be
reemployed by the City if they left to perform service in the uniformed service and meet these
requirements:
• The employee must have been absent from a civilian job on account of service in
the uniformed services;
• The employee must have given advance notice to the employer that he or she was
leaving the job for service in the uniformed services, unless such notice was
precluded by military necessity or otherwise impossible or unreasonable;
• The cumulative period of military service with the City must not have exceeded five
years;
• The employee must not have been released from service under dishonorable or other
punitive conditions;
• The person must have reported back to the civilian job in a timely manner or have
submitted a timely application for reemployment, unless timely reporting back or
application was impossible or unreasonable; and
• If eligible to be reemployed, the employee must be restored to the job and benefits they would
have attained if they had not been absent due to military service or, in some cases, a
comparable job.
Seniority; Reinstatement priority. An eligible uniformed service member’s City employment rights and
benefits determined by seniority shall be considered by the City as if the employee remained
continuously employed, and include state, rate of pay, vesting, and service credit for the military leave
period for pension benefit computations. Eligible employees who are released from military service
obligations and seek to return to City employment shall be entitled to reinstatement in the following
order of priority:
i. The position that would have been held, with reasonable certainty, had the employee
remained continuously employed, so long as the employee is still qualified for the job
or can become qualified within a reasonable time after reasonable efforts by the City;
ii. The same position held prior to military leave;
iii. A position with the same seniority, status, and pay if the employee cannot become
qualified to perform either position above; or
iv. The closest position of like seniority, status, and pay the employee is qualified for.
Training, Accommodations, and Other Provisions for Military Leave Recipients.
The City will make reasonable efforts and accommodations to assist an employee in
qualifying for the position(s) offered for reinstatement upon return from military leave. This
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includes training or retraining to update an employee’s skills to perform the essential
functions of the position. The necessary and appropriate training or retraining should be
requested in writing by the employee, in consultation with the Human Resources Department
and the department head, after the employee receives notice of the reinstatement position(s)
available and prior to the date of return to work or without undue delay thereafter.
If the employee is being restored to the same position held prior to use of military leave, the
determination of the necessary and appropriate training must consider any changes in the job
description or duties which became effective during the military leave period.
A person with service-connected disabilities, who is not qualified for a promoted position under
(h)(1) above after consideration of the City’s reasonable efforts to accommodate the disability,
shall be employed in an equivalent position (in terms of seniority, status, and pay) for which the
person is qualified or can be qualified with reasonable efforts and accommodations by the City,
so long as there is not an undue burden on the City. If no such position is available, the
employee shall be placed in the nearest similar position for which appropriate and reasonable
accommodations may be arranged. The employee must provide HR with notice regarding the
need for service-connected disability accommodations and the nature of the accommodations
necessary to allow performance of the essential job duties of the position.
Pay and Benefits While on Military Leave:
(1) If not already using direct deposit, employees using military leave should complete a direct deposit
form and submit it to HR before the beginning date of the leave, or as soon as possible thereafter,
to avoid delays in disbursement of any pay to be received from the City during their absence. This
is the responsibility of the employee.
(2) Military Leave (120 hours/15 days or less): Eligible employees may receive up to fifteen (15)
workdays of paid military leave per fiscal year. The rate of pay is equivalent to the employee’s
normal base rate. All enrolled benefits and deductions, including retirement, will continue while
the employee is on leave.
(3) Extended Military Leave (16 days or more): Eligible employees with leave periods greater than
15 workdays can choose one of the following options:
(1) Receive supplemental pay equivalent to the difference between the [employee’s net military pay]
and [City of Anna net pay] for each day of absence for up to one year. Following one year, an
employee may use accrued vacation, holiday, or compensatory time.
(2) Use accrued vacation, holiday, or compensatory time.
(3) Choose to take the remaining military leave period as unpaid leave.
(4) Exempt Employees: Military or Disaster Leave periods which include only a portion of a work
week shall be paid according to the full salary rate for the entire workweek, so long as the exempt
(i.e., not eligible to receive overtime pay) employee misses only part of a week due to the leave
subject to this policy and also reports to work during that same week. Exempt employees shall
have their Military, Disaster, and Extended Military Leave balances used in full day increments
only.
(5) After the employee returns to work for a partial work period, any Military Leave, Disaster Leave,
and Extended Military Leave periods shall be counted as hours worked during the corresponding
period for purposes of determining eligibility for overtime pay.
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(6) Other Leave Accruals: Employees on military leave shall accrue other types of leave as follows:
(A) First 15 Days of Military Leave: Leave accruals will continue as normal for employees
eligible to accrue vacation, sick, and/or holiday leave.
(B) Extended Military Leave (over 15 days): Leave accruals will cease for vacation, sick,
and holiday leave.
Vacation, sick, and holiday leave accruals will be paid out in accordance with the City policies in
effect at the time of separation if an employee separation occurs during a period of military leave.
(7) Continuation of Benefits while on Extended Military Leave. Extended Military Leave is a COBRA
qualifying life event for purposes of determining eligibility for City benefits. Enrollment, changes,
or termination of benefits must be made no later than 31 days from the start of the military leave
period. Benefits and employee contributions may continue during extended military leave as
outlined below:
(1) Medical, Pharmacy, Dental, Vision, and Flexible Spending Accounts (FSA)—An employee may
continue coverage for themselves and their eligible dependents at the employee contribution rate
for 6 months. Cost is based on enrolled coverage tier and benefit year. Following 6 months,
coverage may be continued through COBRA for up to 18 months at the employee’s expense.
Premiums charged to the employee shall not exceed 102 percent of the full premium under the
plan during either of these phases.
(2) Life and Disability Insurance- An employee may continue coverage for up to 6 months during
military leave; after 6 months, coverage ends. Once coverage ends, employer paid and voluntary
life coverages may be continued through the Portability and Conversion privileges outlined in the
plan provisions.
(3) Retirement- An employee may continue retirement contributions so long as he or she continues
to receive a paycheck from the City. When an employee no longer receives a paycheck,
contributions cease. However, upon return from leave, he or she can qualify for continued service
credits for the period of active-duty service and make contributions retroactively to his or her
retirement account as provided by USERRA, TMRS, and ICMA policies.
(8) Reinstatement of Terminated Benefits. Upon return from Extended Military Leave, benefits which
were voluntarily or involuntarily terminated will be reinstated. Employee elections must be
determined within 31 days from the end of service or the end of alternative coverage, whichever
date is later. For life and disability insurance, if an employee elects to continue life coverage
through Portability and Conversion privileges, individual policies must be terminated prior to the
effective date of reenrollment in group coverage. If the employee was injured while performing
duties related to his or her military leave, an exclusion or waiting period for coverage of disabilities
may apply as outlined in the plan provisions.
Return from Duty. Employees must report to work on the regularly scheduled workday and apply for
reemployment following the release from uniformed service activities within the following timeframes:
(A) Less than 31 days of uninterrupted military leave: First scheduled workday following
safe travel home and eight-hour rest period.
(B) 31 to 180 days of uninterrupted military leave: First scheduled workday following 14
days after release from service. An application for reemployment may be required.
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(C) More than 180 days of uninterrupted military leave: First scheduled workday following
90 days after release from service. An application for reemployment may be required.
(D) All of the deadlines set forth above are extended by up to two years if the employee is
hospitalized or recovering from an injury cause by active duty. If the injury also resulted
in employee disability, the two-year extension period may be further extended by the
minimum time required to accommodate the employee’s disabilities.
(E) For purposes of this section, “uninterrupted military leave” means each period of
military leave occurring in a fiscal year where the employee does not return to work
and within the timeframe of the employee’s applicable orders, i.e., multiple
deployments under separate orders shall not be aggregated together for determining
the employee’s required return date. Holidays, off-duty days in the employee’s regular
work schedule, and days of City office closures shall not constitute interruptions in a
military leave period.
(F) When an application for reemployment is required, the City requests that all returning
servicemembers provide documentation to establish that the application is timely, that
the service limitations applicable to USERRA reinstatement rights (e.g., five year
maximum on cumulative military service during City employment) have not been
exceeded, and that the servicemember’s entitlement to USERRA benefits have not
been terminated under 38 U.S.C. § 4304. Such documentation will be satisfactory to
the City if it satisfies the corresponding regulations prescribed by the Secretary of
Defense.
Special Discharge Protection. An employee who returns from military leave shall not be discharged
by the City, unless it is “with cause”, for the following periods of time return to work: 31-180 days of
Military Leave duration: 180 days from the date of returning to City duty.181+ days of Military Leave
duration: One year from the date of returning to City duty.
Health Insurance Protection. If a City employee leaves their job to perform military service, they have
the right to elect to continue their existing employer-based health plan coverage for themselves and
their dependents for up to 24 months while in the military. Even if they do not elect to continue
coverage during their military service, they have the right to be reinstated in the City's health plan if
and when reemployed, generally without any waiting periods or exclusions except for service-
connected illnesses or injuries.
Procedures for requesting Military Leave. An employee requesting military leave must take the
following actions:
(1) Notify his or her supervisor of the need for leave and provide a copy of the official orders.
a. An employee should provide at least two (2) weeks’ advance notice if possible. If an
occasion arises where advance notice is not possible, the employee must contact the HR
department immediately upon their return to work. The City may seek verification of any
military leave used.
b. If the military leave will be more than 15 days, the supervisor will submit an appropriate
Personnel Action Form to HR with a copy of the orders.
(2) Contact the City’s HR department to request military leave and provide a copy of the official
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orders.
(3) Duty Verification. Employees shall provide written performed duty verification as soon as possible,
but no later than their return to work. Verification is necessary in order to confirm payment of
military pay and to confirm any veterans’ reemployment rights. Verification may include, but is not
limited to, orders, drill letters, training schedule and or a duty verification signed by the officer in
charge.
Disqualifications. An employee is not eligible for the entitlements outlined in this policy or
USERRA in the following cases:
(1) Separation from the service with a dishonorable or bad conduct discharge
(2) Separation from the service under other than honorable conditions, as characterized by the
regulations prescribed by the specific military branch.
(3) Dismissal of a commissioned officer in certain situations involving a court martial or by order of
the President of the United States in time of war.
(4) Dropping an individual from the rolls when the individual has been absent without authority for
more than three months or is imprisoned by the final sentence of a civilian court.
Enforcement. The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is
authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a
complaint, or for any other information on USERRA, contact VETS at 1- 866-4-USADOL or visit its
website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed
athttp://www.dol.gov/elaws/userra.htm.
An employee may submit a request to HR for a statement of the number of workdays an employee
claimed paid Military Leave in that fiscal year.
Misuse/Misrepresentation. Misuse or misrepresentation by an employee in the use of miliary leave is a
serious offense, is considered cause for termination, and will be subject to discipline accordingly.
Misuse includes not returning to work in a timely manner as per the deadlines set forth in this policy.
Filing of false military documents or orders for the purpose of receiving military leave is a serious
military offense covered under the Uniform Code of Military Justice (UCMJ). The City takes the
position that if false documents are discovered, the offense will be reported to the appropriate unit or
command authority. Filing false military documents is cause for termination from City employment.
106.5 Bereavement Leave
Regular full-time employees may be granted up to 24 work hours of paid leave per occurrence for
deaths within the employee’s immediate family. Firefighters assigned to a 24-hour shift will be
eligible to receive a maximum of 36 hours of paid leave per occurrence. For the purpose of
bereavement leave, “immediate family” shall always include a spouse, parent*, parent-in-law,
child*, brother*, sister*, brother-in-law, sister-in- law, son-in-law, daughter-in-law, grandparent,
grandchild or grandparent- in-law. Vacation leave may be used to supplement bereavement leave,
upon request and approval. Employees may be required, at the discretion of the department head,
to present proof of immediate family death. Death of other relatives who had been residing in the
same household will be considered on an individual case basis, with written approval, of the City
Manager (or designee).
* Also includes “step-[relatives]” of these types.
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106.6 Jury/Court Duty
Employees required by summons to report for jury duty (including grand jury duty), or who are
impaneled as a juror or alternate, shall receive their regular pay during the time period directly
related to jury duty (not to exceed 40 hours of jury duty per summons).
Regular Pay.
(1) Employees requesting regular pay for work time spent on jury duty must present
proof of attendance from the presiding court before pay can be issued. Upon release
from jury duty, employees must return to their assigned work location.
(2) Employees will not be discharged for reporting to jury duty or serving as a juror.
Employees failing to return to work after being excused from jury duty during their
normal work hours are subject to disciplinary action.
Official City Business.
(1) Employees who are subpoenaed to appear in court or before any other judicial or
administrative body for and on behalf of official City business or on behalf of the
county, state or federal government for services related to City duties, shall be
compensated in accordance with the procedures specified under this Section.
(2) Employees requesting regular pay shall provide a copy of the subpoena and, if
available, proof of attendance by the court or respective administration body.
Personal/Private Business. Employees will not be paid for time off to conduct personal or
private legal business. Vacation or compensatory time may be used if approved by the
department head.
106.7 Administrative Leave with Pay
Elections. Employees on duty on the date of any national, state, or local election and who
are eligible to vote in such elections shall be granted leave without loss of pay or benefits to
exercise this right if the polls are not open for voting for two consecutive hours outside of
the voter’s work hours. Evidence of voter registration and voting may be required by the
supervisor.
Hazardous Weather Conditions. Except for extraordinary circumstances, City offices DO
NOT CLOSE. In the event of inclement weather, employees are expected to use their good
judgment and are not asked to take unnecessary risks.
(1) Closings of City administrative offices are only authorized by the City Manager.
(2) During official closing period, each department head will designate essential or
emergency service personnel who are required to be on the job regardless of
weather conditions. Such employees are not given time off at a later date for hours
worked during the period of closing. Employees not designated to work are granted
paid administrative leave. Such employees will be compensated at their regular pay
rate for the hours they were scheduled to work. This is to assure that employees do
not lose compensation due to circumstances beyond their control.
(3) Non-exempt employees who are designated essential and who must continue to
work during emergency or weather related closings are compensated at their regular
pay rate during the emergency closing period. Such employees are not given time
off at a later date for hours worked during the period of closing.
(4) Exempt and non-exempt employees on sick leave or vacation leave on a day when
a partial or full day closing occurs are charged with sick or vacation leave for that
day as was scheduled.
(5) Non-exempt employees unable to travel to work during a period of non-closing will
either take vacation leave or leave without pay.
(6) Exempt employees unable to travel to work during a period of non-closing must miss
the entire work day before having to take vacation leave or leave without pay. Partial
day absences do not apply to exempt employees. If an exempt employee has no
accrued vacation time, he or she will be required to make up the missed time at a
later date.
Disciplinary or Criminal Investigations. The City Manager may determine, as a matter of
administrative discretion, that an employee subject to a disciplinary or criminal investigation
should not be in the workplace while that investigation is pending. In such case, the City
Manager may place an employee under investigation on administrative leave with pay for a
period of time appropriate in the individualized circumstances.
(d) Administrative leave with pay may be granted by the City Manager at which time it is in the
best interest of the city.
106.8 Authorized Leave without Pay
A leave of absence without pay may be granted at the discretion of the department head
and must be approved by the City Manager. Such factors, including but not limited to, length
of time away from the job, reason for, and urgency of the request, and length of service with
the City, will be taken into consideration by the City Manager. Leave without pay is granted
as a matter of administrative discretion. No employee may demand leave without pay as a
matter of right, but it may be granted to any employee.
An employee may be granted leave without pay, when all other forms of leave such as
vacation, compensatory time off, holiday, and personal leave have been exhausted. If the
leave is not medical in nature, then accrued sick leave is not an available option.
Leave without pay may be considered for the following reasons:
(1) To participate in training that would result in increased job ability.
(2) To achieve an educational level necessary for advancement in the City.
(3) To perform a service that will contribute to the public welfare.
(4) To recover from an illness or disability, not believed to be of a permanent or
disqualifying nature, for which sick leave and wage supplementation benefits have
been exhausted or are not available.
(5) When return to work would threaten the health of others.
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(6) To provide necessary care for a family member who is ill or is incapacitated.
(7) For an excused absence during the initial employment period.
(8) For an excused, but non-compensable, absence of less than a day.
(9) To permit vacation.
(10) To perform duties in the military service.
In circumstances not falling within other provisions of these rules, the City Manager may
authorize an employee to take leave without pay under mutually agreeable terms and
conditions. Employees taking leave without pay shall not lose or gain seniority. All employee
benefits will remain in effect during periods of authorized leave without pay.
Service credit. An employee who is on leave without pay for more than six 6 consecutive
calendar weeks loses service credit for that period in excess of the six calendar weeks
except in regards to Military Leave.
Accrued leave. An employee granted leave without pay forfeits use and accrual of sick leave,
vacation leave, holiday leave, bereavement leave, court leave, except to the extent that
leave without pay is authorized under federal or state law.
Termination. An employee granted leave without pay must physically return to work to
retrieve sick credit, but will be paid any vacation leave balance due if the employee
terminates in accordance with the terms of this Manual.
106.9 Absence without Leave
Unauthorized leave not reported within 72 hours of the scheduled reporting time shall serve as
notice of immediate resignation by the employee.
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106.10 Catastrophic Leave
(a) Policy
It is the policy of the City to offer eligible participating employees who have exhausted
all available leave balances the opportunity to receive additional leave benefits from a
Catastrophic Leave bank for extended absences in the case of catastrophic illness or
injury to the employee or eligible family member for an FMLA qualifying event.
(b) Procedure/Rule
1. Eligibility. All regular full-time employees are eligible to participate and contribute
to the Catastrophic Leave bank. Eligible contributing employees must have
successfully completed six (6) months of employment. An employee requesting
catastrophic leave must be employed with the City of Anna for ninety (90) days
and must be in good standing. Employees that are placed on a Performance
Improvement Plan or have received any written disciplinary action within the past
year of employment are not eligible to access the leave bank. Participation in the
program is voluntary and must be requested in writing (Appendix A).
2. Minimum Contribution. Fulltime employees wishing to participate may contribute
a minimum of one (1) hour of accrued sick or vacation leave. Contributions will
be credited to the Catastrophic Leave bank. Donated hours will not be distributed
directly to the recipients leave bank but will be available as needed. Employees
electing to participate must contribute hours from the sick or vacation accrual
account. In such case that employees lack the necessary hours in their sick
accrual account, employees may contribute from their vacation accrual
accounts, if applicable. Compensatory time accrual is not eligible for contribution
to the leave bank.
Employees contributing to the Catastrophic Leave bank, must retain no less
than 50% of their annual sick and vacation accrued leave balance available
after donation and must be in good standing.
3. Maximum Contribution. The maximum annual contribution to the Catastrophic
Leave bank is eighty (80) hours per employee per calendar year.
4. Open Donation Period. The Human Resource Department will notify employees
when there is an open period for donations. The notification will be based on the
current need request by employees. The donation period will be open for thirty
(30) days.
5. Contributions to the Catastrophic Leave bank may not be designated for use by
any specific employee, to avoid quid pro quo, HIPAA violations, or any privacy
concerns.
6. Leave cannot be traded, sold, bartered, etc. directly to any employees.
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7. Time donated by an employee may not be recovered or recaptured. As recovering or recapturing
donated time is an administrative burden, leave time donated to the bank will remain for future
occurrences or incidents.
8. Employees that are terminated from the city are not eligible to donate sick or vacation hours to
the catastrophic leave bank.
9. Employees that are not in good standing and have submitted a resignation are not eligible to
donate sick or vacation hours to the catastrophic leave bank.
10. Employees that leave the city within good standing and successfully completed the probationary
period are not eligible to donate accrued sick leave or vacation hours to the Catastrophic Leave
bank.
(c) Definitions
1. Catastrophic Illness or Injury: Catastrophic illness or injury is defined as a serious health
condition that affects the employee, or the employee’s spouse, child or parent, which is
unanticipated, non-job related, not self-inflicted, and requires an employee’s absence
without pay for a period of at least two weeks after all leave balances have been exhausted.
This is further defined as those illnesses or accidents which require confinement in a
hospital or accidents which require extensive medical care of an unforeseeable nature.
Examples include life threatening injury or illness, cancer, AIDS, heart surgery, stroke, etc.
Catastrophic illnesses shall not include elective surgery nor unforeseeable medical care
rendered as a result of something other than injury or disease.
2. Catastrophic Leave Administration. All requests for Catastrophic Leave shall be reviewed
by the Human Resources Department. A representative from the Human Resources
Department will act as the primary administrator and contact for the program.
3. Leave Request Process. An employee making application for Catastrophic Leave must be
made on the standard form provided by the Human Resources Department (Appendix A).
Each application must include the standard FMLA form with a health care provider’s signed
statement. The request must include the health care provider’s name, address and phone
number. The forms shall be submitted to the Human Resources Department.
The maximum hours of Catastrophic Leave that may be requested and be granted is 480
in a calendar year. The guidelines set forth in the City of Anna Personnel Policy Manual
continue to be applicable. The maximum hours of Catastrophic Leave that can be granted
to a single employee is 960 hours in a lifetime.
4. Advance Notice of Need. Requests that are approved will not be granted retroactively.
When possible, the employee should request catastrophic leave at least fifteen (15) working
days prior to exhausting all paid leave.
5. Application Review. The Human Resources Department will review each application and
ensure that each of the following conditions have been met:
(a) Employee is enrolled as a participant in the Catastrophic Leave bank. This
does not guarantee that requested Catastrophic Leave will be granted to a
participating employee.
(b) Employee’s entire accumulated leave (holiday, sick, vacation, comp- time,
etc.) has been exhausted. The leave balance must be zero (0) balance.
(c) Proper documentation is complete and is provided in a timely manner
(Appendix A and standard FMLA form) and
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(d) Requesting employee or immediate family member has a qualifying
catastrophic illness or injury.
(e.) The Human Resources Department will inform the applicant of their decision
in writing within five (5) days after the receipt of the application.
6. The Human Resource Department will inform the City Manager of request for leave. The City
Manager’s approval is final.
7. Employees may request donations in eight (8) hour increments only or greater if shift
schedules are in larger increments, e.g. 10; 12; 24.
8. While an employee is receiving benefits from the Catastrophic Leave bank, he or she will
not continue to accrue vacation time, compensatory time, sick leave, or personal holiday
leave.
9. Catastrophic Leave that is granted and not used by the employee will revert back to the
Catastrophic Leave Bank.
10. If a separation of employment occurs while an employee is utilizing Catastrophic Leave, the
employee may not receive payment for the remaining balance of their Catastrophic Leave.
11. Ineligibility. A participating employee shall lose the right to obtain benefits from the
Catastrophic Leave bank by:
(a) Termination of employment, including resignation,
involuntary termination and retirement; or
(b) Refusal to comply with the policies and procedures set forth in the Human
Resources Manual and/or this policy; or
(c) Determination of permanent disability by the U.S. Social Security
Administration; or
(d) Accumulation of other city derived compensation, e.g. sick leave, vacation
leave, etc.; or
(e) Return to work after two (2) weeks in his/her normal status, at which time all
unused granted leave by the bank shall be returned to the bank; or
(f) Compensation from short-term disability or long-term disability; or
(g) Currently on salary continuation for workers compensation.
12. Coordination with FMLA: In those cases where the employee is eligible for leave for a
serious health condition which qualifies under both the Catastrophic Leave and FMLA, these
benefits shall automatically run concurrently and be counted against the employee’s
entitlement to family medical leave.
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CATASTROPHIC LEAVE REQUEST FORM
Employee Name:
Department Number: Date:
I am requesting consideration for approval of Catastrophic Leave for the following
reasons:
The standard FMLA form including an attending physician’s signed signature must be
attached to this request form.
I am requesting Catastrophic Leave until:
Available leave accruals were/will be exhausted on:
I understand that if I receive Catastrophic Leave it will count as leave under the City’s
FMLA policy.
Applicant Signature Date
Department Director Signature Da
For Human Resource Department Use Only:
□ Approved □ Denied
Reason for Denial:
Date:
If approved, time period leave granted for: Total hours
approved:
Human Resource Dept. Representative Signature Date
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106.11 Mental Health Leave for Peace Officers
(a) Definitions
Traumatic event - an event, series of events, incident, or set of circumstances that
is experienced by the employee, during the scope of employment, as physically
harmful, emotionally harmful, or life threatening and that has the potential to cause
lasting adverse effects on the employee’s functioning and mental, physical, social,
or emotional well-being outside of the typical setting for the position.
Traumatic events may include, but are not limited to, the following:
(1) Major disasters which may include response to weather related events involving multiple
a. casualties; or explosions with multiple casualties; or search and recovery missions
involving
b. multiple casualties;
(2) Incidents involving multiple casualties which may include shootings or traffic accidents;
(3) Line of duty death or suicide of a department member;
(4) Death of a child resulting from violence or neglect;
(5) Officer(s) involved shooting of a person.
(b) Eligibility and Applicability
(1) This policy is applicable to employees who are employed for the purpose of acting as
peace officers, as defined by the Texas Commission on Law Enforcement (TCOLE),
for the City of Anna.
(2) This provisional policy takes effect September 1, 2021 (Texas G.C 614.015), and may
be later updated by the City.
(3) This policy allows the use of mental health leave for those eligible peace officer
employees who experience a traumatic event in the scope of employment.
(4) Employees who meet all eligibility requirements are entitled to up to three calendar
days per calendar year of mental health leave.
(5) Mental health leave beyond three days will be reviewed to determine if the leave is an
FMLA-qualifying reason.
(6) Approved mental health leave will be paid leave that does not utilize accruals or cause
a deduction in salary.
(7) If mental health leave is not requested by an employee during the 12 months following
the traumatic event, the employee will not be compensated for unused time. This time
does not roll over or accumulate over calendar years and will not be paid out upon
separation from employment with the City.
(c) Process
(1) If eligible, an employee, or supervisor on their behalf if requested by the employee,
may request Mental Health Leave in writing through a memorandum to the Human
Resources Director within two days of the traumatic event. The request must be
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accompanied by an authorization from the employee for the City to access information
from the employee’s treatment providers as necessary for implementation of this
policy.
(2) Notice of intent to utilize mental health leave should be given immediately upon a
determination of need.
(3) If the City determines that leave is being taken for an FMLA-qualifying reason, the City
shall notify the employee in writing and generally within five business days of the
determination.
(4) Human Resources will provide reasonable assistance regarding obtaining mental
health services and contacts for the employees who have been approved for mental
health leave.
(5) Approved leave will run concurrently with FMLA under appropriate circumstances. This
means that use of mental health leave will count against the employee’s 12 week
annual allotment of FMLA leave.
(6) Prior to returning to work, the City may request the employee to submit to a fitness for
duty as a requirement in order to return to work. Fitness for duty certifications will be
required whenever an employee indicates any inability to fully perform any portion of
their assigned job description due to experiencing a traumatic event.
(7) The employee is required to authorize the City’s Human Resources Department their
status with the psychologist including: status regarding their ability to return to work;
additional care or treatment that is considered necessary; timeframes regarding the
care expected or needed necessitating absence from the workplace; and status
updates that provide a depiction of the employees ability and competency to complete
their position’s requirements, attendance.
(8) If an employee wants to contest a denied mental health leave request, they may do
so in writing to the Director of Human Resources within 3 business days of receiving
the denial. They may appeal the decision of the Director of Human Resources to the
City Manager in writing within 3 business days of receiving the denial. The decision of
the City Manager shall be final.
(9) Once the employee’s mental health leave allotment under this policy has been
exhausted, additional leave outside of this policy may be available through FMLA,
which may be paid or unpaid as dictated by the City’s FMLA policy and the employee’s
accrued leave balances.
(d) Anonymity
(1) The memorandum submission will only be sent to the employee’s department or division
head and the Director of Human Resources, in order to maintain anonymity for the
employee.
(2) Memorandum submission will only be used in order to process the employee’s request,
including: leave request review, medical professional assistance, and other items
pertaining to the review and execution of mental health leave for peace officers.
(3) Status of the employee, if mental health leave is granted, will only be conveyed to
necessary members of the Human Resources Department for processing, the employee’s
department or division head, and the City Manager.
(4) Approved leave and the nature of the requested leave will not be reflected, expressed, or
conveyed to employees, outside of those individuals listed above, except as necessary in
order to process the claim.
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(5) Use of mental health leave by an individual will be kept confidential to the extent possible
with only those on a need-to-know basis.
106.12 Public Safety Paid Quarantine Leave
(a) Purpose: To provide paid quarantine leave to the City’s Public Safety employees as required
by and in accordance with Texas Local Government Code, §180.008. The City provides paid
quarantine leave for all employees who are certified and employed by the City as a firefighter,
police officer, paramedic, and/or certified EMT (together “Public Safety employees”) in
accordance with state law and this policy.
(b) Eligibility. Paid quarantine leave will be provided to Public Safety employees when they are
ordered by their supervisor (through the chain of command) or the City’s Health Authority
(Collin County) to quarantine or isolate due to a possible or known exposure to a
communicable disease while on duty. Paid leave for scheduled work time missed due to
quarantine will be provided for the duration of the quarantine period.
(c) The City’s Health Authority. Collin County is the City’s Health Authority and will determine
when a threat of a highly communicable or a life-endangering disease is immediately present
and may release quarantine orders or protocols for Public Safety employees to follow. If this
occurs, Department supervisors will confer with the HR Director to allow for the use of paid
quarantine leave based on the health authority’s orders/protocols for appropriately dealing
with the disease and/or prevention of community spread. Public Safety employees will be
released from quarantine leave based on guidance from the local health authority.
(d) Required Notification by Employees. You must immediately notify your supervisor (or next
in line in your chain of command if your immediate supervisor is unavailable) and the HR
Director:
(1) Of any known or possible on duty exposure to a communicable disease.
(2) If you test positive for a communicable disease (you must provide your test results).
(e) Benefits While on Leave. Employees on paid quarantine leave continue their eligibility for all
employment benefits and compensation, including leave accruals, pension benefits, and
group health insurance coverage for the duration of the leave. While on paid quarantine
leave, the employee’s paid leave balances will not be reduced.
(f) Reimbursement for Expenses. When applicable, employees ordered to quarantine may be
eligible for reimbursement for reasonable costs related to the quarantine, including lodging,
medical, and transportation costs. Employees must obtain written approval for
reimbursement from their Department Head and the HR Director prior to incurring quarantine
expenses. Timely submission of receipts and other appropriate documentation of expenses
is required. See City’s Travel & Expense Reimbursement Policy for additional information
on meal reimbursement, allowable and non-allowable expenses, etc.
(g) Lodging During Quarantine. It is expected that most employees will stay at their primary
residence (i.e., the employee’s home address on file with HR) during quarantine leave. If an
employee is unable to effectively distance from other household members at their primary
residence and they want to quarantine elsewhere they may, with proper authorization, elect
to stay at either of the following locations:
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(h) A hotel in McKinney (or other location) that the City has arranged to provide accommodations
for City employees ordered to quarantine, or
(i) Another location available to the employee where distancing can be maintained, e.g., a
second home or RV.
(j) You must obtain written permission from both your Department Head and the HR Director if
you choose to quarantine away from your primary residence.
(k) Expectations During Quarantine. During quarantine, employees are expected to restrict their
activities and limit actions that may put them in contact with others. This means that while
necessary trips to a testing facility, doctor, or other health care provider are permissible, other
activities and/or travel away from your approved quarantine location are prohibited. You must
obtain written permission from both your Department Head and the HR Director if you want
to quarantine away from your primary residence or if you want to travel away from your
approved quarantine location. Additional expectations:
(1) Stay at home (or at other approved location). Only leave to get needed medical care or
to be tested.
(2) If staying at home or other shared areas, separate from others (unless they are also in
quarantine).
a. Stay in a separate room from other household members, if possible.
b. Use a separate bathroom, if possible.
c. Avoid common areas, contact with other household members, and pets.
d. Do not make or serve food to others. If you are the sole caregiver and must prepare
and/or serve food to others, wear a mask and wash your hand frequently.
e. Don’t share personal household items, like cups, towels, and utensils.
f. Do not allow non-essential visitors.
g. If you must be in the same room with someone else:
i. Everyone should wear a mask.
ii. Keep 6 feet away.
iii. Open windows or use a fan or air conditioner in shared spaces.
iv. If sharing a bathroom, disinfect after use.
(3) Monitor your symptoms and your health. Take care of yourself. Get rest and stay
hydrated. Seek medical care when needed, but call first except in an emergency.
(4) When getting medical care or traveling to a testing location:
a. Avoid public transportation, ride-sharing, and taxis.
b. Use a private car if possible.
c. If you cannot drive yourself, keep as much distance between yourself and the
driver and keep the windows down.
d. Have others shop for food and other necessities.
(5) If you do not have someone to help you, arrange for food and other supplies to be left at
your door.
(6) Use common sense and take steps to prevent others from getting infected.
(l) Public Safety employees are required to use appropriate PPE as set out in their Department’s
internal directives, policies, and procedures in order to reduce the risk of a possible exposure
to COVID-19. Employees with a possible or known exposure to COVID- 19 will be tested in
accordance with Collin County’s testing orders/protocols for Public Safety employees. If you
test positive for COVID-19, HR will notify the City’s workers’ compensation provider. (The
absence may also be designated as FMLA.) Normally, the quarantine period
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for COVID-19 is 10 days; if, however, you test positive for COVID-19, the quarantine period
may be extended in increments of 3 days to allow for additional testing. Employees must
submit to all testing required by the City. (Note: The City’s COVID-19 testing and quarantine
requirements are subject to change without a formal amendment to this policy.)
(m) During quarantine, employees who have the ability to work from home (or other approved
quarantine location) based on their job duties may be required to do so.
(n) Employees must timely provide documentation requested by the City in support of their need
for leave, including but not limited to test results and proof of an order to quarantine.
(o) Violation of quarantine expectations and other requirements of this policy will likely result in
disciplinary action, up to and including termination of employment. Violations may also result
in the employee being denied paid leave and/or other benefits provided in this policy.
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City of Anna
Personnel Policy Manual
Section 107. Family Medical Leave
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107.1 Definitions
The City will provide Family Medical Leave in accordance the terms and conditions prescribed
by state and federal law and these policies. The following definitions are provided for ease of
reference and employees should refer to the Family Medical Leave Act (“FMLA”) for more
complete or updated information. If the following definitions conflict with the definitions set forth
in the FMLA, the definitions in the FMLA shall control to the extent of the conflict.
Child. A biological, adopted or foster child; a stepchild; a legal ward; or a child of a person
standing in loco parentis. The child must be under 18 years of age, or 18 years of age or
older, but incapable of self-care because of a mental or physical disability.
Covered Servicemember.
(1) a member of the Armed Forces (including a member of the National Guard or
Reserves) who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired list,
for a serious injury or illness; or
(2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a
serious injury or illness and who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
Eligible Family Member. An Eligible Employee’s child, stepchild, parent, stepparent and
spouse. The term “parent” does not include a parent “in-law.”
Health Care Provider.
(1) Includes doctor of medicine or osteopathy, podiatrist, dentist, clinical psychologist,
optometrist, chiropractor, nurse practitioner, nurse-midwife, clinical social worker,
Christian Science practitioners (if listed with the First Church of Christ, Scientist in
Boston, Massachusetts), and any health care provider recognized by the City or
City’s group health plan benefits manager. These health care providers must be
authorized to practice in the state in which the provider practices and be performing
within the scope of their practice as defined under state or federal law.
(2) This term also includes a health care provider listed above who practices in a country
other than the United States and who is authorized to practice under the laws of that
country.
Outpatient status. The status of a member of the Armed Forces assigned to:
(1) a military medical treatment facility as an outpatient; or
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(2) a unit established for the purpose of providing command and control of members of
the Armed Forces receiving medical care as outpatients.
Serious Health Condition. Includes an illness, injury, impairment, or physical or mental
condition that involves any of the following:
(1) Any period of incapacity or treatment connected with inpatient care (i.e., an overnight
stay) in a hospital, hospice or residential medical care facility;
(2) A period of incapacity requiring absence of more than three calendar days from work,
school, or other regular daily activities that also involves continuing treatment by (or
under the supervision of) a health care provider;
(3) Any period of incapacity due to pregnancy, or for prenatal care;
(4) Any period of incapacity (or treatment therefore) due to a chronic serious health
condition;
(5) A period of incapacity that is permanent or long-term due to a condition for which
treatment may not be effective; or
(6) Any absences to receive multiple treatments (including any period of recovery
therefrom) by, or on referral by, a health care provider for a condition that likely would
result in incapacity of more than three consecutive days if left untreated.
Serious injury or illness.
(1) in the case of a member of the Armed Forces (including a member of the National
Guard or Reserves), means an injury or illness that was incurred by the member in
line of duty on active duty in the Armed Forces (or existed before the beginning of
the member's active duty and was aggravated by service in line of duty on active
duty in the Armed Forces) and that may render the member medically unfit to perform
the duties of the member's office, grade, rank, or rating; and
(2) in the case of a veteran who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time during a period described
in subsection (b)(2), above, means a qualifying (as defined by the Secretary of
Labor) injury or illness that was incurred by the member in line of duty on active duty
in the Armed Forces (or existed before the beginning of the member's active duty
and was aggravated by service in line of duty on active duty in the Armed Forces)
and that manifested itself before or after the member became a veteran.
107.2 Eligibility
Subject to subsection (h), below, and only to the extent that an employee is an “eligible
employee” under this section 107 and under 29 U.S.C. § 2611 (Family Medical Leave Act),
the City will provide up to twelve weeks of unpaid leave in a twelve-month period. This
benefit will be offered to eligible employees for the following reasons:
(1) Birth of a child;
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(2) Upon placement with the employee of a child for adoption or foster care;
(3) Care of an eligible family member;
(4) The employee’s own serious health condition that makes the employee unable to
perform the essential functions of his or her job;
(5) Any qualifying exigency arising out of the fact that the employee’s spouse, child, or
parent is on active duty or has been notified of an impending call or order to active
duty in the U.S. National Guard or Reserves in support of a contingency operation. A
list of qualifying exigencies is available from the U.S. Department of Labor (Wage and
Hour Division); and
(6) Any other reason if required under federal law.
Time taken under (a)(1) or (a)(2) must be completed within twelve months of the occurrence.
An employee who is the spouse, child, parent, or next of kin of a covered servicemember
with a serious injury or illness may be eligible for up to 26 work weeks of unpaid leave during
a 12-month period to care for that servicemember (Military Caregiver Leave). Employees
who need further information on this type of leave should contact the U.S. Department of
Labor (Wage and Hour Division).
Employees must have worked for the City at least twelve months and must have worked for
the City at least 1,250 hours during the twelve months prior to the request for leave under
the FMLA. In determining whether or not an employee has worked for the City for the
required twelve months, all time worked for the City will be counted (even if in
nonconsecutive periods). In determining the amount of leave available to an employee, the
City will consider any leave under the FMLA taken in the twelve (12) months prior to the date
the requested leave is to begin.
If both the employee and the employee’s spouse are employed by the City, family leave
may be limited to a total of 12 workweeks combined if the reason for FMLA leave is for: birth
and care of a child; for the placement of child for adoption or foster care, and to care for the
newly placed child; or to care for an employee’s parent who has a serious health condition.
As an example of how this limitation may work, during a 12‑month designated period, the
married couple took 12 weeks combined (mother/wife took 10 weeks, father/husband took
2 weeks) for the birth and care of the newborn child. The mother/wife would have two
workweeks of FMLA leave to care for her own serious health condition or that of her or child
or spouse. The father/husband would have remaining 10 weeks of leave to care for his own
serious health condition or that of his spouse or child. Since this married couple used 12
workweeks of FMLA leave for the birth and care of the newborn child, no additional FMLA
leave may be taken to care for the parent with a serious health condition by either spouse
in the remaining 12 months.
Most employees taking leave under the FMLA will be allowed to return to the same or
equivalent position upon returning to work. Certain salaried employees meeting the FMLA
definition of “key” employees may be denied reinstatement to employment when the City
believes it would cause substantial and grievous economic injury to its operations. If any
“key” employee is to be denied reinstatement, the City will provide the employee with written
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notice of: his/her status as a “key” employee and the reasons for denying job restoration. In
such circumstances, the “key” employee will be provided a reasonable opportunity to return
to work after provision of the notice.
Any employee taking family and medical leave due to their own serious health condition may
be required to provide a completed Notice of Intent to Return from Leave form (refer to
Appendix A-6).
Exclusion. Notwithstanding any other provision in this Manual, an employee is not eligible
for FMLA leave if employed at a worksite at which the City employs less than 50 employees
if the total number of employees employed by the City within 75 miles of that worksite is less
than 50.
107.3 Continuation of Medical Benefits
While the employee is on family medical leave, the City will continue to provide the employee
with health benefits. These benefits will be provided to the employee under the same
conditions as if the employee was actively working. The employee must continue to pay
applicable premiums, co-payments, deductibles and other out-of-pocket expenses
(including premiums for dependent coverage, if any).
Any employee taking leave under the FMLA must work with Human Resources to determine
a written schedule for paying insurance benefit premiums. The meeting shall take place prior
to the employee taking family medical leave. When an employee is placed on unpaid leave
under the FMLA, the City will continue eligible employees’ health care benefits including
medical benefits. During the period of unpaid leave, the employee receives the same
benefits and has the same payment obligations as employees who are working. This means
that employees on unpaid leave must make arrangements with the Human Resources
Department to continue paying the employee share of premiums, if any. A 30-day grace
period for payment of premiums will be provided before coverage is affected.
An employee who is on unpaid leave under the FMLA and chooses not to pay, or agrees
but fails to pay, insurance premiums, shall have insurance benefits cancelled for non-
payment of insurance premium. An employee whose insurance benefits are cancelled (due
to non-payment of premium) shall, upon returning to work (full-time), have insurance benefits
restored as if there was no break in coverage. Insurance benefits for the employee will be
restored without the employee having to meet any qualifications, take a physical examination
or satisfy pre-existing conditions.
The City will cease to make health benefit payments if and when an employee informs the
employer of any intent not to return to work at the end of the leave period, or if the employee
fails to return to work when the FMLA leave entitlement is exhausted. The City may, at its
option, cease to make health benefit payments on behalf of an employee if the employee’s
premium payment is more than 30 days late. If the City anticipates terminating health benefit
payments on this basis, the employee will receive written notice advising that coverage will
cease if payment is not received at least 15 days in advance of the City’s cessation of health
benefit payments.
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The City may require any employee who fails to return to work after using family medical
leave to reimburse the City for any insurance premiums paid by the City to maintain the
employee’s dependent health coverage.
107.4 Notification
Employees are required to give 30 days’ notice (when possible) to Human Resources of the
intent to take leave under the FMLA. If 30-day notice is not possible, notice should be
provided immediately upon a determination of need. Employees should provide at least
verbal notice within two business days of learning of the need to take FMLA leave. The
employee must provide sufficient information to make the City aware of the need for FMLA
leave and the anticipated timing and duration of the leave. If an employee seeks leave for
an FMLA-qualifying reason for which the employer has previously provided the employee
with FMLA-protected leave, the employee must specifically reference either the qualifying
reason for leave or the need for FMLA leave.
If the City determines that leave is being taken for an FMLA-qualifying reason, it shall notify
the employee that the leave is designated and will be counted as FMLA leave. Such notice
will be in writing and generally provided within five business days of the determination.
107.5 Medical Certification
(a) Any employee requesting family medical leave for a serious health condition of the
employee or of an eligible family member shall provide a completed Certification of Health
Care Provider for Employee’s Serious Health Condition or a completed Certification of
Health Care Provider for Family Member’s Serious Health Condition (refer to Appendix A-7
or Appendix A-7.1, as applicable). Employees have at least 15 calendar days of the
request for FMLA leave, but not more than 20 calendar days to obtain and submit to the
Human Resource Department the required medical certification. The certification form
must be completed by the patient’s health care provider(s) and must contain at least the
following:
(1) Date condition began;
(2) Probably duration of condition;
(3) Appropriate medical facts about the condition; and
(4) Statement that the employee is needed to care for the ill family member or, in the case of
their own illness, is unable to perform their job
The City may require a second opinion from a health care provider of its choice at its own
expense. If the opinions of the two health care providers conflict, the City may require, at its
expense, a third medical opinion from a health care provider mutually agreed upon by the
employee and the City. The third opinion shall be considered final and binding on both the
employee and the City.
The City will not require a second or third opinion of certification, or require recertification,
of a covered servicemember’s serious injury or illness, or of a qualifying exigency. The City
may, at its option, contact the individual or entity named in a certification of leave for a
qualifying exigency for purposes of verifying the existence and nature of the meeting.
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To protect the employee’s privacy, the certifications will be treated as confidential medical
records and will be disclosed on a strict need-to-know basis.
107.6 Reduced Work Schedule
Any employee placed on a reduced/intermittent work schedule while on leave under the
FMLA must provide Human Resources with a completed certification form (refer to Appendix
A-7). The medical certification must be completed by the patient’s health care provider. The
form shall state that intermittent leave is medically necessary and must specify the
approximate length of time the employee will be on a modified work schedule.
When an employee requests intermittent leave or a reduced work schedule, the employee
may be temporarily transferred to alternative positions with equivalent pay and benefits. The
purpose of the transfer is to better accommodate recurring leave periods.
107.7 Use of Paid Leave
a Accrued sick leave, vacation leave, or other accrued paid leave must be used concurrently
with unpaid leave under the FMLA (administrative leave without pay); provided, however,
that sick leave shall not be used concurrently with unpaid leave under FMLA in any
situation where sick leave is not authorized by the City’s personnel policies including without
limitation Section 106.3(b) or when an employee fails to provide the proof and/or certificate
that may be required under Section 106.3(i). If the City substitutes paid leave for unpaid
FMLA leave, it may be counted against the 12-week FMLA entitlement if the employee is
notified of the designation when the substitution begins.
In the case of family and medical leave, the City shall send notification to the
employee designating the time off as leave under the FMLA.
107.8 Parties’ Responsibilities
Employee.
(1) Notify the City of any needed leave required due to a Serious Health Condition. If the
employee fails to notify the City of the reason for leave, the leave may only be
retroactively designated as FMLA leave if the City is notified of the designation while
the leave is in progress or within two business days of the employee’s return to work.
However, retroactive designation is not available if the employee’s failure to notify the
City of the reason for leave resulted in the employee’s separation of employment from
the City under circumstances in which the City had no actual notice that the leave was
required for a Serious Health Condition.
(2) Employee on leave under the FMLA may be required to report their medical status
and/or intent to return to work or expected date of return to their Department Head at
least every two weeks.
(3) Other responsibilities as set forth in this Section 107.
Department Head.
(1) Requesting leave under the FMLA and designating the same is a process that
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requires interaction by the employee and Human Resources. Because employees
may not always use the specific terms “leave under the FMLA” or “family and medical
leave,” upon the employee’s request for leave, it is the responsibility of the employee
to discuss the reason(s) for the leave and Human Resources to determine whether
they meet FMLA guidelines. As soon as possible, the employee shall inform Human
Resources of a need to take leave under the FMLA an Application for Family and
Medical Leave shall be completed (refer to Appendix A-8). Human Resources should
review the circumstances of the leave to determine if it should be considered family
medical leave.
(2) At the time an employee begins taking leave that would qualify as family medical
leave, Human Resources will notify the employee and the Department Head in
writing, that the leave will be treated as leave under the FMLA. The Department Head
(or designee) shall record when the leave began and how long it is expected to last.
(3) It is the responsibility of the Department Head (or designee) to ensure FMLA leave is
properly coded in the Time and Attendance software, including if an employee requests
leave for family and medical purposes that necessitates time off without pay (i.e., all
applicable accrued paid time has been exhausted).,This will document that the total
amount of leave under the FMLA (unpaid in addition to paid) does not exceed the 12-
week maximum.
The City. The City, as employer, shall not use the taking of FMLA leave as a negative factor in
employment actions such as hiring, promotions, or disciplinary actions. The City will not count
FMLA leave under any “no fault” attendance policy currently in place or which may be enacted
in the future.
107.9 Coordination with Workers’ Compensation Benefits
In those cases where the employee is eligible for leave for a serious health condition which
qualifies under both the FMLA and Workers’ Compensation (WC), these benefits shall
automatically run concurrent. This coordination shall occur in circumstances such as when an
employee sustains a serious work related injury resulting in hospitalization, or misses more than
three workdays (in excess of 4 hours a day) due to a compensable work related injury.
Coordination shall occur as follows:
(1) Notification Procedure. The injured employee must submit a completed incident
report to the Human Resources Department. This report shall be submitted within 24
hours and will serve as official notification to Human Resources that an incident has
occurred. Upon receiving the completed incident report Human Resources shall
notify the employee’s Department Head of a qualifying WC claim and will designate
the employee’s lost time as leave under the FMLA (if applicable). If such injury is
designated as leave under the FMLA the Department Head shall notify the employee
in writing within two business days of such designation. The time of absence will be
deducted from the employee’s available family and medical leave.
(2) Light Duty Position. The City may not require employees who are using leave under
the FMLA and WC leave concurrently to accept a light duty position recommended
by the physician treating the employee for the WC injury if the employee is still eligible
for and wants to utilize any leave under the FMLA. However, an employee who
declines the City’s offer for light duty work will lose their right to collect WC benefits.
Once WC benefits cease, the City will require the employee to use accrued paid leave
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(e.g. vacation, sick, etc.) before unpaid leave may be used.
(3) Payment of Workers’ Compensation Benefits. At no time shall any employee be
allowed to collect Workers’ Compensation benefits and sick/vacation leave benefits
equal to more than 100% of employee’s normal rate of pay.
107.10 Temporary Replacements
If, due to business necessity, the department needs to fill the position during the leave period,
authorization may be requested from the City Manager for the hiring of a temporary employee.
107.11 Incapacity to Work
1. After twelve weeks of continuous absence and/or inability to perform the essential functions
of his/her position, an employee may request an ADAAA (American with Disabilities Act
Amendments Act) accommodation with Human Resources for review. If it is determined that
a reasonable accommodation under ADAAA cannot be granted due to the cause of undue
hardship on City operations or other lawful reasons, then the employee may be separated
from employment with the City.
2. In the event FMLA leave exhausts twelve work weeks, and the employee remains incapable
of returning to work in a full or limited capacity, he/she may request an additional period of
leave. Each request will be reviewed on a case-by-case basis for approval by Human
Resources and the City Manager (or designee).
3. Contact the Human Resources Department for guidance as soon as it becomes apparent that
an FMLA leave may expire (after twelve work weeks).
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108.1 Open Communication/Open Door
It is the City’s goal to maintain approachable, open-minded, two-way communication at all
levels between all City employees and to improve the quality and efficiency of City services.
All employees are encouraged to participate in a free and uninhibited exchange of questions,
suggestions and information which may improve municipal service, safety, employee
performance and morale, efficiency, cost effectiveness, effective maintenance or public
relations: anything that will enable us to do a better job.
Employees are strongly urged to first discuss the issue of concern with their immediate
supervisor; however, when unusual circumstances merit departure of the normal chain of
command, employees may contact anyone in the City administration structure, including the
City Manager, to answer their questions or concerns.
108.2 Privacy Expectations
All employees are responsible for maintaining a level of confidentiality that will preserve an
environment that supports sincerity, honesty, and ethical behavior. City employees shall not
use their position to secure official information about any person or entity for any purpose
other than the performance of official responsibilities. Additionally, a City employee shall not
intentionally or knowingly disclose any Confidential Government Information gained by
reason of the employee’s position.
Subsection (a) does not prohibit:
(1) the reporting of illegal or unethical conduct to authorities designated by law; or
(2) any disclosure, not otherwise prohibited by law, in furtherance of public safety.
“Confidential Government Information” as used in this section includes:
(1) all information held by the City that is not available to the public under the Texas
Public Information Act;
(2) all information held by the City that is available to certain persons based only on the
person’s special right of access as applies under the Texas Public Information Act;
(3) any information from a meeting closed to the public pursuant to the Texas Open
Meetings Act; and
(4) any information protected by client-attorney privilege, attorney work product, or other
applicable legal privilege.
City of Anna
Personnel Policy Manual
Section 108. Employee Communications Policy
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As City employees supported by public funds, employees should not expect privacy in their
work facilities, workstations, and/or anything that belongs to the City used to produce that
work.
If an employee has questions about whether certain information is considered confidential,
please contact your superior or the Director of Human Resources.
108.3 Telephone Usage
If requested, department heads shall be responsible for producing logs of long distance telephone
calls and for assuring that they are only made for necessary City business. Telephones should be
answered promptly and courteously. Personal calls shall be limited so as to not interfere with City
business.
108.3.1 Personal Use of City Provided Cell Phones
(a) Employees are responsible for exercising good judgment regarding the reasonableness
of personal use. City cell phones are to be used for City business. (Occasional personal
use is permitted as long as it does not exceed the total monthly allocation.) Employees
are subject to the rules set forth below in Section 108.03.3 when using City cell phones
for personal use.
(b) When personal calls cause the monthly plan minutes to be exceeded, employees shall
reimburse the City for the total amount in excess of the normal monthly bill.
(c) The smallest cell phone plan available that accommodates the business needs shall be
utilized at all times. If the business needs of the employee require a cell phone contract
based on unlimited monthly use, the employee is required to reimburse the City for monthly
personal calls. The reimbursement rate will be 20% of the total monthly bill.
108.3.2 Cell Phone Issuance
(a) Issuance of a city cell phone must have the approval of the City Manager or his/her
designee. City positions will be evaluated on a case-by-case basis by the City Manager’s
office and department directors. If a city position has been approved for issuance of a city
cell phone the city equipment will be supplied by the Information Technology Director.
(c) Employees are advised that records related to calls made on city issued cell phones are
public information. Information related to telephone numbers called, time and date, and
length of calls ordinarily may be obtained through the Open Records Act except in narrowly
defined circumstances. Employees are advised and should be aware of the fact that
cellular calls are not secure and can be monitored. It is a crime for a third party to
intentionally monitor cellular phone conversations without the consent of one of the parties
to the conversation. A party to the conversation can legally monitor or record the
conversation.
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108.3.3 Use of Personal Cell Phones
The City recognizes that many employees have cell phones that they bring to work. Cell
phones may belong to the employee or be provided for the employee’s use by the City, as
set forth in Section 108.03.1 and 108.03.2. The use of an employee’s personal cell
phone—including but not limited to cell phones with functions such as cameras and video
and audio recorders—at work must not interfere with job duties or performance.
Employees must not allow cell phone use to become disruptive or interfere with their own
or a co-worker’s job performance. Use of personal cell phones should not be used in areas
that are accessible to the public, such as the front desk, or in the presence of a customer.
An employee may not photograph or otherwise record any event or situation that would
constitute confidential information, as that term is defined in Section 101.01.1, without
obtaining the advance permission from the employee’s department head or the City
Manager. An employee may not photograph or otherwise record any activity or event
during work hours, without obtaining the advance permission from the employee’s
department head or the City Manager, unless the employee’s work assignments include
duties that would require taking photographs or recordings in the performance of their
official responsibilities, in which case any such photographs or recordings are the property
of the City.
Cell phone use that violates any City policy, including but not limited to the policy on sexual
and other unlawful harassment, will be subject to disciplinary action, up to and including
termination.
108.4 Electronic Communications Policy 1
Generally.
(1) The City may provide computer networks, intranet and internet access, email,
telephones, digital cameras, voice mail, and fax communication systems for use by
City employees in the performance of their job duties. These communication
devices are referred to collectively in this policy as “electronic communications
systems” or “systems.”
(2) The City systems are designed to support and enhance the communication, research
and information capabilities of City employees and to encourage work-related
communication and sharing of information resources within the City. This policy
governs user behavior pertaining to access and usage of the City’s electronic
communications systems and, to a certain degree, use of employee’s personal
computers or electronic communications devices used during performance of City
business.
1 Notwithstanding any provision of this Manual to the contrary, this Electronic Communications Policy
shall not apply to employees, including peace officers, to the extent that applying the policy would
effectively: (1) require the employee to disclose information that is made confidential by law to a person
who is not authorized to receive same; (2) interfere with a peace officer’s lawful attempts to enforce the
law or to investigate, detect or prevent criminal activity; or (3) otherwise violate an applicable state or
federal law or regulation. If an employee has any questions about the applicability of this policy, they
should consult with their supervisor, their department head, or the Human Resources Director. See also
Section 116.02 of this Manual.
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(3) This policy applies to all City employees, contractors, volunteers and other
representatives of the City who use the City systems. The City systems must be used
in a professional, responsible, efficient, ethical and legal manner and in a manner that
does not unreasonably disrupt the working environment.
(4) The City owns the rights to all data and files stored in the City’s electronic
communications systems to the extent that such rights are not superseded by
applicable laws relating to intellectual property.
Employee Consent. By accepting employment with the City, employees expressly consent
to the collecting, reading, cataloguing, or other monitoring of electronic communications
stored on the City’s electronic communications systems, regardless of whether the City
systems are being used for City business or non-City business. Employees who wish to
maintain their right to confidentiality or a disclosure privilege must send or receive such
information using some means other than City systems or the City-provided Internet access.
Acceptable Use.
(1) Acceptable uses of the City’s systems are limited to those activities that support
reference, research, internal/external communication and conducting City business
in line with the user’s job responsibilities, subject to the exception set forth in the
following paragraph (2). Employees who use the systems are encouraged to develop
uses which meet their individual job-related needs and which take advantage of the
City’s electronic communications systems. The City prohibits connection to sites or
forwarding of information that contain materials that may be offensive to others
including, but not limited to, sites or information containing sexually explicit material.
(2) Users must understand that use of the City’s electronic communications systems is
a privilege. Minimal personal use of the internet or email and other electronic
communications systems is allowed under this policy as long as such use is not
excessive, does not impede job performance or the performance of City business,
and does not result in any unauthorized expenses or charges to the City. The City is
not responsible for personal communications sent or received on City systems, or for
maintaining the confidentiality of such communications.
(3) The City reserves the right to monitor employee email and internet usage stored on
the City’s electronic communications systems, including the right to monitor
electronic mail messages (including personal/private/instant messaging and text
message systems) and their content, as well as any and all use by employees of the
internet and computer equipment used to create, view, or access email and Internet
content where such content is stored on the City’s electronic communications
systems.
Prohibited Uses and Rules Governing City Systems include:
(1) The use of video, audio, image, storage, etc. can put a strain on the available
resources of the City systems and bandwidth. The City reserves the right to prohibit
or limit any bandwidth limiting activities. The City also reserves the right to require a
review of any usage that is discovered to have strained the City's resources.
Employees found to violate this policy will be subject to the disciplinary process.
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(2) Distributing or otherwise using profanity, obscenity, or other language or content
which may be offensive or harassing to other coworkers or third parties.
(3) Accessing, displaying, downloading, or distributing sexually explicit material.
(4) Accessing, displaying, downloading, or distributing profane, obscene, harassing,
offensive or unprofessional messages or content.
(5) Copying, use, distribution, or downloading commercial software onto City systems
in violation applicable licensing agreements or of copyright law.
(6) Using City systems for financial gain or for any commercial activity unrelated to City
business.
(7) Using City systems in such a manner as to create a security breach of the City
systems or network.
(8) Accessing any site, or creating or forwarding messages with derogatory,
inflammatory, or otherwise unwelcome remarks or content regarding race, religion,
color, sex, national origin, age, disability, physical attributes, or sexual preferences.
(9) Transmitting or sharing information regarding a coworker’s health status without
his/her permission.
(10) Expressing opinions or personal views that could be misconstrued as being those
of the City.
(11) Expressing opinions or personal views regarding management of the City or other
political views that are unreasonably disruptive to the work environment.
(12) Using the electronic communication systems for any illegal purpose or in any way
that violates City policy or is contrary to the City’s best interest.
(13) Playing games or gambling.
(14) Initiating, propagating, forwarding, or recklessly handling of chain e-mail,
unsolicited advertising materials, or other “spam.”
(15) Tampering with, or alterations to, electronic mail messages without the sender’s
permission; including but not limited to placement of unauthorized attachments or
content on another’s electronic mail message or computer equipment.
(16) Unauthorized access to or hacking into City systems.
Responsibility.
(1) All users that are issued access to City systems and accounts are responsible at all
times for its proper use, regardless of the user’s location. The City provides and
maintains these systems are designed to assist in the conduct of City business. All
transmissions created, sent, received, retrieved or accessed and that are stored on
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City systems are considered property of the City and may be subject to disclosure
as public information. Every employee has the responsibility to maintain and
enhance the City’s public image with the proper use of City systems in a professional
and productive manner.
(2) Employees may only use software approved or provided by the City. Additionally,
the software must be installed in compliance with procedures as established by the
City Manager and the technology department head. To prevent computer viruses,
there will be no unauthorized downloading of any software. Each City employee is
responsible for his or her computer files and for seeing that the following precautions
are in place to limit the City’s possible exposure and damage from computer viruses
as follows:
(i) Virus detection software has been purchased by the City and installed on all
computers and the servers. The virus detection application will be set to
automatically scan the computer and scan any hard disks and any removable
media (e.g. CD, DVD, flash drive, external storage drive, etc.) and all of the
files on such devices to be read, moved, or copied onto the City-assigned
computer.
(ii) No employee shall disrupt, “turn-off” or tamper with the City-assigned computer
virus detection application.
(iii) Any employee who identifies a virus or a problem with or absence of the virus
detection software on a City-assigned computer or anywhere else on the City’s
system shall immediately notify his or her supervisor and the
Information Technology Department.
(iv) City employees shall make every effort not to read, move or copy files from any
removable media received from an unknown source.
(v) City employees shall make every effort not to read, move or copy files from any
removable media that has not been professionally recorded unless the source
of the media is well-known and reasonably trustworthy and the content of the
media is believed to be solely related to City business or City functions.
(3) All computer files that are required to be maintained by the City shall be stored or
saved to a network drive on the City system and backed up on a regular schedule
via the chosen method and network backup software.
(4) The City reserves the right to change policies as it relates to the City’s electronic
communications systems and its use at any time and as may be required by
changing circumstances. It is therefore the responsibility of all employees to ensure
full knowledge of the City systems use policies. Violations of the policy and its
guidelines may result in the loss of use privileges and disciplinary action, up to and
including termination.
No Right of Privacy/Monitoring.
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(1) All passwords used for any City systems are subject to be changed by the
Information Technology Department at any time at the discretion of the
Information Technology Department Head or designee.
(2) Users of City systems may not assume they are provided any degree of anonymity
and employees have no right to privacy with regard to such systems. Personal
passwords are not an assurance of confidentiality. The Internet itself is not secure.
To ensure proper use of City systems, the City will monitor same.
(3) The City may use software in City systems that allows monitoring by authorized
personnel or programs and that creates and stores copies of any messages, files, or
other information that is entered into, received by, sent, or viewed on such systems.
Accordingly, employees should assume that whatever they do, type, enter, send,
receive, and view on City systems is electronically stored and subject to inspection,
monitoring, evaluation, and City use at any time. Further, to the extent permitted
under applicable law, employees who use City systems and Internet access to send
or receive files or other data that would otherwise be subject to any kind of
confidentiality or disclosure privilege waive whatever right they may have to assert
such confidentiality or privilege from disclosure as a term and condition of City
employment.
(4) The City Manager or their designee reserves and intends to exercise the right to
review, audit, intercept, access and disclose all transmissions created, received,
sent, retrieved or accessed on the City systems to assure that the City’s resources
are devoted to maintaining the highest levels of productivity, as well as proper use
and compliance with this policy. The City systems may be checked periodically for
business reasons, without permission from the employee in each instance, and the
employee, as a term and condition of employment with the City, hereby fully
consents to any and all such periodic checks.
Filtering. The City may use software to filter Internet and instant message content for all
employees. This software may prevent access to informational content or reduce said
access. Unauthorized modifications or workarounds as relates to such filters are prohibited.
Copyright Restrictions. Any software or other material, including music, downloaded to City
systems may be used only in ways consistent with the licenses and copyrights of the vendor,
author or owner of the material. Prior written authorization from a department head is
required before introducing any software into the City systems. Employees may not
download entertainment software, games or any other software unrelated to their work.
Public Information. Employees are advised that any data or electronic information could be
subject to release in accordance with the Public Information Act of the State of Texas.
Employees must take appropriate measures to keep their private information secure.
108.4.1 Social Media Policy
Policy Statement. Whether or not an employee chooses to create or participate in a blog,
wiki, online social network or any other form of online publishing or discussion is his or her
own decision. However, the City recognizes that emerging online collaboration platforms are
fundamentally changing the way individuals and organizations communicate, and this
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policy is designed to implement policy and offer practical guidance for responsible,
constructive communications via social media channels for employees.
The same principles and guidelines that apply to the activities of employees in general, as
found in this Manual, apply to employee activities in social media channels and any other
form of online publishing.
In general, what an employee does with respect to social media on their own time is their
own business. However, activities in or outside of work that affect your job performance,
the performance of others, or the City's governmental functions are a proper focus for City
policy.
Definitions.
(1) Social Media Channels - Blogs, micro-blogs, wikis, social networks, social
bookmarking services, user rating services and any other online collaboration,
sharing or publishing platform, whether accessed through the web, a mobile device,
text messaging, email or any other existing or emerging communications platform.
(2) Social Media Account – A personalized presence inside a social networking channel,
initiated at will by an individual. YouTube, Twitter, Facebook and other social
networking channels allow users to sign-up for their own social media account, which
they can use to collaborate, interact and share content and status updates. When a
user communicates through a social media account, their disclosures are attributed
to their User Profile.
(3) Social Media Disclosures - Blog posts, blog comments, status updates, text
messages, posts via email, images, audio recordings, video recordings or any other
information made available through a social media channel. Social media
disclosures are the actual communications a user distributes through a social media
channel, usually by means of their social media account.
(4) External vs. Internal Social Media Channels – External social media channels are
social media services that do not reside at a domain. Internal social media channels
are located at a City-owned domain, require a password to access and are only
visible to employees and other approved individuals.
(5) User Profile – Social Media Account holders customize their User Profile within a
Social Media Channel with specific information about themselves which can be
made available others users.
(6) Copyrights – Copyrights protect the right of an author to control the reproduction and
use of any creative expression that has been fixed in tangible form, such as literary
works, graphical works, photographic works, audiovisual works, electronic works and
musical works. It is illegal to reproduce and use copyrighted material through social
media channels without the permission of the copyright owner.
(7) Controversial Issues – Issues that form the basis of heated debate, often identified
in political campaigns as wedge issues, since they provoke a strong emotional
response. Examples include political views, health care reform, gun control and
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abortion. Religious beliefs may also be controversial, particularly to those intolerant
of beliefs different from their own.
(8) Official Content – Publicly available online content created and made public by the
City verified by virtue of the fact that it is accessible through the City’s website.
(9) Tweets and Retweets – A tweet is a 140 character social media disclosure
distributed on the Twitter micro-blogging service. Retweets are tweets from one
Twitter user that are redistributed by another Twitter user. Retweets are how
information propagates on Twitter.
Objectives.
(1) Establish practical, reasonable and enforceable guidelines by which employees can
conduct responsible, constructive social media engagement in both official and
unofficial capacities.
(2) Promote a safe environment for employees to share subject matter expertise that is
not proprietary and earn management's recognition for the outstanding use of social
media for business.
(3) Prepare the City and its employees to utilize social media channels to help each
other and the community that the City serves, particularly in the event of a crisis,
disaster or emergency.
(4) Protect the City and employees from violating local, state or federal rules, regulations
or laws through social media channels.
General Guidance.
(1) The City trusts and expects employees to exercise personal responsibility whenever
they use social media, which includes not violating the trust of those with whom they
are engaging. Employees should never use social media for covert advocacy,
marketing or public relations. If and when employees use social media to
communicate on behalf of the City, they should clearly identify themselves as
employees.
(2) Only those officially designated can use social media to speak on behalf of the City
in an official capacity, though employees may use social media to speak for
themselves individually.
(3) When an employee sees misrepresentations made about the City by media, analyst,
bloggers or other social media users, employees may use their blog, social
networking account, or someone else's to point that out. But an employee may only
do so in an official capacity if the employee has been designated by the City Manager
to do so and the employee follows the terms of this policy.
(4) Different social media channels have proper and improper business uses. For
example, members of social networks are expected to read, and when appropriate
respond, to questions asked of them from another member of their social network. It
is important for employees to understand what is recommended, expected and
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required when they discuss work-related topics, whether at work or on their own
time.
(5) Employees are responsible for making sure that their online activities do not interfere
with their ability to fulfill their job requirements or their commitments to their
managers, co-workers or members of the public.
(6) Employees may not post information to Social Media Channels during work hours
without obtaining advance permission from the employee’s department head or the
City Manager, unless the employee’s regular work assignments include duties that
would require posting information to Social Media Channels as an official
representative of the City in the performance of their official responsibilities, such as
the City’s public information officer.
Disclosure and Transparency.
(1) Since reputations are built on trust, employees are strongly requested to disclose
their identity and affiliation to the City whenever discussing City or work-related
topics via social media channels. Be aware of your relationship to the City in all social
media disclosures. Nothing gains more notice in social media channels than honesty
-- or dishonesty. If you have a vested interest in something you are discussing, be
the first to acknowledge that relationship and point it out.
(2) Comply with all laws and regulations regarding disclosure of your identity.
(3) The City believes in transparency and honesty. Employees are encouraged to use
their real name and identify that they work for the City in any social media disclosure
that involves City or work-related topics. The use of pseudonyms and aliases are
strongly discouraged.
(4) If communicating on behalf of the City, never represent yourself to be anyone other
than who you really are.
(5) Whenever commenting on City or work-related topics via social media channels,
employees are requested to:
(i) Use a method of disclosure that makes it easy for the average reader to
understand their position, avoid jargon or ambiguous language and always
provide a functional means by which you can be contacted in a timely manner
based on the nature of your social media disclosure. Misinformation has the
potential to spread quickly online and it is our intention to limit the use of
technical or ambiguous language that could be misinterpreted by others. The
failure to reply to legitimate questions which arise from comments made by City
employees in social media channels, particularly by employees who instigated
a conversation, could also result in a negative impressions of the City and its
services. Employees who choose to engage in social media channels about
the City or work-related topics are required to monitor their feedback and use
their best judgment to respond appropriately when warranted.
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(ii) Employees may only mention the City’s official policies in their social media
disclosures when those policies are publicly available on the Internet, and may
only do so if they include a link to that policy in their disclosure.
(iii) If an employee chooses to share an opinion on City policy, they may do so only
if they precede their social media disclosure with a disclaimer acknowledging
that their personal opinion does not necessarily reflect the opinion of their
employer. (See subsection (k), Disclaimers, below).
(iv) When engaging in discussion with others on City or work-related topics via
social media channels, employees should: (1) disclose their relationship to the
City, and ask those they are engaging with to disclose their relationships and
affiliations as well; (2) never ask someone else to make anonymous social
media disclosures; (3) never use their relationship to the City exclusively for
personal gain; (4) never use services or technologies for bulk-posting social
media disclosures. Bulk posting of comments to blogs and social networking
services is an unethical practice known as comment spam and is prohibited.
(v) Employees are generally discouraged from engaging directly with minors via
social media channels if the minor is not under the care of the employee or the
engagement is not associated with some type of organizational event, activity,
or program. When engaging in discussion with others on City or work-related
topics via social media channels with minors, employees must have approval
of a department head on the purpose and content of the interaction. Employees
must always use extreme care if creating content intended to be consumed by
minors.
Respectfulness.
(1) Employees should always be respectful of every individual’s legal right to express
their opinions, whether those opinions are complimentary or critical. The City
recognizes and appreciates the rights of individuals to free speech. By
respectfulness, we mean tolerance and consideration for the opinions and positions
of others, whether they are in alignment or conflict with your own.
(2) Whether officially authorized to speak on behalf of the City or not, employees may
be seen by people outside of the City as representatives of our brand. Employees
are encouraged to represent the core values of the City whenever they make social
media disclosures about the City or work-related topics.
(3) Employees should always strive to add value to online conversations by advancing
the dialogue in a constructive, meaningful way. By adding value, employees can
effectively demonstrate respectfulness to those they engage via social media
channels.
(4) Harassment, threats, intimidation, ethnic slurs, personal insults, obscenity, racial or
religious intolerance and any other form of behavior prohibited in the workplace is
also prohibited via social media channels.
(5) Employees who choose to make social media disclosures about topics relevant to
the City or work-related topics should always be aware that their disclosures are not
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necessarily private or temporary. Social media disclosures may live online
indefinitely, and employees should remember that they will be visible to a broad
audience and possibly even read out of context.
(6) Always show proper consideration when discussing religion, politics or any other
controversial issues that may provoke a charged, emotional response by
demonstrating tolerance and patience and always strive to show compassion for
alternate points of view.
Personal Privacy.
(1) Employees have a right to their personal privacy. They have the right to keep their
personal opinions, beliefs, thoughts and emotions private. Employees are prohibited
from sharing anything via social media channels that could violate another
employee’s right to personal privacy, especially with respect to work-related topics.
(2) Examples of social media disclosures that may compromise an employee's right to
privacy include, but are not limited to, pictures, video or audio recorded and shared
through social media channels without the permission of any single employee
featured, the public disclosure of private facts or the disclosure of information gained
through unreasonable intrusion.
Confidential Information.
(1) Effectively managing and protecting the City’s confidential information is a critical
responsibility of all employees. Failure to manage and protect confidential
information correctly may result in legal or regulatory fines, damages to the City’s
reputation and lost productivity.
(2) Externally, employees are restricted from referencing customers, partners or
suppliers by name, or the confidential details of their projects, in their social media
disclosures without first obtaining the permission of the City Manager.
(3) Social media channels are not the place to conduct confidential business with co-
workers, customers, partners or suppliers.
(4) External social media channels should not be used for internal business
communications among fellow employees. It is fine for employees to disagree, but
please don't use your external blog or other online social media channels to air your
differences publicly.
(5) Think carefully before you make any social media disclosures. What you publish
online may be available to a broad audience for a very, very long time. When in
doubt, leave it out.
Security.
(1) The use of cameras or other visual or audio recording devices is prohibited at City
facilities, complexes, or at City sponsored events, unless approved in advance by
the City Manager or a department head.
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(2) The creation of text messages, text notes, text descriptions, emails, photographs,
sketches, pictures, drawing, maps or graphical representations or explanations of
City facilities or complexes is prohibited without first obtaining permission from by
the City Manager or a department head.
(3) Whether internal or external, social media communications are generally not private.
Sharing of any information via social media channels that could comprise the
security of any City facility or complex is prohibited.
Diplomacy.
(1) Internal social computing platforms permit a broad audience to participate, so be
sensitive to who will see your social media disclosures. If someone hasn't given
explicit permission for their name to be used, think carefully about how your social
media disclosure could impact intangibles such as morale or productivity. Again,
when in doubt, leave it out.
(2) Don't try to settle scores or goad competitors or others into inflammatory debates.
Here and in other areas of public discussion, cooperate and acknowledge that
everyone is important. Never assume superiority. Always be humble. And be open
to compromise, particularly when the cost of conflict outweighs the cost of losing
ground.
Disclaimers.
(1) In order to protect the City’s brand, the City wants to make it as easy as possible for
others to be able to distinguish social media disclosures issued in an official capacity
by management from those issued by employees who are not our official City
spokespeople. Only those authorized to speak on behalf of the City in an official
capacity do so via social media channels without including a disclaimer.
(2) Employees who are not authorized to speak on behalf of the City in an official
capacity may share their opinions or thoughts about the City and work-related topics
via social media channels as long as they include a disclaimer clearly acknowledging
that their personal opinions do not reflect the opinions of the City. Disclaimers do not
need to be in the actual social media disclosure itself. Social media disclaimers can
be stated once -- preferable in the biography or about field -- on the profile page of
the social media account holder. Here are two sample social media disclaimers:
(i) "I work for the City of Anna and this is my personal opinion, not the City’s."
(ii) "I am not an official spokesperson but my personal opinion is..."
(3) If employees choose to use social media channels to distribute links to official
content, they are not required to disclaim their relationship, so long as they have
clearly acknowledged their relationship to the City on the profile page of the social
media account or channel used to distribute the link, and preferably any other social
media channels they may use to redistribute or syndicate their social media
disclosures.
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(4) Any employee who chooses to use social media to publish content or engage in
online conversations in an unofficial capacity without referencing links to official
content are requested to feature the following disclaimer prominently on the profile
page of the social media channel used to distribute the disclosure, and the profile
pages on any social media channels they use to redistribute and/or syndicate those
disclosures. At a minimum, the following standard disclaimer should be used: "The
postings on this site are my own and don't necessarily represent the City policies,
practices, customs or opinions.”
(5) This standard disclaimer does not by itself exempt employees from a special
responsibility when making social media disclosures. By virtue of their position, they
must consider whether the personal thoughts they publish may be misunderstood.
And a department head or supervisor should assume that his or her subordinates
will read what is written. Public social media channels are not the place to enforce
City policy or reprimand employees.
(6) Social media disclosures which do not mention the City or work-related topics do not
need to include a disclaimer.
Legal Matters.
(1) For your protection, and the protection of the City, employees using social media
channels are expected to do so without infringing on the copyrights of others.
Employees are prohibited from engaging in any activities via social media channels
that interferes with the copyrights of others.
(2) For your protection, and the protection of the City, employees are prohibited from
using internal or external social media channels for evaluating the performance of
their co-workers.
(3) For your protection, and the protection of the City, employees are prohibited from
using internal or external social media channels to discuss confidential information,
legal matters, litigation or the City’s financial performance. When asked by others to
discuss any of these matters, employees should relay that “our social media policy
only allows authorized employees to discuss these types of matters but I can refer
you to someone at the City if you’d like to ask them,” and refer the question to an
appropriate person designated by the City Manager.
During Emergencies.
(1) As evidenced by FEMA's adoption, social media tools are becoming increasingly
important in local and incidental crisis and emergency management
communications. Nevertheless, even in times of crisis, disaster or emergency, only
employees with the authority to speak on behalf of the City are permitted to do so.
(2) If an employee who is not authorized to speak on behalf of the City has valuable
information that could benefit those affected by a crisis, disaster or emergency, they
may share that information via social media channels, so long as they include a
disclaimer and do so in accordance with the guidelines of this policy.
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(3) All employees may use social media channels to extend the reach of official
communications. While only those officially designated by the City Manager are
authorized to speak on behalf of the City, all employees are encouraged to share
official content via social media channels, particularly during a crisis, disaster or
emergency, so as long they take the time to verify that the information they are
sharing is, in fact, official content. For example, before sharing a link, employees
should always verify that (1) the source of the information is legitimate and (2) that
the link they are sharing transits to the correct information hosted at the domain.
(4) If an employee decides to endorse or republish someone else’s social media
disclosure about City or work-related topics or emergency relief information,
employees must first verify that the social media disclosure they are republishing
was distributed by the designated source. For example, before retweeting someone
else’s tweet, verify that the Twitter user cited did, in fact, distribute that tweet. There
have been numerous cases where false tweets attributed to news sources were
redistributed by other Twitter users, promoting misinformation and confusion.
Penalties. Failure to comply with these social media policies may result in: withdrawal,
without notice, of access to information and/or information resources; disciplinary action, up
to and including termination; and/or civil or criminal penalties as provided by law.
Policies and Procedures: Reference the Social Media Policies and Procedures document
108.5 Whistleblower Policy
The City is committed to upholding the requirements of all state and federal laws including the
applicable Whistleblower Act(s). The City will not suspend, terminate, or otherwise materially
discipline or discriminate against an employee who in good faith reports a violation of law by the
City or another public employee to an appropriate law enforcement authority
109.1 Disciplinary Action
Generally.
(1) The City is an “at-will” employer and may terminate employees at any time and for
any reason, with or without cause, unless expressly prohibited by law. It is the intent
of the City to provide employees with a progressive discipline process designed to
help an employee correct performance problems and build a renewed commitment
to the City in an equitable and consistent manner.
(2) Discipline shall be administered without regard to race, color, religion, sex, national
origin, age, disability or other non-performance related factors.
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(3) Administrative Procedures. These administrative procedures are established to
provide appropriate guidelines in carrying out the policies of the City’s progressive
disciplinary program. The administrative procedures are intended to address general
application of the principles of disciplinary actions in typical situations. It is the
responsibility of each department head to determine the nature, extent, facts, and
circumstances in each disciplinary action case and to use judgment under the City
Manager’s direction in the application of the policies and procedures in this Manual.
(4) Disciplinary Process. There will be two different methods for disciplinary actions.
One will be based upon unsatisfactory job performance. The other will be based
upon improper conduct or inappropriate behavior or unsatisfactory attendance. The
City Manager may be consulted at any time should a department head wish to
discuss a contemplated disciplinary action.
(5) Unsatisfactory job performance may result in one or more of the following actions:
(i) Oral warning.
(ii) Written Reprimand. (refer to Appendix A-13)
(iii) Performance Improvement Plan. (refer to Appendix A-10).
(iv) Demotion, Transfer or Dismissal.
(6) Inappropriate conduct or unsatisfactory attendance may result in one or more of the
following actions:
(i) Oral warning.
(ii) Written reprimand.
(iii) Pay reduction.
(iv) Demotion
(v) Suspension.
(vi) Dismissal.
(7) The City Manager shall be consulted whenever a department head wishes to issue
a disciplinary action other than an oral warning. The department head may change
the order of the above progressive disciplinary process, and/or may choose not to
utilize one or more of these steps, depending on the facts of the case. Nothing in this
Section shall preclude the department head from using alternative discipline
procedures where such procedures have been approved by the City Manager. While
it is the ultimate decision of the department head or, as applicable, the City Manager,
to determine the type of discipline, the action should be appropriate for the deficiency
or infraction.
(8) Notwithstanding any other provision of this Manual, the forms in the Appendix to this
Manual are for guidance, and may be altered to appropriately address any particular
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situation. Non-use of a form or use of materials that are different than the forms in
the Appendix does not in any manner invalidate any otherwise valid employment
action or decision.
Oral Warnings.
Oral warnings should be documented by department heads and kept within the
department for performance evaluation and record keeping purposes.
Oral warnings may not be appealed by employees. However, employees who
disagree with the counseling action may discuss the basis of disagreement with their
department heads. Should oral warnings be given to employees in written form, the
employees may submit written responses/rebuttals to be attached to the oral
warnings within 24 hours of receipt of the oral warning.
Written Reprimands (refer to Appendix A-13).
Written reprimands shall be presented and a copy given to the employees indicating
the following:
The specific employee act(s) which demonstrated the unacceptable conduct or
behavior.
The expected conduct or behavior.
That such act(s) must not be repeated.
That further disciplinary action will result if the employee fails to show and
maintain satisfactory improvement.
Signed acknowledgment of receipt of the written reprimand by employee.
Written reprimands may not be appealed by employees; however, employees may
submit responses/rebuttals for attachment to written reprimands.
Written reprimands become a part of employees’ permanent personnel files and
shall be forwarded, along with any employee responses/rebuttals to the City
Manager. The employee’s response/rebuttals may be submitted in writing within 24
hours of receipt of the written reprimand.
Placement in a Performance Improvement Plan (refer to Appendix A-10).
(1) When the job performance or behaviors of an employee falls below an acceptable
standard, the department head, or City Manager, if applicable, may place the
employee on a Performance Improvement Plan (“PIP”). The PIP shall consist of
timely discussions between the department head and the employee with the
following provided in writing:
(i) The specific unacceptable deficiency in the employee’s performance;
(ii) The necessary improvement in performance;
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(iii) The period of time in which improvement must occur; and
(iv) A statement that further disciplinary consequences will result if the employee
fails to show and maintain satisfactory improvement.
(2) A PIP may not be appealed. Employees may, however, submit written
responses/rebuttals for attachment to the PIP within 24 hours after the receipt of the
PIP. The PIP and any associated response shall be maintained in the employee’s
personnel file in the Human Resources Department, with a copy given to the
employee and one retained by the employee’s department.
Suspensions.
(1) Suspensions result in time off without pay. An employee may be suspended without
pay for a period of not less than one day or more than 30 calendar days.
(2) Prior to issuing a suspension for a non-exempt employee, the department head must
consult with the Director of Human Resources and City Manager to ensure
compliance with the Fair Labor Standards Act.
(3) As notice, an employee shall be given a Notice of Disciplinary Action (Suspension)
and shall have the right to respond to the department head to the alleged charges
within two workdays after which the suspension becomes effective; provided,
however, that the City Manager shall have discretion to dispense with the procedures
outlined herein and to immediately suspend an employee with or without pay or to
transfer an employee at any time and without notice if the City Manager determines
that such actions are appropriate based on the conduct in question and the need to
prevent disruption in the work environment.
(4) Suspensions become permanent parts of the disciplinary record maintained in the
employee’s permanent personnel file.
(5) Suspensions may be appealed in accordance with City policy.
(6) An employee may be suspended when under investigation for a crime or official
misconduct, or is awaiting hearing or trial in a criminal matter. These suspensions
shall be without pay for the duration of the investigation or proceedings when such
suspension would be in the best interests of the City.
(7) Upon completion of the investigation or proceedings, the employee may be eligible
to resume work under terms and conditions specified by the City Manager.
Demotions. Demotions result in employees being moved into jobs with lower responsibility
levels and/or lower pay rates. Pay rates after a demotion will be reviewed on a case-by-
case basis.
(1) The decision to demote employees for disciplinary purposes should be written, with
a copy given to the employee and the original retained in the official personnel file.
(2) As notice, an employee shall be given a Notice of Disciplinary Action (Demotion) and
shall have the right to respond to the department head to the alleged charges within
two workdays before the demotion becomes effective.
(3) Personnel Action Forms must be completed and sent to Human Resources (refer to
Appendix A-4).
(4) Demotions may be appealed in accordance with City policy.
Dismissals. Dismissals result in termination of City employment.
(1) Prior to initiating any dismissal action, the department head or designee shall confer
with the Director of Human Resources and City Manager and present all relevant
facts, circumstances and information, including whether the employee will be placed
on administrative leave with pay or without pay pending the outcome of the proposed
dismissal.
(2) The City Manager will review the information and discuss available options and their
consequences with the respective department head or designee.
(3) It is the responsibility of the department head or designee to decide whether to initiate
a dismissal and to communicate the decision to the City Manager.
(4) As notice, an employee shall be given a Notice of Disciplinary Action (Proposed
Dismissal) and shall have the right to respond to the department head to the alleged
charges within two workdays before the dismissal becomes effective; provided,
however, that the City Manager shall have discretion to dispense with the procedures
outlined herein and to dismiss an employee at any time and without notice if the City
Manager determines that such actions are appropriate based on the conduct in
question and the need to prevent disruption in the work environment.
(5) Dismissals may be appealed in accordance with City policy.
(6) None of the provisions under section 109.1 (g) apply to probationary employees.
Probationary employees are not entitled to a review period.
Notice of Certain Proposed Disciplinary Action and Employee Response.
(1) A department head who is considering disciplinary action shall prepare a notice of
disciplinary action to the employee. For the purposes of this subsection, “disciplinary
action” means suspension, demotion and/or dismissal. The Notice of Disciplinary
Action should include an explanation of why the discipline is proposed, such as
alleged policy violations, so the employee may adequately respond. The Notice of
Proposed Disciplinary Action shall also establish a meeting time with the employee
within two workdays or as soon as practicable thereafter if meeting within two
workdays is not reasonably possible. The Notice must be forwarded to the City
Manager and Director of Human Resources.
(2) A regular employee who receives a Notice of Proposed Disciplinary Action may
respond with any relevant facts and documentation that might affect the proposed
disciplinary action. The employee’s response/rebuttal must be submitted within two
workdays from the date the Notice of Proposed Disciplinary Action is received by the
employee. This response should be provided to the department head and forwarded
to the City Manager and the Director of Human Resources.
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(3) The employee response must be presented orally during the meeting established in
the Notice of Proposed Disciplinary Action. The employee may also present a
response in writing as supplemental information to the meeting, or as a reasonable
accommodation if oral presentation is not an option.
(4) The City Manager will determine whether the City Attorney should be present at this
meeting.
(5) The department head will review the employee’s response/rebuttal and determine
within five workdays whether the basis for the proposed disciplinary action still
supports a conclusion to take the proposed action. The department head shall notify
the employee of the decision within five workdays of receiving the employee’s
response/rebuttal. If the decision of the department head is to take the proposed
disciplinary action, the employee should be notified of the appeal procedure.
(6) Whatever pay status the employee was in at the time of the proposed disciplinary
action will continue until the response is completed.
(7) Upon dismissal, the employee will receive accrued vacation in accordance with
Human Resources procedures, in addition to their final paycheck for hours worked.
The employee will also be able to purchase health insurance in accordance with
current provisions.
Criminal Offenses.
(1) If, during the course of any disciplinary investigation, the potential exists that the
employee may be charged with a criminal offense, the employee shall have the full
benefit of assert the Fifth Amendment against self-incrimination. Once the potential
of a criminal offense exists or becomes known, the employee shall be informed that
the employee has all rights afforded to any person subject to a criminal investigation
and shall specifically be given the “Garrity” warning (refer to Appendix A-9). A
criminal investigation may be ordered by the department instead of or in addition to
a disciplinary investigation. Once the employee has been given the “Garrity” warning,
the employee is required to cooperate fully in the disciplinary investigation. Any
failure on the part of the employee to cooperate fully in the disciplinary investigation
shall be considered insubordination. Information obtained from an employee during
a disciplinary investigation following the administration of the “Garrity” warning may
not be used in any criminal prosecution.
(2) In the event the department determines that a criminal investigation is necessary,
the Police Chief or designee shall be notified and shall begin an official police
investigation, regardless of the complainant’s predisposition concerning the filing of
criminal charges.
(3) The Police Department shall follow its normal departmental procedures in
investigating the potential criminal complaint and may, at the discretion of the Police
Chief, assign such investigation to another law enforcement entity, as may be
appropriate.
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(4) The imposition of discipline, in whatever form, shall in no way preclude a further
sanction imposed against an employee in subsequent criminal or civil proceedings.
Any sanctions imposed in criminal or civil proceedings against an employee shall not
preclude the imposition of administrative sanctions.
Appeals.
(1) Appeal Rules. Employees who are suspended, demoted or dismissed from City
service may appeal such actions in accordance with the following rules.
(i) Employees who are dismissed for non disciplinary reasons, such as incapacity,
will use the same appeal process as for disciplinary dismissals.
(ii) Employees who are terminated by the City as a result of a reduction in force
may not appeal decisions of department heads.
(iii) All requests, responses and decisions to appeal must be in writing. An
employee who chooses to appeal may have a representative at any step during
the appeal process. The City Manager may provide procedural assistance at
any time.
(iv) Time limits may be extended or shortened at any or all steps via a request from
either party to the City Manager, who will make the final decision. If the last day
of a time limit falls on a weekend or a City holiday, the time limit shall be
extended to 5:00 p.m. on the next workday.
(v) If an employee does not respond within the prescribed time limits, the appeal
may be voided and barred from resubmittal as determined by the City Manager
overseeing the appeal.
(vi) Employees who have not completed their initial probationary period may not
appeal.
(2) Appeal Process for Suspensions, Demotions or Dismissals.
(i) An employee who chooses to appeal a suspension must submit the completed
appeal form to the Director of Human Resources within five workdays from the
date of the letter notifying the employee of the effective action (refer to
Appendix A-11).
(ii) All appeals will be heard by the City Manager or his or her designee.
(iii) An employee’s appeal can result in modification of the original disciplinary
action. Consequently, the Personnel Action Form dismissing or taking other
action against the employee and the Personnel Requisition intended to replace
the employee shall be withheld or suspended pending final appeal-process
disposition. Upon receipt of notification that the appeal process has been
completed, the department head shall submit the forms necessary, if any, to
finalize the action.
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(iv) Confidentiality. Any disclosure of information related to a disciplinary action or
subsequent inquiry of any employee’s separation from employment must be
coordinated with the City Manager.
109.2 Grievances
The City believes that open communication is essential when employees have problems or
concerns regarding their jobs. Misunderstandings or conflicts can arise in any organization.
To ensure effective working relations, it is important that such matters be addressed before
serious problems develop. Most incidents resolve themselves through effective
communication by discussions between the employee and the department head.
“Grievance” shall mean a claim by an employee that a violation, misinterpretation,
misapplication, or disparity in the application of a written policy, regulation or procedure
adversely affected the employee.
Application.
(1) Items covered by the Grievance Policy include misapplication of written policy,
regulation or procedure of the City or department for whom the employee works,
which has personally affected the grieving employee.
(2) The following items are not covered under the Grievance Policy and should be
resolved through the employee’s chain of command:
(i) Generalized feelings of unfairness. A grievance must be specifically related to
a written policy, regulation or procedure.
(ii) Performance evaluations, performance improvement or discipline actions (oral
correction, written reprimand, suspension, release from duty, and dismissal
from employment). When allowed by appropriate policy, an employee may
appeal the action in compliance with the applicable policy and procedure.
(iii) Complaints of civil rights violations such as issues concerning race, color,
religion, sex, national origin, age, disability, or whistleblower. An employee
must complain of these violations in accordance with Section 104.11 of this
Manual.
(iv) Complaints questioning the substance of a policy, rule or regulation. Policy
formulation is reserved as a right of management.
(v) Other issues where a separate appeal process has been established.
(3) To promote harmony in each department and to foster goodwill among employees,
the employee must take questions or concerns that may become grievances to their
department head in an attempt at resolution through a discussion between the
employee and the department head. The department head is obligated to give an
oral response as soon as possible. If the employee is not satisfied with the oral
response or the employee declines to discuss the matter of concern with the
department head, the employee may file a formal grievance.
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Formal Grievance Procedures.
(1) Step One: The affected employee will complete a Grievance Form (refer to Appendix
A-12) citing specific policy(ies) that have been violated, including the direct and
adverse effect the violation had on the employee. In addition, the specific corrective
action requested, and explanation supporting this request, must be included. The
completed form must be submitted to the employee’s department head within ten
workdays of the event giving rise to the grievance or the employee becoming aware
of the event. Upon receipt of the completed Grievance Form, the department head
must consult with the City Manager or designee to determine if the issue is grievable.
The department head must enter comments or decision on the Grievance Form and
return it to the employee within ten workdays of receipt of the grievance.
(2) Step Two: If it is determined to be a grievable issue, and if the written response
received in Step One does not satisfy the employee, the employee may proceed to
the next level by signing the Grievance Form and submitting it to the City Manager
within ten workdays from the date the decision was received in Step One. The City
Manager or designee will consult with the department head and may conduct
whatever investigation deemed necessary, including interviewing any person who
may assist in resolving the grievance. The City Manager will render a final written
decision within 30 workdays of receipt of the grievance. In the event a grievable issue
is raised against the City Manager, Step Two shall be taken by the City Council.
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110.1 Resignation
Department heads may leave the employment with the City in “good standing” by submitting
their written resignation at least 30 days before their termination date. An employee other
than a department head may leave the employment with the City in "good standing" by giving
two weeks’ notice. The City Manager may waive any portion of the notice periods set forth in
this paragraph. The personnel records of any employee who resigned by giving proper
notice shall show that the employee resigned of their own accord.
An employee failing to report for duty or remain at work as scheduled without proper
notification, authorization, or excuse shall be considered as absent without leave which
constitutes abandonment of duties, except when the failure to notify is due to circumstances
beyond the control of the employee. Absence without leave may be considered as an
employee's immediate resignation without notice. In such cases, the employee's separation
shall not be considered to be in "good standing."
Any employee who leaves their employment with the City in “good standing” will be paid for
accrued vacation time subject to the provisions of this Manual. Any employee who fails to
provide such notice forfeits their accrued vacation and shall be ineligible for rehire by the
City.
110.2 Reduction in Force
A reduction in force (“RIF”) may occur as a result of changes in duties, organizational
changes, lack of work, or budget cutbacks. A RIF shall be carried out on the basis of
demonstrated job performance and efficiency, with the most proficient employees being
retained the longest. Seniority within City service may be used to determine the order of
layoff among employees with substantially equivalent records of job performance and
efficiency, with the most senior employees being retained the longest. Temporary
employees may be included in the RIF before regular employees performing similar duties.
A RIF shall not be considered a disciplinary action.
Employees included in a RIF may be recalled back to their job or another similar job in which
they meet the minimum job requirements and qualifications in the reverse order of the RIF
up to one year from the date of the lay-off. Employees being recalled within the year from
the date of the RIF, shall have precedence over other job applicants. Employees recalled
back to work shall report to work as instructed. An employee failing to report back to work
shall be considered as having forfeited their right to reemployment.
110.3 Incapacity
An employee may be terminated for medical reasons when the employee as an individual no
longer meets the standards of fitness required to perform the essential functions of the position,
and reasonable accommodation under the Americans with Disabilities Act is not possible
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without causing undue financial hardship to the City. A finding of incapacity shall be based on
an individual medical determination by a competent physician chosen by the City.
110.4 Retirement
Eligible employees may elect to retire from the City service in accordance with the applicable
retirement programs.
110.5 Military Separation
Employees leaving City service in “good standing” to enter active duty or for active-duty training
with the armed forces of the United States shall be eligible for reinstatement in accordance with
applicable state and federal laws.
110.05.1 Death
If a City employee dies, his or her estate or designated beneficiary shall receive all
compensation and payable benefits earned as of the date of death. The City shall assist the
beneficiary in processing any claim under an insurance policy, retirement, or benefits plan
issued by or through the City.
110.6 Separation Process
Department heads are responsible for obtaining all City-issued property (i.e., ID cards, keys,
purchasing cards, tools, manuals, protective gear, etc.) during the separation process. The
replacement cost of City property not returned by an employee will be deducted from the
employee’s final paycheck.
Final paychecks will be processed via direct deposit and available to the employee on the
next regularly scheduled payday. If not picked up by the employee on that day, the final
paycheck will be sent to the employee by mail. It is the employee’s responsibility to provide
the City with the employee’s current mailing address.
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111.1 Personnel Files and Records
The City maintains an official basic personnel file in the Human Resources Department on
each employee including such information as the employee’s job application, resume,
performance evaluation forms, personnel action forms, and other similar employment
records. The basic personnel file does not contain benefit claims forms, reimbursement
requests for medical expenses, forms relating to workers’ compensation claims, drug testing
results, post-offer medical examinations, voluntary disclosure information from the applicant
regarding a “disability” as defined by Section 503 of the Rehabilitation Act of 1973 or any
record of voluntary medical history obtained from an employee or any documents relating to
an employee’s medical condition. Medical records are kept in separate files in the Human
Resources Department and are maintained as confidential employee records.
Employees are required to notify the Human Resources Department when there is a change
in name, address, telephone number, marital status, number of dependents, military status,
person to notify in case of accident or emergency, or beneficiary assignment of any
employee benefits plan. Such notification shall be provided by the employee within one week
of such change.
The Human Resources Department shall maintain the official personnel files and records for
all City employees. Unless otherwise provided by law, personnel files shall be confidential and
may not be used or divulged for purposes unconnected with the City personnel
management, except with the permission of the employees involved. All personnel records
are subject to the rules governing the Public Information Act and could be open to review by
the public. Nothing herein shall prevent the dissemination of impersonal statistical
information. An employee shall have a right of reasonable inspection of their official
personnel files and records under appropriate supervision.
An employee may request a copy of their personnel file upon written request to Human
Resources or designee. Upon receipt of the request, Human Resources will provide a copy
of the employee’s file within a reasonable time frame. Employees will be given a copy of any
written record of a disciplinary or performance counseling that is added to their personnel
file. An employee of the City who objects to material in the employee's personnel file on the
grounds that it is inaccurate or misleading may file a statement relating to the material.
Employees are expected to consistently update their personnel records. Forms are available
in Human Resources to change address for payroll, medical insurance, TMRS and driver’s
license. The City also requires updated Emergency Contact information for each employee.
No records properly placed into an employee’s personnel file shall be removed from the file
except if required by law, court order, or agreement between the City and the employee.
Release of information contained in and access to employee basic (non-health related)
personnel files is controlled by provisions of the Texas Public Information Act, Texas
Government Code Chapter 552. No information on current or former employees will be
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Section 111. Personnel Records
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released except by the Human Resources Department or the City Manager or City
Secretary.
111.2 Change in Personnel Status: New Hires
Department heads shall submit recommended changes in the personnel status of their
employees or requests to hire new employees to the Human Resources Department prior to
making any commitments to either existing employees or prospective new hires.
111.3 Personnel Records and Reports
Department heads shall be responsible for providing the Human Resources Department or
designee with all necessary employee reports and records associated with good personnel
management for their department. Such records and reports shall include, but not be limited
to, employee sick leave, vacation leave, attendance and overtime records, performance
reports, counseling records, and all types of disciplinary action. Failure to do so may result
in formal disciplinary action.
City personnel records are property of the City and, except to the extent required to be
released under the Public Information Act or other applicable law, shall not be disclosed to
outside persons without the express approval of the City Manager. Any employee receiving
a request for personnel records should forward it to the City Secretary.
The Human Resources Department or designee shall prepare such narrative reports,
statistical summaries, and other personnel reports as are necessary or desirable to provide
useful information to the City Manager.
111.4 Employment Verification
It is the policy of the City that all employment verifications and references be referred to the
Human Resources Department. Unless exceptions are made based on established laws, such
as in the field of public safety, the City will only confirm dates of employment salary and
position/title.
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112.1 Workers’ Compensation Insurance
Any City employee injured as a result of duties performed in the course of their job shall be
eligible to receive workers’ compensation benefits from the City's insurance carrier at no
expense to the employee. Workers’ compensation benefits are intended to compensate
workers with job-related injuries or illnesses by reimbursing them for income losses and
paying for medical and rehabilitation treatment.
Workers’ Compensation insurance will not provide compensation for any injury which
occurred if the injury:
(1) Occurred while the employee was in a state of intoxication
(2) Was caused by the employee’s willful attempt to injure himself or to unlawfully injure
another person;
(3) Arose out of an act of a third person intended to injure the employee because of a
personal reason and not directed at the employee as an employee or because of the
employment;
(4) Arose out of voluntary participation in an off-duty employment;
(5) Arose out of voluntary participation in an off-duty recreational, social, or athletic
activity that did not constitute part of the employee’s work-related duties, unless the
activity is a reasonable expectancy of or is expressly or impliedly required by the
employment;
(6) Arose out of an act of God, unless the employment exposes the employee to a
greater risk of injury from an act of God than ordinarily applies to the general public;
or
(7) Involves the employee’s horseplay, or negligent behavior where the employee was found at
fault, or violation of the City’s safety policies including but not limited to Section 114.7.
The City will promptly report any suspected fraud to the Texas Department of Insurance or
to its Workers’ Compensation insurance carrier.
Occupational Disability or Injury Leave.
(1) An employee who is disabled as a result of an injury covered by Workers’
Compensation on the job will be granted injury leave with pay at the employee’s
regular salary for up to seven calendar days following the date of the injury. This
injury leave will not be charged to Personal Leave.
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(2) After the aforementioned seven days, the employee may continue injury leave in the
form of full salary continuation from the City for up to twelve weeks however,
weeks.the employee’s Workers’ Compensation check must be endorsed and provided
to Human Resources in exchange for the employee’s regular bi-weekly check.
Otherwise, the employee will only receive from the City a smaller amount
corresponding to the difference between his regular salary and the amount of
Workers’ Compensation payments received. After this initial twelve week period, the
injured employee may only receive Workers’ Compensation payments and may
request the use of sick or vacation accruals for up to 30% of pre-injury earnings. See
section 107.11 for FMLA guidance on injury leave that exceeds twelve weeks.
(3) An employee will report injuries incurred in the line of duty immediately to his
immediate supervisor/department head and file an accident report with Human
Resources within 24 hours of the injury. Failure to report an injury or illness, within
thirty days of the date on which the injury occurs or the date the employee knew or
should have known of an illness, may delay the employee’s receipt of Workers’
Compensation benefits or render an employee ineligible for benefits unless good
cause exists for failure to provide timely notice.
(4) When an employee suffers injury or death on the job, the Human Resources
Department will complete an accident report immediately on forms provided by the
Texas Department of Insurance and submit it to the Division of Workers’
Compensation as directed, and retain one copy in the personnel files. Any
exceptions to this policy must be approved by the City Manager (or designee).
Examination and Treatment.
(1) As a condition of receiving or continuing to receive salary continuation payments,
Human Resources may require an injured employee to submit to examination and
treatment, at the City's expense, by a physician approved by Human Resources or
the Workers’ Compensation insurance carrier. An injured employee forfeits all rights
to salary continuation payments if he/she refuses to submit to an examination or to
any diagnostic test, x-ray, surgical procedure, or other treatment prescribed or
recommended by the City designated physician as medically necessary or indicated
to diagnose, treat, or cure the employee's injured condition.
(2) An injured employee also forfeits all rights to any salary continuation payments to
which they would normally have been entitled, if they:
(i) engage in work, whether part-time or full-time, for pay or as a volunteer, for
themselves or for any other person, firm or corporation, while receiving salary
continuation payments;
(ii) terminate employment for any reason while receiving salary continuation
payments;
(iii) fail or refuse to comply with the treating physician's instructions or advice
regarding treatment of the injured condition, except because of a bona-fide
religious belief;
(iv) fail to act in a manner which is conducive to being off work convalescing;
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(v) refuse to perform light, partial or part-time duty when authorized by the treating
physician;
(vi) refuse to accept or perform a different job with the City that, in the opinion of
the treating physician, is within the employee's physical capacity and for which
the employee is qualified or will be trained;
(vii) represent their injured condition, physical incapacity, or disability as worse than
it is while receiving salary continuation payments; or
(viii) refuse to return to regular duty after being released for regular duty by the
treating physician.
Termination for Reasons Other Than Injury or Disability.
(1) The City shall not discharge, or in any other manner discriminate against, an
employee because that employee filed a workers’ compensation claim in good faith
or for hiring a lawyer to represent the employee in such a claim. The City also shall
not discriminate against an employee for instituting in good faith a proceeding under
the Workers’ Compensation Act, causing such a proceeding to be initiated, or for
prior or anticipated testimony in such a proceeding.
(2) This section does not preclude an employee from being terminated for reasons other
than their disability or continued injury, as otherwise allowed by these regulations.
An employee terminated for any such other reason is not entitled to the relief found
in this section, even if the termination occurs at some time in close proximity to the
time of an on-the-job injury. This section does not preclude an employee from being
terminated during an official reduction in work force due to budget restrictions.
Employee Assistance. The City encourages any employee injured on the job to contact the
Texas Department of Insurance’s Division of Workers’ Compensation (TDI-DWC) as soon
as a need for Workers’ Compensation benefits is identified. The TDI-DWC provides free
information about how to file a workers’ compensation claim. Also, TDI-DWC staff can more
fully explain an employee’s rights and responsibilities under the Workers’ Compensation Act
and assist in resolving a dispute about a claim. Employees may obtain this assistance by
contacting the local Texas Department of Insurance Division field office or by calling 1-800-
252-7031.
112.2 Modified or Light Duty
Generally. Subject to the availability of positions, the City may provide employees with
modified or light duty if the employee is unable to perform their regular duties due to injury
or illness. If positions are available, the City will attempt to accommodate medical
restrictions, when and where reasonable, to the extent required by law and in consideration
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of the City’s needs, whether the safety of citizens and other City employees might be
compromised, and the requirements of the Americans with Disabilities Act (ADA). If
provision of a modified or light duty would unduly burden the City’s operations, it may not be
available to an individual employee. A decision to provide employees modified of light duty
assignments is entirely at the discretion of the City, subject to applicable provisions, if any,
of the ADA.
(1) “Modified duty” or “light duty” is defined as any reduction, elimination or alteration of
the essential job functions of a position, as outlined in the job description for the
position.
(2) Determination Process. All modified duty is subject to availability of positions:
(i) A position must be available for an employee to be considered for eligibility
under these guidelines. The City is not obligated to create a position for
restricted employees.
(ii) Prior to returning to work after an absence or after receiving restrictions, the
employee requesting modified duty must present the physician’s directive to
his/her department head or the Director of Human Resources.
(iii) The Director of Human Resources, medical consultant and/or the employee’s
treating physician will review the directive and determine if the directive is
subject to the ADA.
(iv) The employee’s supervisor may be contacted by the Human Resources
Department to determine the employee’s suitability for modified duty.
(v) The employee and the employee’s supervisor will engage in an interactive
process to attempt to identify a reasonable accommodation for a disability or
temporary medical restriction. If the City cannot accommodate the restriction,
the employee will not be authorized for active duty and will be subject to the
leave policies listed below until released to regular (unrestricted) duty.
Procedures. Employees unable to return to work due to personal medical issues will be
subject to the leave provisions of this Manual. Employees unable to return to work due to
workers’ compensation will be subject to the Texas Workers’ Compensation rules and
regulations and this Manual.
(1) Eligibility and Notice. Subject to Texas Workers’ Compensation Commission Act
rules, upon receipt of a physician’s notice regarding a return to work with restrictions,
an employee may be offered modified or light duty, if available, according to the
determination process listed above.
(2) Modified or Light Duty in Current Position: When the employee can return to his/her
regular job with restrictions, modified or light duty (if available) may continue to up to
twelve weeks. Continuation after twelve weeks will be contingent upon receipt of an
updated notice from the treating physician, availability of a limited duty position, and
based on City need.
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(3) Modified Duty in Alternate Position: When an employee’s restrictions prevent
temporary continuation of his/her regular job, modified duty, if available, may
continue at an alternate work-site for up to twelve weeks. Continuation after twelve
weeks will be contingent upon receipt of an updated notice from the treating
physician, availability of a limited duty position, and based on City need.
(4) Modified Duty/Transportation of Citizens & City Personnel: In order to assure safe
transportation of citizens and City personnel, modified or light duty is not available
for employees who transport and/or supervise citizens in/on City vehicles or
transportation, subject to any applicable provisions of the ADA.
(5) Worker’s Comp Treatment & Overtime Pay: “Hours worked” are defined as the hours
actually worked by the employee in performance of their normal or modified job
duties. Leave hours taken for worker’s-comp-related treatment, medical
appointments, or meetings will not be counted as hours worked for the purpose of
computing overtime.
112.3 Social Security
All employees of the City are covered under the Federal Insurance Contributions Act (FICA).
This type of government insurance, known as “Federal Old Age, Survivors, and Disability
Insurance,” provides for benefits for retirement, disability or upon death. This insurance is
financed by social security taxes, which are paid through payroll deductions by the employee.
The City contributes a matching amount on behalf of the employee.
112.4 Unemployment Insurance
All employees of the City are covered under the Texas Unemployment Compensation Insurance
program and the Federal Unemployment Tax Act (FUTA). This program provides payments for
unemployed workers in certain circumstances as provided by law.
112.5 Health Related Benefits
The City is committed to providing cost-effective benefits which assist employees in being
physically and mentally healthy. All regular full-time employees are offered options relating to
medical (and in some instances dental) insurance provided by the City. This insurance provides
coverage of hospitalization and major medical expenses for illness and accidental injuries off
the job. Dependent coverage is available by payroll deductions. The Human Resources
Department has more information concerning these insurance coverages and benefits. The
benefits and services offered by the City may be changed or terminated at any time and do not
constitute a guarantee of continued employment with the City.
112.6 Continuation of Group Insurance (COBRA)
The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives covered
employees and their qualified beneficiaries the opportunity to continue health insurance coverage
under the City of Anna’s health, dental, and vision plan for specified periods of time when a
"qualifying event" would normally result in the loss of eligibility. Qualified beneficiaries are
individuals who, on the day before a qualifying event, are covered under a group health plan as a
covered employee, spouse of a covered employee, or a dependent child of a covered employee.
Qualified beneficiaries also include children who are born to, or placed for adoption with, a
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covered employee during the period of COBRA continuation coverage. Some common qualifying
events are resignation, termination of employment, (except terminations for gross misconduct) or
death of an employee; a reduction in an employee's hours; an employee's divorce or legal
separation; and a dependent child who no longer meets eligibility requirements. Under COBRA,
the employee or beneficiary pays the full cost of coverage plus an administrative fee. Each eligible
employee will be provided with information describing rights and obligations granted under
COBRA when the employee becomes eligible for coverage under The City of Anna’s health
insurance plan. Once a qualifying event has occurred, the City will notify the qualified beneficiaries
of their right to continue health care coverage.
112.7 Miscellaneous Benefits
As with the health related benefits, the miscellaneous benefits and services offered by the City
may be changed or terminated at any time and do not constitute a guarantee of continued
employment with the City.
(1) Life Insurance. The City may offer, if economically feasible, basic life insurance to
eligible employees to help them protect their family in the event of the employee’s
death. Basic life insurance may be offered for purchase by the employee and may
be subsidized by the City at a level approved by the City Council on an annual basis.
In addition to the basic life insurance, the City may offer eligible employees the
opportunity to purchase supplemental life, accidental death and dismemberment
insurance on themselves, and dependent life insurance covering their eligible
dependents.
(2) Short Term Disability. The City may offer, if economically feasible, Short Term
Disability (STD) coverage to eligible employees to provide them a portion of their
salary when they are unable to work as a result of an off-the-job disability. Short-
term disability insurance may be offered for purchase by the employee and/or
subsidized by the City at a level approved by the City Council on an annual basis.
(3) Long Term Disability. The City may offer, if economically feasible, Long Term
Disability (LTD) coverage to eligible employees to provide them a portion of their
salary when they are unable to work as a result of a disability. Long-term disability
insurance may be offered for purchase by the employee and/or subsidized by the
City at a level approved by the City Council on an annual basis.
(4) Deferred Compensation. The City may make available a deferred compensation
program. The Deferred Compensation Program is a voluntary, tax-deferred program
designed to help supplement eligible employees’ income at retirement. Through this
program, eligible employees may designate an amount to be deducted from their
gross salary on a before-tax basis each pay period and placed in an investment
account selected by the employee.
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113.1 Applicability of Travel Policy
It is the policy of the City to reimburse certain expenses incurred by employees and other
persons who are authorized to represent the City at various conferences, meetings,
conventions, seminars, and functions. The City recognizes that the public interest requires
employees to travel at times to conduct City business. The City also recognizes that the
public interest is served by the advancement of training and professional development of
employees. It is the policy of the City to arrange travel on City business utilizing the most
economical means available.
This policy is applicable to all City employees and applies to all travel on City business
outside the City limits and to all travel reimbursements, subject to budget limitations and
authenticated expenses. The purpose of this policy is to establish general guidelines and
provide uniformity in handling expenditure requests, and to establish proper accounting for
allowable expenses.
Except for in extraordinary circumstances, the City will only reimburse travel expenses for
pre-approved travel on City business. Department heads should notify the Finance
Department of any travel to be undertaken by their employees at the earliest practicable
date so that a decision on reimbursement can be made.
Travel Policy Responsibilities.
(1) Department heads are responsible for communicating and administering the
provisions of this policy to employees and approving all travel requests within his/her
department and should strive to be proactive in planning for the department’s travel
needs in the annual budgeting process. It is the responsibility of the department head
to ensure all travel expenses are accounted for within ten working days from the date
of return and the Travel Expense Report forwarded to the Finance Department.
(2) Employees are responsible for all pertinent information on the Travel Expense
Report, indicating purpose of travel, location, type of transportation, departure date,
return date, estimated expenditure and funds advanced. Employees are also
responsible for retaining records of all transactions for which reimbursement is or will
be requested, such as fuel receipts, registration confirmations, final hotel invoices,
etc. Copies of these documents must be turned in to the employee’s department
head within five working days of the return from travel in order to qualify for
reimbursement.
(3) The Finance Department is responsible for distributing travel funds in compliance
with established policies and guidelines.
City of Anna
Personnel Policy Manual
Section 113. Travel Policy
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(4) If the travel is out-of-state, the City Manager is responsible for either approving or
denying the request in advance. After making a decision, the City Manager will return
the Travel Expense Report to the department.
113.2 Authorization Required
The department director or designee shall authorize travel leave and expenses for City business
outside the City. All travel requests must be approved by the department director or designee
prior to its occurrence. Any employee traveling on official City business shall communicate with
their supervisor as to where they can be reached while out of the City. All travel requests must
be submitted on forms provided for that purpose. Any travel out-of-state for City business
requires approval of the City Manager or designee prior to its occurrence.
113.3 Allowable Expenses
Registration. The City will reimburse actual expenses incurred in registering for a
conference, seminar, or meeting. The registration may also be paid with the City P-Card. An
original receipt must be furnished for reimbursement purposes. The City encourages
advance payment of fees to take advantage of any discounts available. However, any
recreation expenses included in the registration (i.e., golf, tennis, runs, etc.) will not be
reimbursed.
Transportation. The department head/supervisor will be expected to select the mode of
transportation that is most economical to the City considering cost and time consumed.
Normally, when travel is required for City business a City vehicle, rental car, or personal car
may be used when such travel distances are within a 200 mile radius. Employees may be
required to use a City vehicle or a rental car if it is more economical than using a personal
vehicle. For travel beyond a 200 mile radius of the City, air transportation may be approved.
All approved transportation expenses will be reimbursed as follows:
(1) For those with a vehicle allowance in place, reimbursement for travel will be provided
for pre-approved overnight travel and any travel over 50 miles from City Hall.
(2) When employees use their personal vehicles, all travel mileage will be paid at the most
recent corresponding GSA rate per mile plus any parking fees incurred by undertaking
the City business. Employees may not use a City P-Card to purchase fuel for their
personal vehicles. Fuel is included in the mileage rate.
(3) When City vehicles are used, all expenses incidental to the use of such vehicle
(parking, gasoline, oil, repairs, etc.) shall be reimbursed if a City P-Card is not used.
Receipts will be required.
(4) When air travel is permitted, employees will book their flight as far in advance as
possible. Air travel reimbursement shall be limited to “coach” fares. Additionally, if
the employee requires parking at the airport for 24 hours or less, the employee will
be reimbursed at the short term parking rates. If requiring parking for 24hours or
more, the reimbursement shall be at the long term parking rate. Original receipts will
be required for reimbursement.
(5) Reimbursement will be made for the use of rental vehicles, taxi or bus fares, etc.,
provided such expenses are necessary and reasonable. Approval to rent a vehicle
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should be obtained prior to the trip whenever possible. Employees are expected to
use the City’s rental vehicle agreement negotiated by the City with Enterprise. The
City account is TXM0048. Rental car reservations can be made at
https://www.enterprise.com/en/home.html. The employee shall sign and accept the
liability/collision insurance agreement on the contract.
Meals. A maximum reimbursement for meals will be provided based on the General Services
Administration (GSA) guidelines for the location of travel. Total allowance of reimbursement
includes a maximum of twenty percent (20%) for gratuity. Expenses for alcoholic beverages
are not reimbursable. Original receipts will be required for each meal and the travel expense
report should include the date, location, and amount for each meal. The City Manager may
approve an exception to the maximum reimbursement amount if the meal is purchased in
connection with the conference or event.
(1) Per Diem Rate – For overnight trips, employees may, in lieu of the per meal
reimbursement and with the approval of their department head, elect to request per
diem allowance as follows:
Breakfast $10 (if travel commences prior to 6 a.m.)
Lunch $15
Dinner $25 (if travel concludes after 7 p.m.)
(Per Diem rate includes all tips) No receipts are required when the employee elects
to receive the Per Diem Allowance. Reimbursement or Per Diem will not be provided
for meals provided at conferences and included in the registration fees, except when
limitations of an individual cannot be accommodated by the conference organizers
or when the exception is approved by the department head for business purposes.
Lodging. Employees are expected to make lodging reservations well in advance whenever
possible, and to take other actions to ensure lodging is secured at a moderate rate. Lodging
may be secured at facilities provided at the conference location or at facilities recommended
by the conference sponsoring organization. Lodging should be a reasonable single
accommodation. Receipts for lodging must be provided to obtain reimbursement.
(1) Reimbursement will not be made for personal telephone calls, alcoholic beverages,
entertainment expenses, or other sundry items not relevant to the public purpose of
the travel, except as provided in subsection (f), below.
(2) Employees will be allowed a reasonable amount for laundry and dry cleaning
expenses for trips lasting five or more days. Original receipts will be required for
reimbursement.
Entertainment/Business Meals. The City recognizes that from time to time, it is necessary
to entertain or provide business meals for dignitaries and state, federal, and business
representatives whenever it may be deemed in the best interest of the City. Such expenses
may be reimbursed at the discretion of the City Manager. Receipts will be required before
reimbursement can be made. Whenever practical, prior authorization should be obtained
from the City Manager.
Dependent Expenses. There is no objection to a spouse/family member accompanying an
employee on an out of town business trip; however, the City will not be financially
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responsible for the spouse/family member of the employee. Any additional expenses
incurred such as travel, lodging, meals, or any other miscellaneous expenses will be the
sole responsibility of the employee. Employees may not allow family members, friends, or
other third parties to enter or ride in a City vehicle or a vehicle rented for the purpose of City-
related travel.
113.4 Travel Advances
Minimum, but sufficient cash advances may be drawn from the City treasury by employees
traveling on City business. All unused travel advances shall be returned immediately upon
return of the business trip. Failure to return unused funds will subject the employee to a payroll
deduction to credit the proper fund and disciplinary action, up to and including termination.
113.5 Travel Expense Report Procedures
Prior to Travel/Trip:
(1) A Travel Expense Report form shall be filled out for all overnight travel and for all
travel that takes an employee out of the Metroplex for City business.
(2) The employee will fill out all information pertinent to the request, indicating purpose
of travel, location, type of transportation, departure date, return date, estimated
expenditures and funds required in advance. The report shall then be forwarded to
the department head for approval. The department head will review the request and
sign off if the trip is approved. If the request is for out-of-state travel, it must be
approved by the City Manager prior to the time of travel.
(3) If the request is for out-of-state travel, the City Manager will note approval or
disapproval of the request. If the request is disapproved, it will be sent back to the
department head. If the request is approved, it will be forwarded to the Finance
Department for processing if an advance payment is requested. . Finance will then
return the approved form to the employee with the advance payment.
During Travel/Trip: Follow policies for reimbursable expenses.
(1) If more than one employee attends the same trip/event, each employee is
responsible for completing his/her own expense report. In such instances where
employees dine together, a reasonable effort should be made to split the bill.
(2) If the bill cannot be split, then one designated employee should pay the full amount
and obtain a receipt for the entire amount and document the employees’ names that
were present on the Travel Expense Report for reimbursement.
Upon Completion of Travel/Trip:
(1) The employee will fill out all the pertinent expenditure information, indicating what
funds are due the City or what funds are due to the employee within ten working
days after returning from the trip. Failure to submit an expense report will subject the
employee to a payroll deduction for any funds advanced. All cash advances and
expenditure reports shall be submitted on forms provided for that purpose.
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(2) All meeting/event expenses will be indicated on the expense form. All applicable
receipts must be included with the report, including registration and airfare.
(3) The employee will certify that the expenses are correct and will sign off on the report.
The report will be forwarded to their department head for approval.
(4) The department head will review the report, sign off and forward to the Finance
Department for processing and filing.
113.6 General Provisions
Employees are expected to participate each day while attending any conference, seminar
or training session paid for by the City.
Actions and behaviors of employees and representatives, while traveling on City business
at City expense, reflect on the City of Anna. Professionalism is expected of Anna employees
and representatives at all times during this type of travel. Any action that is inappropriate or
would give the appearance of being inappropriate should be avoided.
All employees are expected to report any abuse and/or misuse of travel and training funds
to appropriate management.
When travel plans are cancelled, the employee shall promptly notify the Finance
Department. If the trip is cancelled due to employee illness, a conflict with City business, the
City will be responsible for any fees that result from the cancellation. If the trip is cancelled
for personal reasons, the employee shall reimburse the City for any fees charged as a result
of the cancellation. Any exception to this rule must be approved by the City Manager.
Exceptions to these Travel Policies are made only in exceptional circumstances and only in
those cases where the best interests of the City are clearly manifested. The City Manager
shall determine whether or not to approve such exceptions.
Employees may not allow family members, friends, or other third parties to enter or ride in a
City vehicle or a vehicle rented for the purpose of City-related travel; provided, however, that
an employee may allow family members, friends, or other third parties to enter or ride in the
employee’s personal vehicle or rental vehicle if the employee chooses to personally rent the
vehicle (or chooses to drive their personal vehicle), in which case the City shall not provide
any vehicle-related reimbursement except for mileage reimbursement and parking.
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114.1 Purpose of Equipment/Vehicle Policy
The purpose of these equipment/vehicle policies is to provide for the safe and effective
utilization of the City vehicle fleet through rules, regulations and procedures. Employees using
City vehicles in the performance of their job duties, or who use private vehicles in the
performance of City business, must comply with all federal, state, and local laws regarding
vehicle use, operator licensure, and appropriate maintenance of the motor vehicles used for
said purposes. Each employee will be held responsible for the proper use, care and operation of
a vehicle or piece of equipment assigned to him/her. Abuse of equipment and vehicles
constitutes grounds for disciplinary action, up to and including termination.
114.2 Applicability
These policies shall apply to all City-owned equipment and vehicles and all persons assigned
the equipment and vehicle, inclusive of operators and passengers. These policies shall also
apply to City employees who drive privately owned vehicles while conducting City business.
114.3 Use of City Vehicles
All City equipment and vehicles are intended for official City business uses only. The City
Manager may extend said use according to need and circumstances to another public agency
or for uses beneficial to the general public; provided, however, that such extensions (unless in
case of emergency or public calamity) must be specified in a written agreement in order to be
valid. Use of City equipment and vehicles is limited to the Collin County area unless otherwise
approved by the City Manager or a department head. The City Manager will issue any
exceptions to this policy to the affected employees in writing.
114.4 City Driving Qualifications
Generally. No employee or agent of the City may operate any City vehicle unless they meet
all of the qualifications listed in this section. No employee or agent of the City may operate
a privately owned motor vehicle in pursuance of City business unless they meet all of the
applicable qualifications of this section.
Driver’s License Mandatory.
(1) If an employee’s position requires the operation of a motor vehicle on public roads
while conducting City business, the employee must maintain the appropriate or
required, valid State of Texas Driver’s License and must meet City standards for
driving records.
(2) No employee shall be qualified to drive on City business if he/she does not have a
current, valid driver’s license (including any necessary endorsements or additional
licensing requirements for the position) from applicant/employee’s state of
City of Anna
Personnel Policy Manual
Section 114. Equipment/Vehicle Policy
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residence. All employees must supply their department head or supervisor with a
copy of a current, valid driver’s license prior to operating any City vehicle or motor-
driven equipment.
(3) No temporary or provisional driver’s license will be accepted. No out-of- service order
may be in effect for any CDL driver. Upon moving to the State of Texas, drivers must
obtain a valid Texas Driver’s License within 30 days.
(4) In addition, certain City employees must possess and carry a current, valid,
Commercial Driver’s license while driving a City vehicle or privately owned vehicle
being used for City business as required by state law.
(5) Whenever driving a motor vehicle which does not require a Commercial Driver’s
License, employees must possess and carry a current and valid operator’s license
issued by the State of Texas. Employees will present their motor vehicle operator’s
license to any authorized person upon request.
Safe Driving Record. The City will require all persons operating City vehicles and those
employees driving their own vehicles on City business to maintain a safe driving record. A
“safe driving record” will be defined as:
(1) No more than three moving violations or motor vehicle accidents, in any combination,
within a 36 month period;
(2) No conviction of driving/boating/flying while intoxicated (DWI/BWI/FWI), driving while
under the influence of drugs or alcohol (DWI/DUI); and
(3) No felony conviction of failure to stop and render aid, failure to leave identification at
the scene of an accident, involuntary manslaughter, criminally negligent homicide,
or any other felony involving use of a motor vehicle.
Reporting Requirements. Each employee who drives on City business shall report to his/her
supervisor (immediately if on-duty, or upon return to work if occurring off-duty) any event
which might potentially disqualify the employee from driving on City business, such as
citations for moving violations or motor vehicle crashes. Any failure to report a Driving
Event(s) to the direct supervisor within 24 hours will subject the employee to
disciplinary or corrective action, up to and including termination. At a minimum, any
employee who drives on City business shall report all of the following events (“Driving
Events”):
(1) Moving violation conviction(s);
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(2) A conviction for DWI/DUI or flying/boating while intoxicated (or entering a deferred
adjudication program for DWI/DUI);
(3) Any cancellation, revocation, or expiration of the employee’s driver’s license without
immediate renewal or reinstatement;
(4) Any suspension of a driver’s license, any temporary suspension, or out-of-service
order of a Commercial Driver’s License, occurring for any reason. This includes, but
is not limited to: suspensions for nonpayment of child support; habitual violations;
revocations for medical reasons, criminal mischief, fraud, or drug offenses; “serious”
traffic violations, or as set forth in Texas Transportation Code Chapter 521;
(5) Felony conviction, including but not limited to intoxication assault or intoxication
manslaughter, etc., involving the use of a motor vehicle;
(6) A suspension, cancellation, revocation, or expiration of the employee’s personal
liability insurance on his/her privately-owned vehicle used for City business (or non-
owned rider coverage); or
(7) Arrest, citation, or indictment for any offense related to public intoxication (PI), driving
while intoxicated (DWI), or similar offense involving alcohol or any other drug or
substance, whether or not the events forming the basis of the charge or investigation
occurred while the employee was on-duty.
Driving Record. Employee driving records will be checked at random periodically to ensure
that no persons with unsafe driving records are operating City vehicles or driving on City
business. A copy of the driving record of all employees with driving responsibilities who do
not meet the safe driving requirement will be submitted to their department head for review.
Action to be taken in each case will be recommended by the department head, to the City
Manager for final approval. Upon request, an employee shall provide their department head
with a signed and completed form of release that will allow the City to obtain the employee’s
official driving record.
Employees who fail to meet the safe driving requirements may be required to submit to one
or more of the consequences below, at the discretion of the City Manager:
(1) Required to attend a defensive driving class on their own time and at their own
expense;
(2) Assigned non-driving responsibilities within their current department, if available;
(3) Transferred to another department and assigned non-driving responsibilities, if
available;
(4) Assessed another type of remedial action as determined by the City Manager to be
appropriate in that specific case; or
(5) Dismissed from employment, if none of the above alternatives can be achieved
within a reasonable period of time. A "reasonable period" will be defined as generally
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not to exceed 30 calendar days from the date an employee is notified of his/her
failure to meet the safe driving requirements.
Proof of Financial Responsibility. Any employee driving a private vehicle on City business is
individually responsible for maintaining liability insurance. Employees who operate their
privately owned vehicles on City business shall carry proof of financial responsibility (such
as a current insurance card for an amount of liability insurance equal to or exceeding the
minimum coverage required by state law) at all times the vehicle is in operation, and must
present evidence of current insurance coverage upon request to any authorized person.
Driver Training. Those employees who drive City-owned vehicles are required to complete
a defensive driver training course. Consideration should also be given to other employees
who are regularly using privately owned vehicles as part of their essential job functions. The
defensive driving requirements are as follows:
(1) New employees shall complete a defensive driver training course approved in
advance by the employees’ department head. New employees shall take the course
at the first available course date after the commencement of employment.
(2) Current employees driving a City-owned vehicle—as well as those employees who
change positions or assignments to include driving a City-owned vehicle—are
similarly required to complete a defensive driver training course approved in advance
by the employees’ department head. These employees shall take the course at the
first course date as determined by their department head.
(3) All employees who are required to participate in defensive driver training shall be
required to repeat such training at least once every three years.
Other Qualifications.
(1) All employees must be at least 18 years of age before operating any City vehicle or
motor-driven equipment.
(2) Employees must also consistently operate any City vehicle or privately-owned
vehicle used in support of City business in a manner which reflects positively on the
City. This includes courtesy to other drivers, appropriate distancing when parking
any City vehicle, and heightened caution in the presence of pedestrians.
114.5 Operation and Ridership
Except for maintenance, service and repair, only City employees are allowed to operate a
City vehicle. Ridership should be limited to employees or persons on official City business.
Due to the nature of certain employees being required to be on call and take a vehicle home,
the City Manager may exercise limited discretion in situations wherein the ridership policy
might cause transportation difficulties to an employee required to be on standby and use a
City vehicle.
Employees should organize vehicle use to avoid unnecessary trips and minimize vehicle
wear and tear. Employees travelling to a common destination should travel in as few vehicles
as is practical under the circumstances.
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Employees shall be personally liable for any citations or penalties accompanying violations
of this provision. Tolls and parking fees (but not fines, penalties, costs, or citations) may be
reimbursed upon presentation of appropriate documentation to the Director of Human
Resources or department head. In some instances, due to frequent toll use, some vehicles
may be outfitted with a City-purchased and owned toll tag. Toll tags are to be assigned to a
specific vehicle and are the responsibility of the department head to monitor and ensure that
toll tags are maintained and used only for City business.
Employees shall be responsible for paying all fines and penalties stemming from moving
violations or other fines received while on duty or when operating a City vehicles or privately-
owned vehicle on City business. Even if properly paid by the employee, such violations may
be used to determine whether an employee may continue to drive motor vehicles on City
business.
114.6 Privately Owned Vehicles on City Business
Employees may use privately owned vehicles on City business only after approval from the
department head or City Manager. No employee shall be allowed to use a privately owned
vehicle without first providing proof of adequate insurance coverage and a valid driver’s
license issued by the State of Texas.
Privately owned vehicles being used for City business must display valid registration and
inspection stickers and have a current, valid, Texas license plate attached to the front and
rear of the vehicle. Employees are responsible for the expense of maintaining these items
and shall take all steps to ensure legal operation of the vehicle during their off-work hours.
Privately owned vehicles will not use City gasoline, oil, fuel additives, filters, or any
maintenance supplies provided by the City. Only eligible employees can be reimbursed for
mileage driven in support of City business. No mileage reimbursements will be possible
without properly documented mileage and advance authorization of mileage reimbursement.
114.7 Safety, Maintenance, and Care
Generally. Supervisors shall not allow any driver to operate an unsafe City vehicle or operate
any vehicle for something other than its designed purpose, or issue any directives that may
cause a violation of this motor vehicle use policy.
Safety. All operators and passengers will be individually accountable for abiding with all laws
pertaining to vehicles and their operation.
(1) No one is allowed to operate a City vehicle or piece of equipment while under the
influence of alcohol, medication or drugs which might impair the operator’s mental
or physical faculties, including but not limited to judgment, reflexes, and senses..
(2) No person with corrective lenses, devices, or appliances shall be allowed to operate
City equipment or vehicles without same being in place and in good repair.
(3) No City employees may operate or place in motion any motor vehicle on City
business unless all vehicle occupants are first secured using all available safety
restraints, such as seat belts and shoulder harnesses, in the manner prescribed by
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state law. All City employees riding in a motor vehicle while on City business shall
use all available safety restraints. Failure to appropriately use safety devices while
operating or occupying a motor vehicle on City business may be the basis for
disciplinary action, up to and including termination.
(4) No motor vehicle used for performance of City business shall be operated with vision
obstructed by broken or cracked glass, dirt, frost, ice, dew, or other condensation on
windows or mirrors. Employees are required to remove any impediments to clear
view prior to putting any vehicle in motion.
(5) No City vehicle shall be operated if it has a door which does not close properly or if
it has a door that must be secured by means other than the appropriate standard
latching mechanism.
(6) Any person who is injured or becomes ill should use the radio and/or cellular phone
to obtain assistance rather than try to operate a vehicle or piece of equipment.
(7) Use of tobacco is not allowed in City vehicles (see Section 104.06.1 of this Manual).
(8) Employees shall take all practical measures to eliminate distractions while driving
any motor vehicle in support of City business. Caution must be exercised with the
use of communication radios and/or cellular phones while operating a vehicle. Every
effort should be made to minimize the use of these devices while driving. Use of
cellular phones or other wireless communication devices in a “hands-free” mode is
permitted unless a department policy mandates otherwise. Reading or sending text
messages while driving is strictly prohibited. Fire and law enforcement officers are
permitted to use electronic devices while driving if the usage is within the course and
scope of an official emergency response or communication, in circumstances where
the device is essential for the nature of the emergency response and no other
employee is available to utilize the device, so long as such use does not unduly
endanger any persons or property.
(9) No personal or City-issued cell phones (including texting), two-way communication
radios, or any other device utilizing earphones (whether or not issued by the City)
shall be worn or operated while driving, with the exception of those devices utilized
by the Police Department and/or Fire Department in the execution of their job
functions as necessary to communicate through dispatch services and respond to
emergency situations. In the event an employee is found to be using one of these
devices while driving a City vehicle, that employee is subject to disciplinary action,
up to and including termination.
(10) Any City employee operating a City vehicle shall avoid any behavior which
presents an increased risk of damage to the vehicle or which unnecessarily
accelerates wear and tear of that vehicle or its components. Forbidden behaviors
include, but are not limited to: excessively racing a cold engine; riding a clutch;
continuing to operate a City vehicle/item of equipment when instruments or warning
lights indicate a malfunction or deficit of operating liquids (e.g., “Low Oil” light);
continuing to operate a City vehicle that is producing unusual noises or is difficult to
control; overloading any City vehicle or item of equipment or using it for purposes
other than those for which it was designed; and introducing incorrect fuel (such as
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diesel rather than gasoline) or incorporating any foreign substance (such as water
into the oil system) into a City vehicle or equipment.
(11) Operators of City vehicles shall insure that all loads are secured in accordance
with the rules of the road, that the vehicle load will safely pass under all obstructions
(suspended lines, under/overpasses) on the planned route of travel, and that all
passengers can be safely and lawfully transported before setting the vehicle in
motion.
(12) City vehicles shall not be used to push or tow any other vehicle unless properly
equipped for such purpose.
(13) City vehicles should not be left unlocked, except in extreme emergencies. Under
no circumstances should keys be left with unattended vehicles.
(14) Any employee who is using prescription or non-prescription medication or
substances having side effect(s) that may hinder or impair safe driving shall not drive
on City business. In the event an employee is found to be using these substances
while driving a City vehicle, that employee is subject to disciplinary action, up to and
including termination.
(15) Employees shall not drive a City vehicle or a privately-owned vehicle on City
business while under the influence of alcohol or any controlled substance. In the
event an employee is found to be under the influence of alcohol or any controlled
substance while driving a City vehicle, that employee is subject to disciplinary action,
up to and including termination.
Maintenance and Care. Periodic inventory of equipment and vehicles will be taken at the
discretion of the City Manager or other functional manager. All damaged, broken, or lost
equipment will be repaired, replaced, or removed from service.
(1) Those personnel assigned use of a vehicle or piece of equipment will be responsible
for the maintenance and care of said vehicle/equipment.
(2) Damage arising from misuse or neglect attributable to operator negligence is subject
to review by the City Manager and subsequent repair at the expense of employee
held responsible for same.
(3) No one shall operate a City vehicle or piece of equipment that is unsafe. All
employees shall report any unsafe condition, maintenance warning, or other
disrepair immediately to the appropriate supervisor. If a City vehicle becomes
disabled, malfunctions, or is believed to possess any characteristic presenting a
safety risk in the opinion of a reasonably prudent motor vehicle operator, all
employees are required to report the disrepair or unsafe condition to the appropriate
supervisor immediately. In the event a City vehicle can still be operated safely
without harm or undue risk to the vehicle, its passengers, or others, the City vehicle
may be driven to a repair facility. If it is uncertain whether or not a City vehicle is safe
for driving, the department head responsible for the vehicle shall make arrangements
for the vehicle to be towed to a repair facility.
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(4) Employees shall not make any modifications to City vehicles or City vehicle mounted
equipment without prior written authorization from the appropriate department official
responsible for the maintenance of that vehicle or piece of equipment.
(5) Employees who drive City vehicles shall keep the interior clean and free of trash and
other debris.
(6) No employee shall cause or allow the engine of a City vehicle within his or her
custody or control to idle for more than five consecutive minutes in a one-hour period
when the City vehicle is not in motion or when that engine is not being used for its
primary function. No employee shall switch the City vehicle engine off and back on
in a manner that would serve to comply with the five-minute limitation, but defeat the
intent of this restriction, which is to reduce emissions, fuel consumption, and
vehicular wear caused by engine idling. Exceptions to this rule include:
(i) City vehicles prohibited from movement due to traffic conditions over which the
operator has no control;
(ii) City vehicles being used in an emergency or law enforcement capacity;
(iii) City vehicles being used as a primary power source for another device, such
as a power take-off unit;
(iv) City vehicles being operated for maintenance and diagnostic purposes;
(v) City vehicles being used in transit operations, in which case the engine may
be allowed to idle for up to 30 minutes; or
(vi) City vehicles idling to protect employee health or safety.
114.8 Vehicle Logs
It will be the responsibility of each operator of a City vehicle or piece of equipment to properly fill
out any paperwork associated with the use, mileage, gas/lubricant applications, maintenance or
any other documentation, which may be required from time to time. It is ultimately the department
head’s responsibility to ensure that required reports associated with City vehicles in use by their
department are completed and properly filed.
114.9 Take Home Vehicle Policy
Under limited circumstances, employees of the City may be permitted to drive a City vehicle
to be kept off of City premises in “home storage.” Employees may be authorized to drive a
City vehicle home under the following conditions:
(1) Employee is on 24 hour call.
(2) Department heads, supervisors, or other employees that are subject to emergency
call-back after regular work hours.
(3) Employees that conduct City business on a frequent basis before and after normal
working hours.
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Any employee allowed to take home a City owned vehicle must:
(1) receive permission form his or her department head and the City Manager, in
writing, stipulating the conditions and privileges.
(2) keep the vehicle at their home or at a pre-designated area;
(3) use the vehicle for City business use only. Personal or private use of a City owned
take-home vehicle is prohibited.
(4) park the vehicle off the street; and
(5) only allow City employees to ride in the City vehicle without explicit authorization.
Use of a City owned vehicle as a take-home vehicle is a discretionary privilege that can be
withdrawn by the City Manager for any reason.
114.10 Traffic Citations and Accidents
Generally. Supervisors receiving a report of a Driving Event, or any employee condition
related to driving safety, shall promptly investigate the surrounding circumstances, prepare
a written report, and forward it report to the department head within 48 hours. The supervisor
shall require the employee to present all court documents and motor vehicle record reports
necessary for the department to evaluate whether a potentially disqualifying Driving Event
has occurred.
Traffic Citations. If an employee receives a traffic citation for a moving violation committed
while operating a City-owned vehicle or while driving their personal vehicle on City business,
the employee will be expected to pay any resulting fine at their own expense. Repeated
traffic violations or misuse of City vehicles or equipment may result in disciplinary action, up
to and including termination.
Accidents in City-Owned Vehicles. If an employee is involved in an accident while driving a
City vehicle, that individual will be required to follow the specific accident reporting procedure
outlined by the department. In general, for all departments, the employee should:
(1) Call 911 for immediate assistance.
(2) Call the Police Department immediately. Do not move the vehicle in the event of an
injury accident until directed by a police officer.
(3) Obey all state laws regarding rendering assistance to any injured persons, providing
required information, and cooperating with law enforcement investigation of the
accident.
(4) Provide their name and department to the other driver without discussing the
accident with anyone except the investigating officer or their supervisor.
(5) Call the supervisor who will then be responsible to file the required accident form.
Forms are available in the department or from Human Resources. An accident report
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shall be filed in all instances involving City vehicles and equipment, regardless of the
amount of the damage or location of the accident.
(6) Report to one of our drug and alcohol testing sites immediately. A supervisor or other
member of City administration must provide transport unless otherwise directed by
the City Manager. Exceptions can only be made by the City Manager or his or her
designee.
(7) Failure to report any accident or vehicle damage immediately may result in
disciplinary action including termination.
Employees who are involved in any arrest, citation, indictment, investigation, collision, or
other incident in which the employee’s use of alcohol, over-the-counter drugs, prescription
medications, or some other drug or controlled substance is alleged to be a factor are
expressly forbidden from operating any motor vehicle on City business pending re-
authorization by the City. This includes, but is not limited to, arrests or citations for DWI/PI
which have not yet reached a final adjudication.
The City Manager and department head shall review all reports of Driving Events and
determine whether the employee can be permitted to drive on City business. An employee
whose essential job functions including driving on City business may be subject to
termination if suspended from driving City vehicles for any period.
114.11 Authority of City Manager to Control Use
The City Manager has the authority to impose additional qualifications and restrictions on the
operation and use of City vehicles, if such restrictions contribute to the safety of the general public
and City employees, or if they serve to improve the functional operations of any City department
without compromising the safety of any person.
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115.1 Purpose
It is the policy of the City to maintain a work environment free from the use, possession and
effect of controlled substances and alcoholic beverages. The City recognizes that drugs and
alcohol impair employee judgment, which may result in increased safety risks, hazards to the
public, employee injuries, faulty decision-making, and reduced productivity. Therefore, the City
expects all employees to be in a state of mind and physical condition fit to complete their
assigned duties safely and competently during work hours.
115.2 General Policy
Being under the influence of alcohol or controlled substance on City property is prohibited,
regardless of whether or not the employee is currently on duty. The unauthorized use or
possession of prescription drugs or excessive or improper use of over-the-counter drugs on
City property is prohibited.
Employees who violate this policy are subject to appropriate disciplinary action, including
termination.
This policy applies to all employees of the City, regardless of rank or position, and includes
temporary and part time employees.
115.3 Violations
The sale or unlawful manufacture, possession, distribution, and/or use of controlled
substances or alcoholic beverages by an employee while on duty or during lunch and/or
other breaks or at any time while the employee is on a City work site or on duty, is absolutely
prohibited and constitutes cause for discipline, up to and including termination, in
accordance with these personnel regulations. The appropriate law enforcement agency will
be notified of any such sale, distribution, and/or use of illegal substance by employees. Any
employee who is arrested for a drug-related crime under a state or federal criminal drug
statute for violations occurring on or off duty must report their arrest to their supervisor within
three days.
The City retains the right to perform drug tests of its employees at any time when appropriate
under these regulations and at a testing facility of its choosing. Failure to comply with
instructions to report and submit to a drug test as authorized under these policies will be
considered insubordination and may constitute grounds for disciplinary action up to and
including termination.
115.4 Surveillance, Searches, and Testing
Generally. By accepting an offer of employment, all employees of the City consent to the
video surveillance described below, at any time the City may choose, and also release the
City of Anna
Personnel Policy Manual
Section 115. Substance Abuse Policy
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City from all liability, including liability for negligence, associated with the enforcement of the
policies and procedures in this Manual and/or any searches or surveillance or testing
undertaken pursuant to this section. This consent to surveillance and searches and
accompanying release of liability does not create, modify, or otherwise affect the employee-
at-will status of any City employee, and should not be interpreted to constitute any guarantee
or promise of employment. Failure to adhere to this section and any related policies or
procedures may subject an employee to disciplinary action, up to and including termination
without warning.
Surveillance. In order to promote the safety of employees and City visitors, as well as the
security of its facilities, the City may conduct video surveillance of any portion of its premises
at any time, the only exception being private areas of restrooms, showers, and dressing
rooms. The City may position video cameras in appropriate places within and around City
buildings to monitor activity and promote the safety and security of people and property. All
desks, storage areas, lockers, and all vehicles owned, financed, or leased by the City or
used by the City to transport employees, goods, and/or products are subject to monitoring
and search at any time without the employee’s knowledge, presence, or permission.
Searches.
(1) The City reserves the right to conduct searches to monitor compliance with rules
concerning the safety of employees, security of the City and individual property,
drugs and alcohol, and possession of other prohibited items. “Prohibited items”
includes: illegal drugs, alcoholic beverages, prescription drugs or medications not
used or possessed in compliance with a current valid prescription; unauthorized
weapons; any items of an obscene, harassing, demeaning, or violent nature; and
any property in the possession or control of an employee who does not have
authorization from the owner of the property to possess or control the property.
“Control” means knowing where a particular item is, having placed an item where it
is currently located, or having any influence over its continued placement. The City
may search employees, their work areas, lockers, personal vehicles (if driven or
parked on City property), and other personal items such as bags, purses, briefcases,
backpacks, lunch boxes, and other containers, and such searches shall be
conducted in accordance with these policies. In requesting a search, the City makes
no accusation of theft, some other crime, or any other variety of improper conduct.
(2) There is no general or specific expectation of privacy in the workplace of the City,
either on the premises of City property or while on duty. Employees should assume
that what they do while on duty or on City premises is not private. All employees and
all of the areas listed above are subject to search at any time; if an employee uses
a locker or other storage area at work, including a locking desk drawer or locking
cabinet, the City will either furnish the lock and keep a copy of the key or combination,
or else allow the employee to furnish a personal lock, but the employee must give the
City a copy of the key or combination. The areas in question may be searched at any
time, with or without the employee being present. As a general rule, with the exception
of items relating to personal hygiene or health, no employee should ever bring
anything to work or store anything at work that he or she would not be prepared to
show and possibly turn over to City officials and/or law enforcement authorities.
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(3) The City may conduct unannounced searches or inspections of City-owned property
where there is reasonable suspicion of criminal activity or the presence of alcohol or
controlled substances. These searches may include, but are not limited to, lockers,
offices, tool chests, and desks located on City property, work sites and City-owned
vehicles. Where an employee may be able to limit access to a City-owned container
(such as a locker securable by a padlock), the City may either request that the
employee remove any locks to allow a search or physically remove the locks without
prior notice to the employee. The City will not reimburse any expenses associated
with removal of a security device to allow a search of City premises.
(4) The City may search or seize an employee’s personal property when there is
reasonable suspicion of criminal activity or the presence of alcohol or controlled
substances. In conducting such searches or seizures, the City will coordinate with
the Police Department and/or the City Attorney’s office before conducting a search
or seizure, except when exigent circumstances are present. All employees of the
City are subject to this policy. However, any given search may be restricted to one
or more specific individuals, depending on the situation. “Reasonable suspicion”
means circumstances suggesting to a reasonable person that there is a possibility
that one or more individuals may be in possession of a prohibited item as defined
above. Any search performed under this policy will be done in a manner protecting
the employees’ privacy, confidentiality, and personal dignity to the greatest extent
possible.
(5) No employee will be physically forced to submit to a search or seizure unless exigent
circumstances require same. However, an employee who refuses to submit to a
search request from the City will face disciplinary action, up to and possibly including
immediate termination of employment.
Testing.
(1) When the department head, Human Resources or City Manager has a reasonable
suspicion that an employee, at work or when reporting to work, is under the influence
of alcohol or a controlled substance, or is abusing alcohol or a controlled substance
and appears to be impaired or unfit for duty, the employee will be required to submit
to a drug-alcohol test. Reasonable suspicion is a belief based on objective facts
sufficient to lead a reasonable prudent person to suspect that an employee is under
the influence of drugs or alcohol such that the employee’s ability to perform the
functions of the job is impaired or reduced. Observations which constitute a factual
basis for determining reasonable suspicion may include, but are not limited to: odor
of alcoholic beverage, erratic behavior, violent mood swings, excessive absenteeism
including tardiness, a medical emergency that can be attributed to drug use, physical
on-the-job evidence of drug use, documented deterioration in the employee's job
performance, or an accident which is caused by the apparent action or inaction of
the employee.
(2) The immediate supervisor or department head or Human Resources will submit
information in writing, to the City Manager that describes the incident, documenting
the circumstances leading to the conclusion that a drug test is necessary. Such
documentation will include the date, time, place, description of incident, and
statements of witnesses. Any other evidence such as drugs, drug paraphernalia and
containers will be collected. After documenting the incident, the department head
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will contact Human Resources and the City Manager to determine if drug testing is
appropriate and to arrange for testing. If drug testing is appropriate, the immediate
supervisor or department head will transport the employee to the drug specimen
collection facility. The drug/alcohol tests may utilize urine, blood, hair follicle, or other
type of sample as medically appropriate and feasible under the circumstances. After
testing, the employee will be transported home by their immediate supervisor, a
relative or their emergency contact of record and instructed not to report to work until
the results of the test are known.
(3) Failure to comply with requested drug testing will subject the employee to
disciplinary action, which may include termination.
115.5 Preventive Acts
Employees taking drugs prescribed by an attending physician must advise their immediate
supervisor in writing of the possible effects of such medication regarding their job
performance and physical/mental capabilities. This written information must be kept
confidential and communicated to the immediate supervisor prior to the employee
commencing work. All prescription drugs must be kept in their original container.
Supervisors should reasonably accommodate any temporary or permanent limitations
caused by an employee’s medications. Extreme caution should be used in all assignments
of medicated employees involving operation or supervision of motor vehicles or heavy
equipment, and any doubt should be resolved in postponing any such operation or
supervision until it is certain that the employee can safely do so.
115.6 Work Related Accident
Any employee involved in a work related accident shall be subject to urine, breath, blood and/or
hair follicle testing for drug or alcohol use or abuse. In the context of this subsection, “involved”
includes all rational connections to the accident, and may call for drug testing of an employee
who was injured due to the apparent fault of another person.
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116.1 Reservation of Rights
The City reserves the right (with or without notice) to interpret, change, suspend, cancel or
dispute all or any part of this policy, or the procedures or benefits discussed herein. Where
practicable, employees will be notified before implementation of any change.
Although adherence to this entire Manual is considered a condition of continued
employment, nothing in this Manual alters an employee’s status and shall not constitute nor
be deemed a contract or promise of employment. Employees remain free to resign their
employment at any time for any or no reason, without notice and the City retains the right to
terminate any employee at any time, for any or no reason, without notice.
In the event of a typographical or scrivener’s error in this Manual as to any number, letter,
word, sentence, phrase or other content, which if implemented literally would have the effect
of proving any unintended benefit or degree of benefit, the City Manager shall have full
discretion to implement the provision(s) where such errors appear as if the provision(s) had
been stated without the error and with the correct content. Any employee who notices a
typographical or scrivener’s error in this Manual or any amendment to this Manual shall
promptly report same to the employee’s supervisor or department head.
116.2 Other Laws and Regulations
This Manual is not intended to fully describe or explain all of an employee’s potential rights or
duties. The provisions of this policy shall apply in addition to, and shall be subordinated to, any
requirements imposed by applicable federal, state, or local laws, regulations or judicial
decisions. Employees who desire further information should independently investigate the
governing law and contact an attorney to evaluate their position. Unenforceable provisions of
this policy
City of Anna
Personnel Policy Manual
Section 116. Reservation of Rights
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EXHIBIT 1
Appendix A-1
Acknowledgement Form
Property of the City of Anna
TO BE SIGNED & RETURNED TO THE HUMAN RESOURCE DEPARTMENT PRIOR TO START
OF CITY EMPLOYMENT
(Employees are not eligible for compensation, leave, or benefits until this document has been
signed and included in that employee’s personnel file.)
I, , acknowledge receipt of a full copy of the City of Anna Personnel Policy Manual (this
“Manual”) and that I have read and understood its contents. Like all other employees of the City
covered under this Manual, I am responsible for knowing its contents and keeping it updated. I
understand and acknowledge that the City of Anna may change or modify the policies and
procedures in this handbook at any time, with or without prior notice. I understand that violating the
policies and rules set out in this handbook may lead to disciplinary action up to and including
termination.
I further understand that this Manual does not create a contract for employment with the City of Anna
or in any way modify, limit, or alter the “at-will” nature of the undersigned’s employment with the City
of Anna.
Issued to:
Signed:
Date received:
A copy of this signed page shall be placed in the employee’s personnel file.
Personnel Policy Manual
Appendix A-3
CONSIDERATION FOR PROMOTION/TRANSFER REQUEST
Name SSN (last 4 digits)
I request to be considered for a promotion/transfer (circle one) from my present job position,
(Position Title and Department)
to the job position of:
(Position Title and Department)
Years Employed with the City: Years in Current Position:
Applicant’s Signature Date
Appendix A-3
Receiving Department Head
Approval/Denial (circle one)
APPROVED/DENIED BY
DATE
City Manager
Approval/Denial (circle one)
APPROVED/DENIED BY
DATE Page 1 of
I understand that the information conveyed in this document shall be used to consider my request
for the promotion/transfer described herein only. Furthermore, I understand that I must provide a
separate completed form to be considered for each promotion/transfer.
Reason for Promotion/Transfer:
Current Department Head
Approval/Denial (circle one)
APPROVED/DENIED BY
DATE
Appendix A-5 Page 1 of 3
Appendix A-5
DISCRIMINATION/HARASSMENT/SEXUAL HARASSMENT
COMPLAINT FORM
This form may be filled-out by the complainant or person receiving the complaint.
Date of Complaint:
Name of Person Completing this Form:
Phone Number: Title:
Complainant Information
Name: Title:
Direct Supervisor: Department:
Work Address: Work Phone:
Home Address: Home Phone:
Type of Complaint: (check the type(s) of discrimination/harassment that relates to this
complaint)
Sexual Harassment
Age Discrimination
Disability Discrimination
Sexual Orientation
Sex Discrimination
Religious Discrimination
Pregnancy Discrimination
Gender Identity
Racial Discrimination
National Origin Discrimination
Color Discrimination
Genetic Information
Hostile Work Environment or Retaliation: (must be based on one or more of the protected
groups listed above, check if appropriate)
Hostile Work Environment Retaliation
By initialing the below box you are acknowledging that you understand that every complaint of a
discrimination/harassment/sexual harassment nature will be investigated and that the accused will
be notified of the complaint.
Initials
Appendix A-5 Page 2 of 3
Appendix A-5
What or who do you believe was responsible for the alleged discrimination or harassment
incident(s)?
Accused Information
Name: Title:
Relationship to Complainant: (i.e. supervisor, co-worker, subordinate, etc.)
Direct Supervisor: Department:
Work Address: Work Phone:
Describe the alleged harassment or discrimination incident(s). Please specify location(s), date(s),
and time(s) of each occurrence. Use as much detail as possible. Attach additional sheets, if
necessary.
Did you inform the alleged offender(s) their behavior was unacceptable?
Yes No
If yes, please describe:
Appendix A-5 Page 3 of 3
Appendix A-5
Were there any witnesses to the alleged harassment or discrimination incident(s)?
Yes No
If yes, please provide the name(s), address(es) and phone number(s):
Have you reported this incident to anyone else?
Yes No
If yes, please provide the name(s), address(es) and phone number(s):
What remedy are you seeking?
Please attach any supporting documentation to this form.
I, (complainant name) certify this statement is true and factual.
Complainant’s Signature:
Date:
Printed Name: Phone Number:
Appendix A-6
NOTICE OF INTENT TO RETURN
FROM FAMILY MEDICAL LEAVE
Name: Date:
Social Security Number: Department:
Date of Leave Commenced: Date of Planned Return:
I understand that my restoration to employment is subject to the following conditions:
1. If leave was for a continuous block of time and my health care provider has released me
to return to work, I intend to return to work as scheduled.
Yes
No. If “no” is selected, I am stating I do not intend to return to work and I
am resigning my employment with the City of Anna.
2. I was advised, prior to the date of this Notice, that as a condition of my restoration to
employment, I would be required to provide a written certification from my health care
provider that I am able to resume working and can perform the essential functions of my
job. My health care provider has reviewed documents related to my job and their
certification is indicated below.
Employee’s Signature:
Date:
Health Care Provider Information:
Health Care Provider Name: Certification Date:
I have examined the above referenced employee and compared the employee’s condition to
the job duties and requirements for the position of .
I hereby certify that he/she is fully able to resume working in that position.
Health Care Provider’s Signature:
Date:
Printed Name: Phone Number:
Appendix A-6 Page 1 of 1
Certification of Health Care Provider for U.S. Department of Labor
Employee’s Serious Health Condition Wage and Hour Division
(Family and Medical Leave Act)
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT OMB Control Number: 1235-0003
Expires: 5/31/2018
SECTION I: For Completion by the EMPLOYER
INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act (FMLA) provides that an employer may
require an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a
medical certification issued by the employee’s health care provider. Please complete Section I before giving this form to
your employee. Your response is voluntary. While you are not required to use this form, you may not ask the employee to
provide more information than allowed under the FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must
generally maintain records and documents relating to medical certifications, recertifications, or medical histories of
employees created for FMLA purposes as confidential medical records in separate files/records from the usual personnel
files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies, and in accordance
with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.
Employer name and contact:
Employee’s job title: Regular work schedule:
Employee’s essential job functions:
Check if job description is attached:
SECTION II: For Completion by the EMPLOYEE
INSTRUCTIONS to the EMPLOYEE: Please complete Section II before giving this form to your medical provider.
The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to
support a request for FMLA leave due to your own serious health condition. If requested by your employer, your response
is required to obtain or retain the benefit of FMLA protections. 29 U.S.C. §§ 2613, 2614(c)(3). Failure to provide a
complete and sufficient medical certification may result in a denial of your FMLA request. 20 C.F.R. § 825.313. Your
employer must give you at least 15 calendar days to return this form. 29 C.F.R. § 825.305(b).
Your name:
First Middle Last
SECTION III: For Completion by the HEALTH CARE PROVIDER
INSTRUCTIONS to the HEALTH CARE PROVIDER: Your patient has requested leave under the FMLA. Answer,
fully and completely, all applicable parts. Several questions seek a response as to the frequency or duration of a
condition, treatment, etc. Your answer should be your best estimate based upon your medical knowledge, experience, and
examination of the patient. Be as specific as you can; terms such as “lifetime,” “unknown,” or “indeterminate” may not
be sufficient to determine FMLA coverage. Limit your responses to the condition for which the employee is seeking
leave. Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as defined in
29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. §
1635.3(b). Please be sure to sign the form on the last page.
Provider’s name and business address:
Type of practice / Medical specialty:
Telephone: ( ) Fax:( )
Page 1 Form WH-380-E Revised May 2015
Page 2 CONTINUED ON NEXT PAGE Form WH-380-E Revised May 2015
PART A: MEDICAL FACTS
1. Approximate date condition commenced:
Probable duration of condition:
Mark below as applicable:
Was the patient admitted for an overnight stay in a hospital, hospice, or residential medical care facility?
No Yes. If so, dates of admission:
Date(s) you treated the patient for condition:
Will the patient need to have treatment visits at least twice per year due to the condition? No Yes.
Was medication, other than over-the-counter medication, prescribed? No Yes.
Was the patient referred to other health care provider(s) for evaluation or treatment (e.g., physical therapist)?
No Yes. If so, state the nature of such treatments and expected duration of treatment:
2. Is the medical condition pregnancy? No Yes. If so, expected delivery date:
3. Use the information provided by the employer in Section I to answer this question. If the employer fails to
provide a list of the employee’s essential functions or a job description, answer these questions based upon
the employee’s own description of his/her job functions.
Is the employee unable to perform any of his/her job functions due to the condition: No Yes.
If so, identify the job functions the employee is unable to perform:
4. Describe other relevant medical facts, if any, related to the condition for which the employee seeks leave
(such medical facts may include symptoms, diagnosis, or any regimen of continuing treatment such as the use
of specialized equipment):
Page 3 CONTINUED ON NEXT PAGE Form WH-380-E Revised May 2015
________
PART B: AMOUNT OF LEAVE NEEDED
5. Will the employee be incapacitated for a single continuous period of time due to his/her medical condition,
including any time for treatment and recovery? No Yes.
If so, estimate the beginning and ending dates for the period of incapacity:
6. Will the employee need to attend follow-up treatment appointments or work part-time or on a reduced
schedule because of the employee’s medical condition? No Yes.
If so, are the treatments or the reduced number of hours of work medically necessary?
No Yes.
Estimate treatment schedule, if any, including the dates of any scheduled appointments and the time
required for each appointment, including any recovery period:
Estimate the part-time or reduced work schedule the employee needs, if any:
hour(s) per day; days per week from through
7. Will the condition cause episodic flare-ups periodically preventing the employee from performing his/her job
functions? No Yes.
Is it medically necessary for the employee to be absent from work during the flare-ups?
No Yes . If so, explain:
Based upon the patient’s medical history and your knowledge of the medical condition, estimate the
frequency of flare-ups and the duration of related incapacity that the patient may have over the next 6
months (e.g., 1 episode every 3 months lasting 1-2 days):
Frequency : times per week(s) month(s)
Duration: hours or day(s) per episode
ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL
ANSWER.
Page 4 Form WH-380-E Revised May 2015
Signature of Health Care Provider Date
PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT
If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. § 2616; 29
C.F.R. § 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB
control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this
collection of information, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. If you have any comments regarding this burden
estimate or any other aspect of this collection information, including suggestions for reducing this burden, send them to the
Administrator, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC
20210. DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT.
Page 1 CONTINUED ON NEXT PAGE Form WH-380-F Revised May 2015
Certification of Health Care Provider for U.S. Department of Labor
Family Member’s Serious Health Condition
(Family and Medical Leave Act)
Wage and Hour Division
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT.
SECTION I: For Completion by the EMPLOYER
OMB Control Number: 1235-0003
Expires: 5/31/2018
INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act (FMLA) provides that an employer
may require an employee seeking FMLA protections because of a need for leave to care for a covered family
member with a serious health condition to submit a medical certification issued by the health care provider of the
covered family member. Please complete Section I before giving this form to your employee. Your response is
voluntary. While you are not required to use this form, you may not ask the employee to provide more information
than allowed under the FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally maintain
records and documents relating to medical certifications, recertifications, or medical histories of employees’ family
members, created for FMLA purposes as confidential medical records in separate files/records from the usual
personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies,
and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.
Employer name and contact:
SECTION II: For Completion by the EMPLOYEE
INSTRUCTIONS to the EMPLOYEE: Please complete Section II before giving this form to your family
member or his/her medical provider. The FMLA permits an employer to require that you submit a timely,
complete, and sufficient medical certification to support a request for FMLA leave to care for a covered family
member with a serious health condition. If requested by your employer, your response is required to obtain or
retain the benefit of FMLA protections. 29 U.S.C. §§ 2613, 2614(c)(3). Failure to provide a complete and
sufficient medical certification may result in a denial of your FMLA request. 29 C.F.R. § 825.313. Your employer
must give you at least 15 calendar days to return this form to your employer. 29 C.F.R. § 825.305.
Your name:
First Middle Last
Name of family member for whom you will provide care:
First Middle Last
Relationship of family member to you:
If family member is your son or daughter, date of birth: _ _ _
Describe care you will provide to your family member and estimate leave needed to provide care:
Page 2 CONTINUED ON NEXT PAGE Form WH-380-F Revised May 2015
Employee Signature Date
Page 3 CONTINUED ON NEXT PAGE Form WH-380-F Revised May 2015
SECTION III: For Completion by the HEALTH CARE PROVIDER
INSTRUCTIONS to the HEALTH CARE PROVIDER: The employee listed above has requested leave under
the FMLA to care for your patient. Answer, fully and completely, all applicable parts below. Several questions
seek a response as to the frequency or duration of a condition, treatment, etc. Your answer should be your best
estimate based upon your medical knowledge, experience, and examination of the patient. Be as specific as you
can; terms such as “lifetime,” “unknown,” or “indeterminate” may not be sufficient to determine FMLA
coverage. Limit your responses to the condition for which the patient needs leave. Do not provide information
about genetic tests, as defined in 29 C.F.R. § 1635.3(f), or genetic services, as defined in 29 C.F.R. § 1635.3(e).
Page 3 provides space for additional information, should you need it. Please be sure to sign the form on the last
page.
Provider’s name and business address:
Type of practice / Medical specialty:
Telephone: ( ) Fax:( )
PART A: MEDICAL FACTS
1. Approximate date condition commenced:
Probable duration of condition:
Was the patient admitted for an overnight stay in a hospital, hospice, or residential medical care facility?
No Yes. If so, dates of admission:
Date(s) you treated the patient for condition:
Was medication, other than over-the-counter medication, prescribed? _No Yes.
Will the patient need to have treatment visits at least twice per year due to the condition? No Yes
Was the patient referred to other health care provider(s) for evaluation or treatment (e.g., physical therapist)?
No Yes. If so, state the nature of such treatments and expected duration of treatment:
2. Is the medical condition pregnancy? No _Yes. If so, expected delivery date:
3. Describe other relevant medical facts, if any, related to the condition for which the patient needs care (such
medical facts may include symptoms, diagnosis, or any regimen of continuing treatment such as the use of
specialized equipment):
PART B: AMOUNT OF CARE NEEDED: When answering these questions, keep in mind that your patient’s need
for care by the employee seeking leave may include assistance with basic medical, hygienic, nutritional, safety or
transportation needs, or the provision of physical or psychological care:
4. Will the patient be incapacitated for a single continuous period of time, including any time for treatment and
recovery? No Yes.
Estimate the beginning and ending dates for the period of incapacity:
During this time, will the patient need care? No Yes.
Explain the care needed by the patient and why such care is medically necessary:
5. Will the patient require follow-up treatments, including any time for recovery? No Yes.
Estimate treatment schedule, if any, including the dates of any scheduled appointments and the time required for
each appointment, including any recovery period:
Explain the care needed by the patient, and why such care is medically necessary:
6. Will the patient require care on an intermittent or reduced schedule basis, including any time for recovery?
No Yes.
Estimate the hours the patient needs care on an intermittent basis, if any:
hour(s) per day; days per week from through
Explain the care needed by the patient, and why such care is medically necessary:
Page 3 CONTINUED ON NEXT PAGE Form WH-380-F Revised May 2015
7. Will the condition cause episodic flare-ups periodically preventing the patient from participating in normal daily
activities? No Yes.
Based upon the patient’s medical history and your knowledge of the medical condition, estimate the frequency of
flare-ups and the duration of related incapacity that the patient may have over the next 6 months (e.g., 1 episode
every 3 months lasting 1-2 days):
Frequency: times per week(s) month(s)
Duration: hours or day(s) per episode
Does the patient need care during these flare-ups? No Yes.
Explain the care needed by the patient, and why such care is medically necessary:
ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER.
Signature of Health Care Provider Date
PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT
If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. § 2616;
29 C.F.R. § 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB
control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this
collection of information, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information. If you have any comments regarding this burden estimate
or any other aspect of this collection information, including suggestions for reducing this burden, send them to the Administrator,
Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC 20210.
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT.
Page 4 Form WH-380-F Revised May 2015
Appendix A-8 Page 1 of
Appendix A-8
APPLICATION FOR FAMILY AND MEDICAL LEAVE (FMLA)
Name: Date:
Social Security Number: Department:
Mailing Address (home): Home Phone Number:
Supervisor’s Name: Phone Number:
Full-Time Exempt Full-Time Non-Exempt Part-Time
Hire Date: Normal Work Hours Per Week:
Anticipated Begin Date of Leave: Expected Return to Work Date:
Has the Employee Taken Other FMLA leave During this Calendar Year? No
Yes No.If Yes, How Many Work Days?
Explain Reason for Request:
Schedule of Leave Request:
For entire period requested above
Intermittent (a few hours a day, for a few days a week or on an as needed basis)
Reduced Schedule (reduction in hours worked per work week or work day)
Retain Leave Balances During Leave1 Use Applicable Leave Balances2
Request is initiated by: Employee Supervisor Other (family member)
Signature of Person Initiating Request:
Signature: Date:
This form must be returned to the employee’s Department Head prior to approval of any
FMLA leave.
Note: After making the Department Head aware that the employee needs leave for a reason that
might qualify FMLA Leave, it is the responsibility of the employee to obtain from the physician
the completed Certification of Health Provider Form and return to Human Resources within
fifteen (15) days.
1 Results in FMLA leave being unpaid leave.
Appendix A-9 Page 1 of
2 When all applicable leave balances are exhausted, approved FMLA leave will continue as unpaid leave.
Appendix A-10 Page 1 of
Appendix A-9
GARRITY WARNING
To be given to an employee by their employer during an employment investigation that requires
the employee to either provide information or be discharged for refusing to provide information.
If such a warning is given, the employee may object to the use of such information in a subsequent
criminal proceeding on the basis that a self-incriminating statement was made under duress.
GARRITY WARNING
I wish to advise you that you are being questioned as part of an official investigation of your
employer. You will be asked questions specifically, directly and narrowly related to performance
of your official duties or fitness for office. You are entitled to all the rights and privileges
guaranteed by the law and the Constitution of the United States, including the right not to be
compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or to
answer questions relating to the performance of your official duties or fitness for duty, you could
be subject to discharge. If you do answer, neither your statement, nor any information or evidence
which is gained by reason of such statement, can be used against you in any subsequent criminal
proceedings. However, these statements may be used against you in relation to subsequent
discipline.
I, (employee name) agree to testify or to answer
questions relating to the performance of my official duties or fitness for duty.
Yes
No. If “no” is selected, I am stating I refuse to testify or to answer questions
relating to the performance of my official duties or fitness for duty and I
am resigning my employment with the City of Anna.
Employee’s Acknowledgment:
Date:
Printed Name:
Human Resource Representative Acknowledgement:
Date:
Printed Name:
Appendix A-11 Page 1 of
Appendix A-10
PERFORMANCE IMPROVEMENT PLAN
Employee Name: Job Title:
Department: Date:
Performance in need of improvement (List the goals the employee will initiate to improve
work performance, as well as an action plan for how the employee will achieve each goal.
Include skill development and changes needed to meet work performance expectations):
Goals Action Plan
1.
2.
3.
Targeted Date for Improvement:
Expected results (List measurements, where possible):
Projects are completed on time and within budget
Dates to review progress by the employee and supervisor:
Appendix A-10 Page 2 of 2
Appendix A-10
Progress at review dates (Use additional sheets as necessary):
Employee has achieved the required improvement(s) described above.
Employee has not achieved the required improvement(s) described above.
Employee Signature: Date:
Supervisor Signature: Date:
Appendix A-11 Page 1 of 2
Appendix A-11
APPEAL OF DISCIPLINARY ACTION FORM
(To be completed by Complainant and returned to Human Resources)
Name: Date:
Social Security Number: Department:
Effective Date of Action:
Type of Action: (check the type of action that relates to this appeal)
Involuntary Transfer Dismissal Suspension Demotion
Were you serving a probationary or trial period at the time of the action you are appealing?
Yes No
Employment status at the time of the action you are appealing?
Permanent Seasonal Temporary
Describe the action taken against you and why it was not reasonable, in your opinion. Attach
additional sheets, if necessary.
What remedy are you seeking?
Employee’s Signature:
Date:
Appendix A-11 Page 2 of 2
Appendix A-11
Outcome of Appeal to be recorded by Human Resources Department, below.
SUPERVISOR/DEPARTMENT HEAD DATE
HUMAN RESOURCES REPRESENTATIVE DATE
Appendix A-12 Page 1 of 3
Appendix A-12
FORMAL GRIEVANCE FORM
(To Be Completed By Complainant)
Date: (Date of Letter)
To: (Employee’s Supervisor)
Supervisor’s Position:
From: (Name of Employee)
Employee Position:
Department:
Nature of Grievance:
Date grievance reported to Supervisor:
Date to be resolved:
SIGNED:
COMPLAINANT DATE
FIRST STEP - SUPERVISOR / DEPARTMENT HEAD:
Date of Meeting: Time: Place :
Comments or Additional Information (Supervisor/Department Head):
SIGNED:
SUPERVISOR/DEPARTMENT HEAD DATE
Appendix A-12 Page 2 of 3
Appendix A-12
Outcome of Grievance (or reasons for failure to reach settlement) to be recorded by
Supervisor or Department Head, whichever is appropriate, below.
Accepted / Not accepted by Complainant:
SIGNED :
COMPLAINANT DATE
WITNESS DATE
WITNESS DATE
SECOND STEP – CITY MANAGER LEVEL
Date of Meeting: Time: Place :
Comments or Additional Information (City Manager or his/her designee):
Outcome of Grievance (or reasons for failure to reach settlement) to be recorded by Mayor or
his/her designee, whichever is appropriate, below.
Accepted/Not accepted by Complainant:
Appendix A-12 Page 3 of 3
Appendix A-12
SIGNED:
COMPLAINANT DATE
WITNESS DATE
WITNESS DATE
City Manager’s Printed Name:
CITY MANAGER’S SIGNATURE DATE
The content of this form is Private and Confidential
Appendix A-13
EMPLOYEE REPRIMAND
(To be Completed by Employee’s Supervisor or Department Head)1
To: (Name of Employee / Position)
From: (Name of Supervisor / Position)
Department:
Date(s)/time period(s) of employee’s conduct resulting in reprimand:
Summary description of employee’s conduct resulting in reprimand:
(continue on additional pages if necessary)
The conduct described above must not be repeated and further disciplinary action will result if the employee fails
to show and maintain satisfactory improvement. Summary description of expected conduct and behavior:
(continue on additional pages if necessary)
Date to be resolved by employee (insert date and/or circle one or more):
Date: immediately / all future times / all future similar situations
SIGNED:
SUPERVISOR or DEPARTMENT HEAD DATE (Date of Reprimand)
(Section Below to be Completed by Employee)
I understand that my signature below does not necessarily mean that I agree with this reprimand, but rather only that I was given
this reprimand. I also understand that if I were to refuse to sign this reprimand, I will be subject to further discipline up to and
potentially including termination.
SIGNED:
EMPLOYEE DATE
Employee’s comments (optional)
(continue on additional pages if necessary)
1 Note: In certain circumstances, a reprimand may be completed and signed by the City Manager.
Page 1 C2NTINUED 2N NE;T PA*E Form W+-380-F Revised 0a\ 2 15
Certification of Health Care Provider for U.S. Department of Labor
Family Member's Serious Health Condition
(Family and Medical Leave Act)
Wage and Hour Division
'2 N27 6(N' C203/(7(' F2R0 72 7+( '(3AR70(N7 2F /A%2R R(78RN 72 7+( 3A7I(N7.
SECTION I: For Completion by the EMPLOYER
2M% Control Number: 1235-0003
Expires: 5/31/2018
INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act (FMLA) provides that an employer
may require an employee seeking FMLA protections because of a need for leave to care for a covered family
member with a serious health condition to submit a medical certification issued by the health care provider of the
covered family member. Please complete Section I before giving this form to your employee. Your response is
voluntary. While you are not required to use this form, you may not ask the employee to provide more information
than allowed under the FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally maintain
records and documents relating to medical certifications, recertifications, or medical histories of employees' family
members, created for FMLA purposes as confidential medical records in separate files/records from the usual
personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies,
and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.
Employer name and contact:
SECTION II: For Completion by the EMPLOYEE
INSTRUCTIONS to the EMPLOYEE: Please complete Section II before giving this form to your family
member or his/her medical provider. The FMLA permits an employer to require that you submit a timely,
complete, and sufficient medical certification to support a request for FMLA leave to care for a covered family
member with a serious health condition. If requested by your employer, your response is required to obtain or
retain the benefit of FMLA protections. 29 U.S.C. §§ 2613, 2614(c)(3). Failure to provide a complete and
sufficient medical certification may result in a denial of your FMLA request. 29 C.F.R. § 825.313. Your employer
must give you at least 15 calendar days to return this form to your employer. 29 C.F.R. § 825.305.
Your name:
First Middle Last
Name of family member for whom you will provide care:----------------------------------------------
First Middle Last
Relationship of family member to you:
If family member is your son or daughter, date of birth:---------------------------------------------
Describe care you will provide to your family member and estimate leave needed to provide care:
Page 2 C2NTINUED 2N NE;T PA*E Form W+-380-F Revised 0a\ 2 15
Employee Signature Date
Page 3 C2NTINUED 2N NE;T PA*E Form W+-380-F Revised 0a\ 2 15
---
---
---
---
--
--
---
------
---
----
--------
----
---
---
--
--
----
----
SECTION III: For Completion by the HEALTH CARE PROVIDER
INSTRUCTIONS to the HEALTH CARE PROVIDER: The employee listed above has requested leave under
the FMLA to care for your patient. Answer, fully and completely, all applicable parts below. Several questions
seek a response as to the frequency or duration of a condition, treatment, etc. Your answer should be your best
estimate based upon your medical knowledge, experience, and examination of the patient. Be as specific as you
can; terms such as "lifetime," "unknown," or "indeterminate" may not be sufficient to determine FMLA
coverage. Limit your responses to the condition for which the patient needs leave. Do not provide information
about genetic tests, as defined in 29 C.F.R. § 1635.3(f), or genetic services, as defined in 29 C.F.R. § 1635.3(e).
Page 3 provides space for additional information, should you need it. Please be sure to sign the form on the last
page.
Provider's name and business address:
Type of practice / Medical specialty:
Telephone: ( ) Fax:( )
PART A: MEDICAL FACTS
1. Approximate date condition commenced:
Probable duration of condition:
Was the patient admitted for an overnight stay in a hospital, hospice, or residential medical care facility?
No Yes. If so, dates of admission:
Date(s) you treated the patient for condition:
Was medication, other than over-the-counter medication, prescribed? -No Yes.
Will the patient need to have treatment visits at least twice per year due to the condition? No Yes
Was the patient referred to other health care provider(s) for evaluation or treatment (e.g., physical therapist)?
No Yes. If so, state the nature of such treatments and expected duration of treatment:
2. Is the medical condition pregnancy?
3. Describe other relevant medical facts, if any, related to the condition for which the patient needs care (such
medical facts may include symptoms, diagnosis, or any regimen of continuing treatment such as the use of
specialized equipment):
---
---
---
---
--
--
--
--
---
---
---
---
--
--
--
--
PART B: AMOUNT OF CARE NEEDED: When answering these questions, keep in mind that your patient's need
for care by the employee seeking leave may include assistance with basic medical, hygienic, nutritional, safety or
transportation needs, or the provision of physical or psychological care:
4. Will the patient be incapacitated for a single continuous period of time, including any time for treatment and
recovery? No Yes.
Estimate the beginning and ending dates for the period of incapacity: -----------------------------------
During this time, will the patient need care? No
Explain the care needed by the patient and why such care is medically necessary:
5. Will the patient require follow-up treatments, including any time for recovery? No Yes.
Estimate treatment schedule, if any, including the dates of any scheduled appointments and the time required for
each appointment, including any recovery period:
Explain the care needed by the patient, and why such care is medically necessary: ------------------------
6. Will the patient require care on an intermittent or reduced schedule basis, including any time for recovery?
No Yes.
Estimate the hours the patient needs care on an intermittent basis, if any:
hour(s) per day; days per week from through
Explain the care needed by the patient, and why such care is medically necessary:
Page 3 CONTINUED ON NE;T PA*E Form W+-380-F Revised 0a\ 2 15
----
----
----
----
----
----
7. Will the condition cause episodic flare-ups periodically preventing the patient from participating in normal daily
activities? No Yes.
Based upon the patient's medical history and your knowledge of the medical condition, estimate the frequency of
flare-ups and the duration of related incapacity that the patient may have over the next 6 months (e.g., 1 episode
every 3 months lasting 1-2 days):
Frequency: ----- times per ----- week(s) ---------
Duration: ----- hours or ------day(s) per episode
Does the patient need care during these flare-ups? No Yes.
Explain the care needed by the patient, and why such care is medically necessary: ------------------------
ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER.
Signature of Health Care Provider Date
PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT
If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. § 2616;
29 C.F.R. § 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB
control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this
collection of information, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information. If you have any comments regarding this burden estimate
or any other aspect of this collection information, including suggestions for reducing this burden, send them to the Administrator,
Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC 20210.
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT.
Page 4 Form WH-380-F Revised 0a\ 2 15
Item No. 6.f.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Natasha Roach
AGENDA ITEM:
Approve a Resolution authorizing the Anna Director of Economic Development to enter
into purchase and sale agreements and other real estate related transactions to buy or
sell property on behalf of the CDC. (Interim Director of Economic Development Natasha
Roach)
SUMMARY:
The Anna Community Development Corporation is authorized to engage in economic
development activities, including the acquisition and disposition of real property, in order
to promote business growth, job creation, and community development within the City of
Anna. Real estate transactions are often time-sensitive and require prompt execution of
agreements to remain competitive and responsive to development opportunities.
Currently, individual real estate transactions require specific board action / signatures
prior to execution, which can delay negotiations and limit flexibility.
The purpose of the request is to authorize the Director of Economic Development to
execute purchase and sale agreements and other real estate–related documents on
behalf of the Anna CDC, subject to applicable laws, CDC policies, and budgetary
constraints. This authorization is intended to streamline real estate transactions while
maintaining appropriate oversight.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The CDC Board of Directors approved a resolution at the January 8, 2026, CDC/EDC
Joint Board Meeting authorizing the Director of Economic Development to enter into
purchase and sale agreements and other real estate–related transactions on behalf of
the Anna Community Development Corporation.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - CDC Signatory Authorization
CITY OF ANNA
the City Council of the City of Anna, Texas (the “City Council”) recognizes
that on January 8, 2026, the Anna Community Development Corporation (the “CDC”)
passed a resolution authorizing the Director of Economic Development to enter into
purchase and sale agreements and other real estate related transactions on behalf of
the CDC; and
in its endeavors to promote community development in and near the City of
Anna, Texas, the CDC) often buys or sells land for community development projects;
and
the CDC Board of Directors (the “CDC Board”) meets once each month
making it difficult for the Board to evaluate and act upon opportunities to buy and sell
real estate as such opportunities may occur; and
the City Council has determined that said authorization should be
approved;
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Authorization
The City Council hereby approves the authorization of the Anna Director of Economic
Development to enter into purchase and sale agreements and other real estate related
transactions to buy or sell property on behalf of the CDC; provided, however, that: (1)
such authorization has first been approved by the CDC Board and is revokable by the
CDC Board; (2) the CDC Board is not authorized to delegate authority to close on such
transactions and must provide final approval before the CDC acquires or transfers any
interest in real property; and (3) the Council, before such closing occurs, must have
approved one or more CDC projects that include the acquisition or transfer of such
interest in real property to the extent such approval is required under applicable law.
PASSED by the City Council of the City of Anna, Texas, on this 6th day of February
2026.
Item No. 6.g.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Natasha Roach
AGENDA ITEM:
Approve a Resolution authorizing the Anna Director of Economic Development to enter
into purchase and sale agreements and other real estate related transactions to buy or
sell property on behalf of the EDC. (Interim Director of Economic Development Natasha
Roach)
SUMMARY:
Same as stated in the precious item, The Anna Economic Development Corporation is
authorized to engage in economic development activities, including the acquisition and
disposition of real property, in order to promote business growth, job creation, and
community development within the City of Anna. Real estate transactions are often
time-sensitive and require prompt execution of agreements to remain competitive and
responsive to development opportunities.
Currently, individual real estate transactions require specific board action / signatures
prior to execution, which can delay negotiations and limit flexibility.
The purpose of the request is to authorize the Director of Economic Development to
execute purchase and sale agreements and other real estate–related documents on
behalf of the Anna EDC, subject to applicable laws, EDC policies, and budgetary
constraints. This authorization is intended to streamline real estate transactions while
maintaining appropriate oversight.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The EDC Board of Directors approved a resolution at the January 8, 2026, CDC/EDC
Joint Board Meeting authorizing the Director of Economic Development to enter into
purchase and sale agreements and other real estate–related transactions on behalf of
the Anna Economic Development Corporation.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - EDC Signatory Authorization
CITY OF ANNA
the City Council of the City of Anna, Texas (the “City Council”) recognizes
that on January 8, 2026, the Anna Economic Development Corporation (the “EDC”)
passed a resolution authorizing the Director of Economic Development to enter into
purchase and sale agreements and other real estate related transactions on behalf of
the EDC; and
in its endeavors to promote community development in and near the City of
Anna, Texas, the EDC often buys or sells land for economic development projects; and
the EDC Board of Directors (the “EDC” Board) meets once each month
making it difficult for the Board to evaluate and act upon opportunities to buy and sell
real estate as such opportunities may occur; and
the City Council has determined that said authorization should be
approved;
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Authorization
The City Council hereby approves the authorization of the Anna Director of Economic
Development to enter into purchase and sale agreements and other real estate related
transactions to buy or sell property on behalf of the EDC; provided, however, that: (1)
such authorization has first been approved by the EDC Board and is revokable by the
EDC Board; (2) the EDC Board is not authorized to delegate authority to close on such
transactions and must provide final approval before the EDC acquires or transfers any
interest in real property; and (3) the Council, before such closing occurs, must have
approved one or more EDC projects that include the acquisition or transfer of such
interest in real property to the extent such approval is required under applicable law.
by the City Council of the City of Anna, Texas, on this 6th day of February
2026.
Item No. 6.h.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact:
AGENDA ITEM:
Take action to Adopt a Resolution setting a Public Hearing under Section 372.009 of the
Texas Local Government Code to be held on March 10, 2026 on the advisability of the
creation of a public improvement district and improvements within the City of Anna,
Texas, to be known as Liberty Hills Public Improvement District No. 1 and authorizing
the issuance of notice by the City Secretary of Anna, Texas, regarding the Public
Hearing. (Director of Public Works Joseph Cotton)
SUMMARY:
Take action to Adopt a Resolution setting a Public Hearing under Section 372.009 of the
Texas Local Government Code to be held on March 10, 2026 on the advisability of the
creation of a public improvement district and improvements within the City of Anna,
Texas, to be known as Liberty Hills Public Improvement District No. 1 and authorizing
the issuance of notice by the City Secretary of Anna, Texas, regarding the Public
Hearing. (Director of Public Works Joseph Cotton)
FINANCIAL IMPACT:
BACKGROUND:
Take action to Adopt a Resolution setting a Public Hearing under Section 372.009 of the
Texas Local Government Code to be held on March 10, 2026 on the advisability of the
creation of a public improvement district and improvements within the City of Anna,
Texas, to be known as Liberty Hills Public Improvement District No. 1 and authorizing
the issuance of notice by the City Secretary of Anna, Texas, regarding the Public
Hearing. (Director of Public Works Joseph Cotton)
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Resolution Accepting Petition and Calling Public Hearing (LH PID No 1) v3
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COLLIN COUNTY
CITY OF ANNA
We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as
follows:
1. The City Council (the "Council") of the City convened in a regular meeting on
January 27, 2026, at the regular designated meeting place, and the roll was called of the duly
constituted officers and members of the Council, to wit:
Pete Cain, Mayor Kelly Patterson-Herndon, Council Member
Kevin Toten, Mayor Pro Tem Elden Baker, Council Member
Stan Carver II, Deputy Mayor Pro-Tem Manny Singh, Council Member
Nathan Bryan, Council Member
Marc Marchand, Acting City Manager
Carrie Land, City Secretary
and all of said persons were present, except ________________________________________,
thus constituting a quorum. Whereupon, among other business the following was transacted at
said meeting: a written
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION
372.009 OF THE TEXAS LOCAL GOVERNMENT CODE TO BE HELD ON
FEBRUARY 24, 2026 ON THE ADVISABILITY OF THE CREATION OF A
PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN
THE CITY OF ANNA, TEXAS, TO BE KNOWN AS LIBERTY HILLS
PUBLIC IMPROVEMENT DISTRICT NO. 1 AND AUTHORIZING THE
ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS,
REGARDING THE PUBLIC HEARING.
was duly introduced for the consideration of the Council. It was then duly moved and seconded
that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage
of said Resolution, prevailed and carried, with all members of the Council shown present above
voting "Aye," except as noted below:
NAYS: ABSTENTIONS:
Signature Page to a Certificate for
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE
TEXAS LOCAL GOVERNMENT CODE TO BE HELD ON JANUARY 27, 2026 ON THE
ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND
IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS LIBERTY
HILLS PUBLIC IMPROVEMENT DISTRICT NO. 1 AND AUTHORIZING THE ISSUANCE
OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC
HEARING
2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; said
Resolution has been duly recorded in the Council's minutes of said meeting; the above and
foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting
pertaining to the passage of said Resolution; the persons named in the above and foregoing
paragraph are the duly chosen, qualified, and acting officers and members of the Council as
indicated therein; that each of the officers and members of the Council was duly and sufficiently
notified officially and personally, in advance, of the time, place, and purpose of the aforesaid
meeting, and that said Resolution would be introduced and considered for passage at said meeting,
and each of said officers and members consented, in advance, to the holding of said meeting for
such purpose; and that said meeting was open to the public, and public notice of the time, place,
and purpose of said meeting was given all as required by the Texas Government Code, Chapter
551.
3. The Council has approved and hereby approves the Resolution; and the Mayor and
City Secretary hereby declare that their signing of this certificate shall constitute the signing of the
attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED ON JANUARY 27, 2026.
ATTEST: ___________________________________
Pete Cain, Mayor
___________________________________
Carrie Land, City Secretary
(SEAL)
3
CITY OF ANNA, TEXAS
RESOLUTION NO. 2026-01-____
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION
372.009 OF THE TEXAS LOCAL GOVERNMENT CODE TO BE HELD ON
FEBRUARY 24, 2026 ON THE ADVISABILITY OF THE CREATION OF A
PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN
THE CITY OF ANNA, TEXAS, TO BE KNOWN AS LIBERTY HILLS
PUBLIC IMPROVEMENT DISTRICT NO. 1 AND AUTHORIZING THE
ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS,
REGARDING THE PUBLIC HEARING.
WHEREAS, the City of Anna, Texas (the “City”), is authorized under Chapter 372 of the
Texas Local Government Code (the “Act”), to create a public improvement district within its
corporate limits and extraterritorial jurisdiction; and
WHEREAS, on October 29, 2025, LH Residential Development, LLC, SH Dev Liberty
Hills Anna, LLC, and PH Land Holdings, LLC, each a Texas limited liability company
(collectively, the “Petitioners”), being the owners of (1) taxable real property representing more
than 50 percent of the appraised value of taxable real property liable for assessment under the
proposal, as determined by the current roll of the appraisal district in which the property is located
and (2) record owners of real property liable for assessment under the proposal who: (A) constitute
more than 50 percent of all record owners of property that is liable for assessment under the
proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all
taxable real property that is liable for assessment under the proposal, to be included within the
corporate limits of the City, submitted and filed with the City Secretary (the “City Secretary”) a
petition (“Petition”), attached as Exhibit A, requesting the establishment of the Liberty Hills
Public Improvement District No. 1 for approximately 139.983 acres of property to be included
within the corporate limits of the City (the “District”); and
WHEREAS, said petition described public improvements that the property desires to be
made within the District; and
WHEREAS, the City Council (the “City Council”) will hold a public hearing in
accordance with Section 372.009 of the Act regarding the advisability of establishing the District,
the nature of the improvements contemplated, the estimated costs of the improvements, the
boundaries of the District, the method of assessment, and the apportionment, if any, of the costs;
and
WHEREAS, it is hereby officially found and determined that the meeting at which this
resolution was considered was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code; and
4
WHEREAS, in order to hold a public hearing for the creation of a public improvement
district, notice must be given in a newspaper of general circulation in the municipality and in the
part of the extraterritorial jurisdiction in which the district is to be located or in which the
improvements are to be undertaken before the 15th day before the date of the hearing, and written
notice must be mailed to the current address of each owner, as reflected on the tax rolls, of property
that would be subject to assessment under the proposed public improvement district; and
WHEREAS, both newspaper notice and mailed notice must contain the information
required for notice as provided for in Section 372.009 of the Act; and
WHEREAS, the City Council has determined to hold a public hearing on February 24,
2026 on the creation of the District; and
WHEREAS, the City Council finds that the passage of this Resolution is in the best interest
of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1: All of the above recitals are hereby found to be true and correct factual
determinations of the City and are hereby approved and incorporated by reference as though fully
set forth herein.
Section 2: City Staff reviewed the Petition and determined that the same complied with
the requirements of the Act and the City Council accepts the Petition.
Section 3: That a public hearing is hereby called for February 24, 2026 at 6:00 p.m. at the
Anna Municipal Complex, Council Chambers, 120 W. 7th Street, Anna, Texas 75409 for the
purpose of hearing public testimony with respect to the advisability of establishing the District,
the nature of the improvements contemplated, the estimated costs of the improvements, the
boundaries of the District, the method of assessment, and the apportionment, if any, of the costs.
.Section 4: At such time and place the City Council will hear testimony regarding the
creation of the proposed public improvement district and the City Council may, within its sole
discretion, consider the adoption of a resolution authorizing the creation of the proposed District.
Section 5: Attached hereto as Exhibit A is the Petition to Establish Liberty Hills Public
Improvement District No. 1 to be included within the City of Anna, Texas, which includes a metes
and bounds description for the District.
Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the
“Notice”) the form and substance of which is hereby adopted and approved.
5
Section 7: Included as part of Exhibit A hereto—as Exhibit “A” thereof—is a legal
description of the 139.983 acres of property to be included in the proposed District.
Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be
published in substantially the form attached hereto, in a newspaper of general circulation in the
City, and to mail a copy of said Notice to all landowners to be included within the boundaries of
the proposed District as required by law. The City Secretary shall provide Notice on or before the
15th day before the February 24, 2026 hearing.
Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the City Council hereby determines that it would have adopted this resolution without the
invalid provision.
Section 10: This resolution shall be in full force and effect from and after its passage, and
it is accordingly so resolved.
PASSED AND APPROVED ON THIS 27TH DAY OF JANUARY, 2026.
ATTEST: APPROVED:
___________________________ __________________________
Carrie L. Land, City Secretary Pete Cain, Mayor
A-1
EXHIBIT A
Petition to Establish Liberty Hills Public Improvement District No. 1
712018355v1
STATE OF TEXAS §
§ PETITION TO ESTABLISH LIBERTY HILLS
COUNTY OF COLLIN § PUBLIC IMPROVEMENT DISTRICT NO. 1
TO THE HONORABLE GOVERNING BODY OF THE CITY OF ANNA:
COMES NOW LH Residential Development, LLC, a Texas limited liability company, SH
Dev Liberty Hills Anna, LLC, a Texas limited liability company, and PH Land Holdings, LLC, a
Texas limited liability company (the “Petitioners”), hereby request and petition the City of Anna
(the “City”) to establish Liberty Hills Public Improvement District No. 1 (the “District”) under and
pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the “Act”),
on the hereinafter described property situated within the corporate limits of the City, and in support
thereof would respectfully show the following:
I.
The general nature of the proposed public improvements to be provided by the District
that are necessary for the development of the Property within the District and which shall
promote the interests of the City and confer a special benefit upon the Property, may include:
(i) street and roadway improvements, including related sidewalks, drainage, utility relocation,
signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii)
establishment or improvement of parks and open space, together with the design, construction
of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting
and any similar items located therein; (iii) sidewalks and landscaping, including entry
monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and
improvement of water, wastewater and drainage improvements and facilities and facilities
related thereto; (v) acquisition of real property, interests in real property, or contract rights in
connection with the Authorized Improvements (as defined below); (vi) payment of costs,
including, without limitation, design, engineering, permitting, legal, required payment,
performance and maintenance bonds, bidding, support, construction, construction management,
administrative and inspection costs, associated with developing and financing the public
improvements listed in (i) through (v) above; (vii) projects similar to those listed in subsections
(i) - (v) above or authorized by the Act, including similar off-site projects that provide a benefit
to the property within the District; (viii) any additional improvement projects authorized in the
Act; (ix) payment of costs associated with special supplemental services for improvement and
promotion of the District as approved by the City including services related to advertising,
promotion, health and sanitation, water and wastewater, public safety, security, business
recruitment, development, recreation, and cultural enhancement; and (x) payment of costs
associated with developing and financing the public improvements listed in (i) - (ix) above, as
well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for
the purposes described in (i) through (ix) above, and costs of establishing, administering and
operating the District (collectively, the “Authorized Improvements”).
II.
The estimated costs of constructing and acquiring all of the currently proposed Authorized
Improvements, together with bond issuance costs, legal and financial fees, letter of credit fees and
expenses, bond credit enhancement expenses, capitalization of bond interest, the creation of a bond
reserve fund, expenses incurred in the establishment, administration and operation of the District
and acquisition, by purchase or otherwise, of real property or contract rights in connection with
each authorized improvement, is presently estimated to be a total of approximately $44,000,000,
based on the estimated current and future costs of the Authorized Improvements to serve the area
within the District, as authorized by law. The total costs of the Authorized Improvements shall be
paid from any revenues or assessments lawfully available to the City, anticipating that the costs of
acquisition of the Authorized Improvements will be paid pursuant to a contractual reimbursement
obligation or the issuance of bonds secured by and payable from a special assessment levied on all
property within the District’s boundaries for the Authorized Improvements.
III.
The boundaries of the proposed District are fully described in Exhibit “A,” attached hereto
and made a part hereof for all purposes.
IV.
The proposed method of assessment is to impose a special assessment to be paid in
installments on all useable property within the District, net of any public right-of-way, according
to the value of the property, without regard to the value of improvements on the property, or in
any other manner that results in imposing equal shares of the cost on property similarly benefitted.
A report will be prepared showing the special benefits accruing to property within the District and
how the costs of the Authorized Improvements are assessed to property on the basis of special
benefit received by the property from the Authorized Improvements.
V.
All costs incurred by the District shall be paid by the District, and there shall be no
apportionment of costs between the District and the City as a whole. The City will not be obligated
to provide any funds to finance the proposed improvements except from assessments generated by
property within the District.
VI.
Management and administration of the District shall be by the City. The City may contract
from time to time with a private company for District administrative services.
VII.
The individuals executing this Petition are duly authorized to execute this Petition, and the
Petitioners request the establishment of the District.
VIII.
An Advisory Board may be established to develop and recommend an improvement plan
to the City Council of the City of Anna (the “Council”). The Petitioners request that if the Council
establishes an Advisory Board, that such Advisory Board should include representatives of the
Petitioners or their designees.
IX.
This Petition has been executed for and on behalf of (i) the owners of more than 50% of
the taxable real property described in said Exhibit A, representing all of the appraised value of
taxable real property liable for assessment under this Petition as shown by the current roll of the
Collin County Appraisal District, and (ii) the record owners of more than 50% of the real property
liable for assessment under this Petition, and shall be filed with the Secretary of the City. The
Petitioners own 100% of the property to be located in the District and liable for assessments.
WHEREFORE, PREMISES CONSIDERED, Petitioners prays that the Council:
(1) duly consider this Petition and adopt a Resolution finding (i) that this
Petition complies with all legal requirements; (ii) that the proposed Authorized Improvements are
necessary, advisable and will provide a public use and benefit to the City; and (iii) that the
estimated costs of the improvements, the method of assessment and the apportionment of costs
between the District and the City are reasonable and acceptable;
(2) call a public hearing, give notice thereof as required by law and hold such
hearing on the advisability of the Authorized Improvements specified in this Petition; and
(3) grant all matters requested in this Petition and grant such other relief, in law
or in equity, to which Petitioners shall show themselves to be entitled.
[Signature pages follows]
B-1
EXHIBIT B
CITY OF ANNA, TEXAS
NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF LIBERTY HILLS
PUBLIC IMPROVEMENT DISTRICT NO. 1
Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended
(the “Act”), notice is hereby given that the City Council of the City of Anna, Texas (“City”), will
hold a public hearing to accept public comments and discuss the petition (the “Petition”), filed by
LH Residential Development, LLC, SH Dev Liberty Hills Anna, LLC, and PH Land Holdings,
LLC, each a Texas limited liability company (collectively, the “Petitioners”), requesting that the
City create the Liberty Hills Public Improvement District No. 1 (the “District”) to include property
owned by the Petitioners and further described herein (the “Property”).
Time and Place of the Hearing. The public hearing will start at 6:00 p.m. on February 24, 2026
at the Anna Municipal Complex, Council Chambers, 120 W. 7th Street, Anna, Texas 75409.
General Nature of the Proposed Authorized Improvements. The proposed public
improvements may include: (i) street and roadway improvements, including related sidewalks,
drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and
right-of-way; (ii) establishment or improvement of parks and open space, together with the design,
construction of any ancillary structures, features or amenities such as trails, playgrounds,
walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping,
including entry monuments and features, fountains, lighting and signage; (iv) acquisition,
construction, and improvement of water, wastewater and drainage improvements and facilities and
facilities related thereto; (v) acquisition of real property, interests in real property, or contract rights
in connection with the Authorized Improvements (as defined below); (vi) payment of costs,
including, without limitation, design, engineering, permitting, legal, required payment,
performance and maintenance bonds, bidding, support, construction, construction management,
administrative and inspection costs, associated with developing and financing the public
improvements listed in (i) through (v) above; (vii) projects similar to those listed in subsections (i)
- (v) above or authorized by the Act, including similar off-site projects that provide a benefit to the
property within the District; (viii) any additional improvement projects authorized in the Act; (ix)
payment of costs associated with special supplemental services for improvement and promotion
of the District as approved by the City including services related to advertising, promotion, health
and sanitation, water and wastewater, public safety, security, business recruitment, development,
recreation, and cultural enhancement; and (x) payment of costs associated with developing and
financing the public improvements listed in (i) - (ix) above, as well as the interest, costs of issuance,
reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (ix)
above, and costs of establishing, administering and operating the District (collectively, the
“Authorized Improvements”). These Authorized Improvements shall promote the interests of the
City and confer a special benefit upon the Property.
Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and
construct the Authorized Improvements, together with bond issuance costs, eligible legal and
B-2
financial fees, eligible credit enhancement costs and eligible costs incurred in establishment,
administration and operation of the District is approximately $44,000,000.
Proposed District Boundaries. The District is proposed to include approximately 139.983 acres
of land to be included within the city limits of the City and as more particularly described by a
metes and bounds description available for public inspection at the office of the City Secretary,
120 W. 7th Street, Anna, Texas 75409.
Proposed Method of Assessment. The City shall levy assessments on each parcel within the
District in a manner that results in imposing equal shares of the costs on property similarly
benefited. All assessments may be paid in full at any time (including interest and principal), and
certain assessments may be paid in annual installments (including interest and principal). If an
assessment is allowed to be paid in installments, then the installments must be paid in amounts
necessary to meet annual costs for those Authorized Improvements financed by the assessment,
and must continue for a period necessary to retire the indebtedness of those Authorized
Improvements (including interest).
Proposed Apportionment of Cost between the District and the City. The City will not be
obligated to provide any funds to finance the Authorized Improvements, except for assessments
levied on real property within the District. No municipal property in the District shall be assessed.
All of the costs of the Authorized Improvements will be paid from assessments and from other
sources of funds, if any, available to the Petitioner.
During the public hearing, any interested person may speak for or against the establishment of the
District and the advisability of the improvements to be made for the benefit of the property within
the District.
Item No. 6.i.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Joseph Cotton
AGENDA ITEM:
Take action to adopt a Resolution of the City of Anna, Texas determining the costs of
certain Authorized Improvements to be financed by the Sherley Farms Public
Improvement District for Improvement Area #1 thereof; Approving a Preliminary Service
Plan and Assessment Plan, Including the proposed Assessment Roll for Improvement
Area #1; Calling a Regular Meeting and Noticing a Public Hearing for February 24,
2026, to Consider an Ordinance Levying Assessments on property located within
Improvement Area #1 of said District; Directing the Filing of the proposed Assessment
Roll with the City Secretary to make available for public inspection; Directing City Staff
to publish and mail notice of said Public Hearing; and Resolving other matters incident
and related thereto. (Director of Public Works Joseph Cotton)
SUMMARY:
Take action to adopt a Resolution of the City of Anna, Texas determining the costs of
certain Authorized Improvements to be financed by the Sherley Farms Public
Improvement District for Improvement Area #1 thereof; Approving a Preliminary Service
Plan and Assessment Plan, Including the proposed Assessment Roll for Improvement
Area #1; Calling a Regular Meeting and Noticing a Public Hearing for February 24,
2026, to Consider an Ordinance Levying Assessments on property located within
Improvement Area #1 of said District; Directing the Filing of the proposed Assessment
Roll with the City Secretary to make available for public inspection; Directing City Staff
to publish and mail notice of said Public Hearing; and Resolving other matters incident
and related thereto. (Director of Public Works Joseph Cotton)
FINANCIAL IMPACT:
BACKGROUND:
Take action to adopt a Resolution of the City of Anna, Texas determining the costs of
certain Authorized Improvements to be financed by the Sherley Farms Public
Improvement District for Improvement Area #1 thereof; Approving a Preliminary Service
Plan and Assessment Plan, Including the proposed Assessment Roll for Improvement
Area #1; Calling a Regular Meeting and Noticing a Public Hearing for February 24,
2026, to Consider an Ordinance Levying Assessments on property located within
Improvement Area #1 of said District; Directing the Filing of the proposed Assessment
Roll with the City Secretary to make available for public inspection; Directing City Staff
to publish and mail notice of said Public Hearing; and Resolving other matters incident
and related thereto. (Director of Public Works Joseph Cotton)
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Resolution Determining Costs - Sherley Farms PID v5
2. 2026-01-26_ANN_Sherley Farms _PSAP_vFinal
3. Sherley Farms Phase 1 PID OPC_Sealed
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COLLIN COUNTY
CITY OF ANNA
We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as
follows:
1. The City Council (the "Council") of the City convened in a regular meeting on
February 6, 2026, at the regular designated meeting place, and the roll was called of the duly
constituted officers and members of the Council, to wit:
Pete Cain, Mayor Kelly Patterson-Herndon, Council Member
Kevin Toten, Mayor Pro Tem Elden Baker, Council Member
Stan Carver II, Deputy Mayor Pro-Tem Manny Singh, Council Member
Nathan Bryan, Council Member
Marc Marchand, Acting City Manager
Carrie Land, City Secretary
and all of said persons were present, except ________________________________________,
thus constituting a quorum. Whereupon, among other business the following was transacted at
said meeting: a written
A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING THE
COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE
FINANCED BY THE SHERLEY FARMS PUBLIC IMPROVEMENT
DISTRICT FOR IMPROVEMENT AREA #1 THEREOF; APPROVING A
PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN,
INCLUDING THE PROPOSED ASSESSMENT ROLL FOR
IMPROVEMENT AREA #1; CALLING A REGULAR MEETING AND
NOTICING A PUBLIC HEARING FOR FEBRUARY 24, 2026 TO
CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY
LOCATED WITHIN IMPROVEMENT AREA #1 OF SAID DISTRICT;
DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLL
WITH THE CITY SECRETARY TO MAKE AVAILABLE FOR PUBLIC
INSPECTION; DIRECTING CITY STAFF TO PUBLISH AND MAIL
NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED THERETO
was duly introduced for the consideration of the Council. It was then duly moved and seconded
that said Resolution be passed; and, after due discussion, said motion, carrying with it the
passage of said Resolution, prevailed and carried, with all members of the Council shown present
above voting "Aye," except as noted below:
NAYS: ABSTENTIONS:
2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; said
Resolution has been duly recorded in the Council's minutes of said meeting; the above and
foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said
meeting pertaining to the passage of said Resolution; the persons named in the above and
foregoing paragraph are the duly chosen, qualified, and acting officers and members of the
Council as indicated therein; that each of the officers and members of the Council was duly and
sufficiently notified officially and personally, in advance, of the time, place, and purpose of the
aforesaid meeting, and that said Resolution would be introduced and considered for passage at
said meeting, and each of said officers and members consented, in advance, to the holding of
said meeting for such purpose; and that said meeting was open to the public, and public notice of
the time, place, and purpose of said meeting was given all as required by the Texas Government
Code, Chapter 551.
3. The Council has approved and hereby approves the Resolution; and the Mayor (or
Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall
constitute the signing of the attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED ON FEBRUARY 6, 2026.
ATTEST: ___________________________________
Pete Cain, Mayor
___________________________________
Carrie L. Land, City Secretary
(SEAL)
CITY OF ANNA, TEXAS
RESOLUTION NO. 2026-02-_____
A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING
THE COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE
FINANCED BY THE SHERLEY FARMS PUBLIC IMPROVEMENT
DISTRICT FOR IMPROVEMENT AREA #1 THEREOF; APPROVING A
PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN,
INCLUDING THE PROPOSED ASSESSMENT ROLL FOR
IMPROVEMENT AREA #1; CALLING A REGULAR MEETING AND
NOTICING A PUBLIC HEARING FOR FEBRUARY 24, 2026 TO
CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON
PROPERTY LOCATED WITHIN IMPROVEMENT AREA #1 OF SAID
DISTRICT; DIRECTING THE FILING OF THE PROPOSED
ASSESSMENT ROLL WITH THE CITY SECRETARY TO MAKE
AVAILABLE FOR PUBLIC INSPECTION; DIRECTING CITY STAFF
TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED
THERETO
RECITALS
WHEREAS, the Public Improvement District Assessment Act, Texas Local Government
Code, Chapter 372, as amended (the "Act") authorizes the governing body (the “City Council”)
of the City of Anna, Texas (the “City”) to create a public improvement district within the City;
and
WHEREAS, on March 25, 2025, the City Council conducted a public hearing to
consider a petition received by the City on January 15, 2025 titled “Petition to Establish Sherley
Farms Public Improvement District” requesting the creation of a public improvement district
within the City; and
WHEREAS, on March 25, 2025, the City Council approved Resolution No. 2025-03-
1753 (the “Authorization Resolution”), authorizing, establishing and creating Sherley Farms
Public Improvement District (the "District"), which Authorization Resolution was recorded in
the real property records of Collin County, Texas as Document No. 2025000037469; and
WHEREAS, the City authorized the creation of the District and funding up to
$300,000,000.00 in costs for the District to finance certain public improvements authorized by
the Act for the benefit of the property within the District (the "Authorized Improvements"); and
WHEREAS, the City Council and the City staff have been presented a "Sherley Farms
Public Improvement District Preliminary Service and Assessment Plan", including the proposed
Improvement Area #1 Assessment Roll attached thereto (the "Proposed Assessment Roll")
(collectively, the "Preliminary SAP"), a copy of which is attached hereto as Exhibit A and is
incorporated herein for all purposes; and
WHEREAS, the Preliminary SAP sets forth the estimated total costs of certain
Authorized Improvements to be financed by the District for the initial phase of development and
the Proposed Assessment Roll states the assessments proposed to be levied against each parcel of
assessable property in Improvement Area #1 of the District as determined by the method of
assessment chosen by the City; and
WHEREAS, the Act requires that the Proposed Assessment Roll be filed with the City
Secretary of the City (the “City Secretary”) and be subject to public inspection; and
WHEREAS, the Act requires that a public hearing (the “Assessment Hearing”) be called
to consider proposed assessments and requires the City Council to hear and pass on any
objections to the proposed assessments at, or on the adjournment of, the Assessment Hearing;
and
WHEREAS, the Act requires that notice of the Assessment Hearing be mailed to
property owners liable for assessment and published in a newspaper of general circulation in the
City and in the part of the extraterritorial jurisdiction in which the district is to be located or in
which the improvements are to be undertaken before the tenth (10th) day before the date of the
Assessment Hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS AS FOLLOWS:
SECTION 1. THAT the recitals set forth above in this Resolution are true and correct
and are hereby adopted as findings of the City Council and are incorporated into the body of this
Resolution as if fully set forth herein.
SECTION 2. THAT the City Council does hereby accept the Preliminary SAP for the
District, including the Proposed Assessment Roll, a copy of which is attached hereto as
Exhibit A and is incorporated herein for all purposes. All capitalized terms not otherwise
defined herein shall have the meanings given to such terms in the Preliminary SAP.
SECTION 3. THAT the City Council hereby determines that the total costs of the
Improvement Area #1 Projects (as defined in the Preliminary SAP) to be financed by the District
are as set forth in Exhibit B of the Preliminary SAP, which costs include the payment of
expenses incurred in the administration of the District or related to the issuance of any bonds.
SECTION 4. THAT the City Council’s final determination and approval of the costs of
the Improvement Area #1 Authorized Improvements, or any portion thereof, shall be subject to
and contingent upon City Council approval of a final Service and Assessment Plan which will
include the final Improvement Area #1 Assessment Roll, after the properly noticed and held
Assessment Hearing.
SECTION 5. THAT the Proposed Assessment Roll states the assessment proposed to be
levied against each parcel of assessable property in Improvement Area #1 of the District as
determined by the method of assessment chosen by the City in the Authorization Resolution and
as more fully described in the Preliminary SAP.
SECTION 6. THAT the City Council expressly defers the levy of assessments against
property within future phases of the District for phase-specific improvements that will benefit
only the property within each subsequent phase until such time as the costs of such phase-
specific improvements can be determined with certainty as referenced in the Preliminary SAP.
SECTION 7. THAT the City Council hereby authorizes and directs the filing of the
Proposed Assessment Roll with the City Secretary and the same shall be available for public
inspection.
SECTION 8. THAT the City Council hereby authorizes, and calls, a meeting and a
public hearing (the Assessment Hearing as defined above) to be held on February 24, 2026 at
6:00 p.m. at the City of Anna Municipal Complex, Council Chambers, 120 W. 7th Street, Anna,
Texas 75409, or such other location as designated by the City and noticed pursuant to the Act, at
which the City Council shall, among other actions, hear and pass on any objections to the
Proposed Assessment Roll; and, upon the adjournment of the Assessment Hearing, the City
Council will consider an ordinance levying the assessments as special assessments on property
within Improvement Area #1 of the District (which ordinance shall specify the method of
payment of the assessments).
SECTION 9. THAT the City Council hereby authorizes and directs the City Secretary to
publish notice of the Assessment Hearing to be held on February 24, 2026, in substantially the
form attached hereto as Exhibit B and incorporated herein for all purposes; provided however,
that the location is subject to change as designated by the City, in a newspaper of general
circulation in the City, on or before Friday, February 13, 2026, which is before the tenth (10th)
day before the date of the Assessment Hearing, as required by Section 372.016(b) of the Act.
SECTION 10. THAT when the Proposed Assessment Roll is filed with the City
Secretary, the City Council hereby authorizes and directs the City Secretary to mail to owners of
property liable for assessment notice of the Assessment Hearing to be held on February 24,
2026, on or before Friday, February 13, 2026, as required by Section 372.016(c) of the Act.
SECTION 11. THAT City staff is authorized and directed to take such other actions as
are required (including, but not limited to, notice of the public hearing as required by the Texas
Open Meetings Act) to place the public hearing on the agenda for the February 24, 2026 meeting
of the City Council.
SECTION 12. THAT this Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED on this the 6th day of February, 2026.
ATTEST:
_____________________________
Pete Cain, Mayor
____________________________
Carrie L. Land, City Secretary
EXHIBIT A
PRELIMINARY SERVICE AND ASSESSMENT PLAN
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 0
Sherley Farms
Public Improvement District
PRELIMINARY SERVICE AND ASSESSMENT PLAN
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 1
TABLE OF CONTENTS
Table of Contents ............................................................................................................................ 1
Introduction .................................................................................................................................... 3
Section I: Definitions ....................................................................................................................... 4
Section II: The District ................................................................................................................... 11
Section III: Authorized Improvements .......................................................................................... 11
Section IV: Service Plan ................................................................................................................. 13
Section V: Assessment Plan .......................................................................................................... 13
Section VI: Terms of the Assessments .......................................................................................... 17
Section VII: Assessment Roll ......................................................................................................... 23
Section VIII: Additional Provisions ................................................................................................ 24
Exhibits .......................................................................................................................................... 26
Appendices .................................................................................................................................... 27
Exhibit A-1 – Map of the District ................................................................................................... 28
Exhibit A-2 – Map of Improvement Area #1 ................................................................................. 29
Exhibit A-3 - Improvement Area #1 Lot Type Classification Map ................................................. 30
Exhibit B – Project Costs ............................................................................................................... 31
Exhibit C – Service Plan ................................................................................................................. 32
Exhibit D – Sources and Uses of Funds ......................................................................................... 33
Exhibit E – Maximum Assessment and Tax Rate Equivalant ........................................................ 34
Exhibit F-1 – Improvement Area #1 Assessment Roll ................................................................... 35
Exhibit F-2 – Improvement Area #1 Annual Installments ............................................................. 36
Exhibit G-1 – Maps of Major Improvements ................................................................................ 37
Exhibit G-2 – Maps of Improvement Area #1 Improvements ...................................................... 39
Exhibit H – TIRZ No. 9 Annual Credit Amount by Lot Type ........................................................... 43
Exhibit I – Form of Notice of Assessment Termination ................................................................ 44
Exhibit J – Debt Service Schedule for Improvement Area #1 Bonds ............................................ 47
Exhibit K-1 – District Legal Description ......................................................................................... 48
Exhibit K-2 – Improvement Area #1 Legal Description ................................................................. 53
Appendix A – Engineer’s Report ................................................................................................... 57
Appendix B – Buyer Disclosures .................................................................................................... 74
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 2
Sherley Farms Public Improvement District - Improvement Area #1 Initial Parcel Buyer
Disclosure ...................................................................................................................................... 75
Sherley Farms Public Improvement District - Improvement Area #1 Lot Type 1 Buyer Disclosure
....................................................................................................................................................... 81
Sherley Farms Public Improvement District - Improvement Area #1 Lot Type 2 Buyer Disclosure
....................................................................................................................................................... 87
Sherley Farms Public Improvement District Improvement Area #1 Lot Type 3 Buyer Disclosure 93
Sherley Farms Public Improvement District - Improvement Area #1 Lot Type 4 Buyer Disclosure
....................................................................................................................................................... 99
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 3
INTRODUCTION
Capitalized terms used in this Service and Assessment Plan shall have the meanings given to them
in Section I unless otherwise defined in this Service and Assessment Plan or unless the context in
which a term is used clearly requires a different meaning. Unless otherwise defined, a reference
to a “Section,” an “Exhibit,” or an “Appendix” shall be a reference to a Section of this Service and
Assessment Plan or an Exhibit or Appendix attached to and made a part of this Service and
Assessment Plan for all purposes.
On March 25, 2025, the City Council passed and approved Resolution No. 2025-03-1753
authorizing the establishment of the District in accordance with the PID Act, which authorization
was effective upon approval in accordance with the PID Act. The purpose of the District is to
finance the Actual Costs of Authorized Improvements that confer a special benefit on
approximately 1,123.592 acres located within the corporate limits of the City, as described by the
legal description on Exhibit K-1 and depicted on Exhibit A-1.
The PID Act requires a service plan must (i) cover a period of at least five years; (ii) define the
annual indebtedness and projected cost of the Authorized Improvements; and (iii) include a copy
of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service
Plan is contained in Section IV and the notice form is attached as Appendix B.
The PID Act requires that the Service Plan include an Assessment Plan that assesses the Actual
Costs of the Authorized Improvements against the Assessed Property within the District based
on the special benefits conferred on such property by the Authorized Improvements. The
Assessment Plan is contained in Section V.
The PID Act requires an Assessment Roll that states the Assessment against each Parcel
determined by the method chosen by the City Council. The Assessment against each Parcel of
Assessed Property must be sufficient to pay the share of the Actual Costs of the Authorized
Improvements apportioned to such Parcel and cannot exceed the special benefit conferred on
the Parcel by such Authorized Improvements. The Improvement Area #1 Assessment Roll is
included as Exhibit F-1.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 4
SECTION I: DEFINITIONS
“2026 Assessment Ordinance” means an Assessment Ordinance approved and adopted by the
City Council on February 24, 2026, which levied the Improvement Area #1 Assessment against
Improvement Area #1 Assessed Property, and approved this Service and Assessment Plan.
“Actual Costs” mean, with respect to Authorized Improvements, the actual costs paid or incurred
by or on behalf of the Developer, (either directly or through affiliates), including: (1) the costs for
the design, planning, financing, administration/management, acquisition, installation,
construction and/or implementation of such Authorized Improvements; (2) the fees paid for
obtaining permits, licenses, or other governmental approvals for such Authorized Improvements;
(3) the costs for external professional services, such as engineering, geotechnical, surveying, land
planning, architectural landscapers, appraisals, legal, accounting, and similar professional
services; (4) the costs for all labor, bonds, and materials, including equipment and fixtures, owing
to contractors, builders, and materialmen engaged in connection with the acquisition,
construction, or implementation of the Authorized Improvements; (5) all related permitting and
public approval expenses, and architectural, engineering, consulting, and other governmental
fees and charges; and (6) costs to implement, administer, and manage the above-described
activities including, but not limited to, a construction management fee equal to four percent (4%)
of construction costs if managed by or on behalf of the Developer.
“Additional Interest” means the amount collected by the application of the Additional Interest
Rate.
“Additional Interest Rate” means the up to 0.50% additional interest rate that may be charged
on Assessments securing PID Bonds pursuant to Section 372.018 of the PID Act
“Administrator” means the City or independent firm designated by the City who shall have the
responsibilities provided in this Service and Assessment Plan, any Indenture, or any other
agreement or document approved by the City related to the duties and responsibilities of the
administration of the District. The initial Administrator is P3Works, LLC.
“Annual Collection Costs” mean the actual or budgeted costs and expenses related to the
operation of the District, including, but not limited to, costs and expenses for: (1) the
Administrator; (2) City staff; (3) legal counsel, engineers, accountants, financial advisors, and
other consultants engaged by the City; (4) calculating, collecting, and maintaining records with
respect to Assessments and Annual Installments; (5) preparing and maintaining records with
respect to Assessment Rolls and Annual Service Plan Updates; (6) paying and redeeming PID
Bonds; (7) investing or depositing Assessments and Annual Installments; (8) complying with this
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 5
Service and Assessment Plan, the PID Act, and any Indenture, with respect to the PID Bonds,
including the City’s continuing disclosure requirements; and (9) the paying agent/registrar and
Trustee in connection with PID Bonds, including their respective legal counsel. Annual Collection
Costs collected but not expended in any year shall be carried forward and applied to reduce
Annual Collection Costs for subsequent years.
“Annual Installment” means the annual installment payment of an Assessment as calculated by
the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3)
Annual Collection Costs; and (4) Additional Interest related to the PID Bonds, if applicable.
“Annual Service Plan Update” means an update to this Service and Assessment Plan prepared
no less frequently than annually by the Administrator and approved by the City Council.
“Assessed Property” means any Parcel within the District against which an Assessment is levied.
“Assessment” means an assessment levied against Assessed Property to pay the costs of certain
Authorized Improvements as specified herein, which Assessment is imposed pursuant to an
Assessment Ordinance and the provisions herein, as shown on an Assessment Roll, subject to
reallocation upon the subdivision of such Assessed Property or reduction according to the
provisions herein and in the PID Act.
“Assessment Ordinance” means an ordinance adopted by the City Council in accordance with
the PID Act that levies an Assessment on the Assessed Property, as shown on any Assessment
Roll.
“Assessment Plan” means the methodology employed to assess the Actual Costs of the
Authorized Improvements against the Assessed Property based on the special benefits conferred
on such property by the Authorized Improvements, more specifically set forth and described in
Section V.
“Assessment Roll” means any assessment roll for the Assessed Property, including the
Improvement Area #1 Assessment Roll, as updated, modified or amended from time to time in
accordance with the procedures set forth herein and in the PID Act, including in any Annual
Service Plan Updates. The Assessment Roll is included in this Service and Assessment Plan as
Exhibit F-1.
“Authorized Improvements” means the improvements authorized by Section 372.003 of the PID
Act, as further depicted on Exhibit G-1 and Exhibit G-2.
“Bond Issuance Costs” means the costs associated with issuing PID Bonds, including, but not
limited to, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs,
publication costs, capitalized interest, reserve fund requirements, underwriter’s discount, fees
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 6
charged by the Texas Attorney General, and any other cost or expense incurred by the City
directly associated with the issuance of any series of PID Bonds.
“City” means the City of Anna, Texas.
“City Council” means the governing body of the City.
“County” means Collin County, Texas.
“Delinquent Collection Costs” mean costs related to the foreclosure on Assessed Property and
the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other
delinquent amounts due under this Service and Assessment Plan, including penalties and
reasonable attorney’s fees actually paid, but excluding amounts representing interest and
penalty interest.
“Developer” means Tellus Texas III, LLC and Sherley Partners, LTD. and any successors or assigns
that intend to develop property in the District for the ultimate purpose of transferring title to end
users.
“District” means the Sherley Farms Public Improvement District containing approximately
1,123.592 acres located within corporate limits of the City, and more specifically described in
Exhibit K-1 and depicted on Exhibit A-1.
“District Formation Costs” means the costs associated with forming the District, including, but
not limited to, attorney fees, and any other cost or expense incurred by the City directly
associated with the establishment of the District.
“Engineer’s Report” means the report provided by a licensed professional engineer that
describes the Authorized Improvements, including their costs, location, and benefit, and is
attached hereto as Appendix A.
“Estimated Buildout Value” means the estimated value of an Assessed Property with fully
constructed buildings, as provided by the Developer and confirmed by the City Council, by
considering such factors as density, lot size, proximity to amenities, view premiums, location,
market conditions, historical sales, builder contracts, discussions with homebuilders, reports
from third party consultants, or any other factors that, in the judgment of the City, may impact
value. The Estimated Buildout Value for each Lot Type is shown on Exhibit E.
“Improvement Area #1” means approximately 135.00 acres located within the District, more
specifically described in Exhibit K-2 and depicted on Exhibit A-2.
“Improvement Area #1 Annual Installment” means the Annual Installment of the Improvement
Area #1 Assessment as calculated by the Administrator and approved by the City Council, that
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 7
includes: (1) principal; (2) interest; (3) Annual Collection Costs related to Improvement Area #1;
and (4) Additional Interest related to the Improvement Area #1 Bonds, as shown on Exhibit F-2,
which amount may be reduced by the TIRZ No. 9 Annual Credit Amount.
“Improvement Area #1 Assessed Property” means any Parcel within Improvement Area #1
against which an Improvement Area #1 Assessment is levied.
“Improvement Area #1 Assessment” means an Assessment to be levied against Improvement
Area #1 Assessed Property to pay for a portion of the Improvement Area #1 Authorized
Improvements, and imposed pursuant to the 2026 Assessment Ordinance and the provisions
herein, as shown on the Improvement Area #1 Assessment Roll, subject to reallocation or
reduction pursuant to the provisions set forth in Section VI herein and in the PID Act.
“Improvement Area #1 Assessment Roll” means the Assessment Roll for the Improvement Area
#1 Assessed Property, as updated, modified, or amended from time to time in accordance with
the procedures set forth herein and in the PID Act, including any updates prepared in connection
with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #1
Assessment Roll is included in this Service and Assessment Plan as Exhibit F-1.
“Improvement Area #1 Authorized Improvements” means collectively, (1) the Improvement
Area #1 Improvements; (2) the first year’s Annual Collection Costs related to the Improvement
Area #1 Bonds; and (3) Bond Issuance Costs incurred in connection with the issuance of
Improvement Area #1 Bonds.
“Improvement Area #1 Bonds” means those certain “City of Anna, Texas, Special Assessment
Revenue Bonds, Series 2026 (Sherley Farms Public Improvement District Improvement Area #1
Project)” that shall be secured primarily by Improvement Area #1 Assessments.
“Improvement Area #1 Improvements” means the Authorized Improvements which only benefit
the Improvement Area #1 Assessed Property, as further described in Section III and depicted on
Exhibit G-2.
“Improvement Area #1 Initial Parcel” means all of the Improvement Area #1 Assessed Property
against which the entire Improvement Area #1 Assessment is levied, as shown on the
Improvement Area #1 Assessment Roll as shown on Exhibit F-1.
“Improvement Area #1 Major Improvements” means the portion of the Major Improvements to
be completed concurrently with the completion of Lots in Improvement Area #1.
“Indenture” means an Indenture of Trust entered into between the City and the Trustee in
connection with the issuance of each series of PID Bonds, as amended from time to time, setting
forth the terms and conditions related to a series of PID Bonds.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 8
“Lot” means (1) for any portion of the District for which a final subdivision plat has been recorded
in the Plat or Official Public Records of the County, a tract of land described by “lot” in such
subdivision plat; and (2) for any portion of the District for which a subdivision plat has not been
recorded in the Plat or Official Public Records of the County, a tract of land anticipated to be
described as a “lot” in a final recorded subdivision plat as shown on a concept plan or a
preliminary plat. A “Lot” shall not include real property owned by a government entity, even if
such property is designated as a separate described tract or lot on a recorded subdivision plat.
“Lot Type” means a classification of final building Lots with similar characteristics (e.g. lot size,
home product, Estimated Buildout Value, etc.), as determined at the time of levying the
applicable Assessment and confirmed by the City Council. In the case of single-family residential
Lots, the Lot Type shall be further defined by classifying the residential Lots by the Estimated
Buildout Value of the Lot as provided by the Developer, and confirmed by the City Council, as
shown on Exhibit E.
“Lot Type 1” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 45’
lot. The buyer disclosure for Lot Type 1 is attached as Appendix B.
“Lot Type 2” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 50’
lot. The buyer disclosure for Lot Type 2 is attached as Appendix B.
“Lot Type 3” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 60’
lot. The buyer disclosure for Lot Type 3 is attached as Appendix B.
“Lot Type 4” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 70’
lot. The buyer disclosure for Lot Type 4 is attached as Appendix B.
“Major Improvements” means those Authorized Improvements that confer a special benefit to
all of the Assessed Property and Remainder Area within the District, as depicted on Exhibit G-1.
“Maximum Assessment” means, for each Lot, an Assessment equal to the lesser of (1) the
amount calculated pursuant to Section VI.A, or (2) for each Lot Type, the amount shown on
Exhibit E.
“Non-Assessed Property” means Parcels within the boundaries of the District that accrue special
benefit from the Authorized Improvements as determined by the City Council but are not
assessed.
“Notice of Assessment Termination” means a document that shall be recorded in the Official
Public Records of the County evidencing the termination of an Assessment, a form of which is
attached as Exhibit I.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 9
“Parcel” or “Parcels” means a specific property within the District identified by either a tax parcel
identification number assigned by the Collin Central Appraisal District for real property tax
purposes, by legal description, or by lot and block number in a final subdivision plat recorded in
the Official Public Records of the County, or by any other means determined by the City.
“PID Act” means Chapter 372, Texas Local Government Code, as amended.
“PID Bonds” means any bonds issued by the City in one or more series and secured in whole or
in part by Assessments.
“Prepayment” means the payment of all or a portion of an Assessment before the due date of
the final Annual Installment thereof. Amounts received at the time of a Prepayment which
represent a payment of principal, interest, or penalties on a delinquent installment of an
Assessment are not to be considered a Prepayment, but rather are to be treated as the payment
of the regularly scheduled Annual Installment.
“Prepayment Costs” means interest, including Additional Interest and Annual Collection Costs,
to the date of Prepayment.
“Private Improvements” means those certain improvements benefitting the District,
constructed and paid for by the Developer and not reimbursable from Assessments or PID Bonds,
as further described on Exhibit B.
“Remainder Area” means approximately 988.592 acres located within the District and entirely
outside of Improvement Area #1, to be developed as one or more future improvement areas.
“Service and Assessment Plan” means this Sherley Farms Public Improvement District Service
and Assessment Plan as updated, amended, or supplemented from time to time.
“Service Plan” means the plan described in Section IV which covers a period of at least five years
and defines the annual indebtedness and projected costs of the Authorized Improvements.
"TIRZ No. 9” means Reinvestment Zone Number Nine, City of Anna, Texas.
"TIRZ No. 9 Agreement" means that future TIRZ reimbursement agreement to be entered into
by the Developer and the City.
"TIRZ No. 9 Annual Credit Amount" means, for each lot type, the amount calculated pursuant to
Section V.F, which amount shall not annually exceed the TIRZ No. 9 Maximum Annual Credit
Amount, and which shall be transferred from the TIRZ No. 9 Fund to the applicable pledged
revenue fund pursuant to the TIRZ No. 9 Agreement and used to pay a portion of principal and
interest related to the PID Bonds, but which shall not be pledged to secure the PID Bonds.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 10
"TIRZ No. 9 Plan" means the Reinvestment Zone Number Nine, City of Anna, Texas Final Project
and Financing Plan, to be approved by City Council prior to the issuance of PID Bonds.
"TIRZ No. 9 Fund" means the tax increment fund created pursuant to the TIRZ No. 9 Ordinance
where TIRZ No. 9 Revenues are deposited annually.
“TIRZ No. 9 Maximum Annual Credit Amount” means for each Lot Type, the amount of TIRZ No.
9 Revenues that results in an equivalent tax rate equal to $1.35 per $100 of assessed value for
such Lot Type taking into consideration the equivalent tax rate of the applicable Annual
Installment, based on Estimated Buildout Value of such Lot Type at the time the City Council
approves the applicable Assessment Ordinance levying the applicable Assessment, as further
described in Section V.F and shown on Exhibit H. The Estimated Buildout Values for each Lot
Type are shown on Exhibit E.
"TIRZ No. 9 Ordinance" means Ordinance No. __________ adopted by the City Council on
February 24, 2025, approving the TIRZ No. 9 Plan and authorizing the use of TIRZ No. 9 Revenues
for project costs under the Chapter 311, Texas Tax Code as amended, and related to certain public
improvements as provided for in the TIRZ No. 9 Plan.
"TIRZ No. 9 Revenues" mean, for each year, the amounts which are deposited in the TIRZ No. 9
Fund pursuant to the TIRZ No. 9 Ordinance, the TIRZ No. 9 Plan, and the TIRZ No. 9 Agreement.
“Trustee” means the trustee or successor trustee under an Indenture.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 11
SECTION II: THE DISTRICT
The District includes approximately 1,123.592 contiguous acres located within the corporate
limits of the City, the boundaries of which are more particularly described on Exhibit K-1 and
depicted on Exhibit A-1. Development of the District is anticipated to include approximately (i)
2,578 residential units (including 120 townhomes) to be developed by Tellus Texas III, LLC and 7
single-family units, 55 cottage homes, 400 multifamily units, and 260,000 square feet of
commercial space to be developed by Sherley Partners, Ltd..
Improvement Area #1 includes approximately 135 contiguous acres located within the corporate
limits of the City, the boundaries of which are more particularly described on Exhibit K-2 and
depicted on Exhibit A-2. Development of Improvement Area #1 is anticipated to include
approximately 418 Lots developed with single-family homes (76 single-family homes that are on
Lots classified as Lot Type 1, 166 single-family homes that are on Lots classified as Lot Type 2, 143
single-family homes that are on Lots classified as Lot Type 3, and 33 single-family homes that are
on Lots classified as Lot Type 4.)
SECTION III: AUTHORIZED IMPROVEMENTS
Based on information provided by the Developer and their engineers and reviewed by the City
staff and by third-party consultants retained by the City, the City has determined that the
Authorized Improvements confer a special benefit on the Assessed Property. Authorized
Improvements will be designed and constructed in accordance with the City’s standards and
specifications and will be owned and operated by the City. The budget for the Authorized
Improvements is shown on Exhibit B.
A. Improvement Area #1 Improvements
Streets
Improvements including subgrade stabilization, concrete and reinforcing steel for
roadways, asphalt pavement for roadways, turn lanes, pavers, stamping and staining of
concrete, sidewalks, testing, handicap ramps, and streetlights. All related earthwork,
excavation, erosion control, intersections, signage, traffic control, maintenance bonds,
lighting and re-vegetation/landscaping of all disturbed areas are included. The street
improvements will provide benefit to each Lot within Improvement Area #1.
Water
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 12
Improvements including trench excavation and embedment, trench safety, PVC piping,
valves, fire hydrants, service connections, meter boxes, testing, related earthwork,
excavation, erosion control and all necessary appurtenances required to provide water
service to all Lots within Improvement Area #1.
Sewer
Improvements including trench excavation and embedment, trench safety, PVC piping,
encasement pipe, boring, manholes, service connections, testing, related earthwork,
excavation, erosion control and all necessary appurtenances required to provide
wastewater service to all Lots within Improvement Area #1.
Storm Drainage
Improvements including earthen channels, swales, ponds curb and inlets, RCP piping and
boxes, headwalls, concrete flumes, manholes, junction boxes, rock rip rap, concrete
outfalls, and testing as well as all related earthwork, excavation, erosion control and all
necessary appurtenances required to provide storm drainage for all Lots within
Improvement Area #1.
Right of Way
Includes right-of-way required to provide street improvements for all Lots within
Improvement Area #1.
Soft Costs
Costs related to designing, constructing, and installing the Improvement Area #1
Improvements including land planning and design, City fees, engineering, landscape
design, soil testing, environmental testing, survey, construction management,
contingency, legal fees, and consultant fees.
B. Bond Issuance Costs
Debt Service Reserve Fund
Equals the amount to be deposited in a debt service reserve fund under an applicable
Indenture in connection with the issuance of PID Bonds.
Capitalized Interest
Equals the amount required to be deposited for the purpose of paying capitalized interest
on a series of PID Bonds under an applicable Indenture in connection with the issuance of
such PID Bonds.
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 13
Underwriter’s Discount
Equals a percentage of the par amount of a particular series of PID Bonds related to the
costs of underwriting such PID Bonds, including the fee of counsel to the Underwriter.
Cost of Issuance
Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer
fees, attorney’s fees, financial advisory fees, consultant fees, appraisal fees, printing
costs, publication costs, City’s costs, fees charged by the Texas Attorney General, and any
other cost or expense directly associated with the issuance of PID Bonds.
C. Other Costs
Deposit to Administrative Fund
Equals the amount necessary to fund the first year’s Annual Collection Costs for a
particular series of PID Bonds.
SECTION IV: SERVICE PLAN
The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is
required to define the annual projected costs and indebtedness for the Authorized
Improvements undertaken within the District during the five-year period. The Service Plan is also
required to include a copy of the buyer disclosure notice form required by Section 5.014 of the
Texas Property Code, as amended. The Service Plan must be reviewed and updated in each
Annual Service Plan Update. Exhibit C summarizes the initial Service Plan for Improvement Area
#1. Per the PID Act and Section 5.014 of the Texas Property Code, as amended, this Service and
Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer
disclosure for the District. The buyer disclosures are attached hereto as Appendix B.
Exhibit D summarizes the sources and uses of funds required to construct the Authorized
Improvements and Private Improvements. The sources and uses of funds shown on Exhibit D
shall be updated in an Annual Service Plan Update
SECTION V: ASSESSMENT PLAN
The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the
Assessed Property based on the special benefit received from the Authorized Improvements. The
PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot;
(2) according to the value of property as determined by the City Council, with or without regard
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 14
to improvements constructed on the property; or (3) in any other manner approved by the City
Council that results in imposing equal shares of such costs on property similarly benefited. The
PID Act further provides that the City Council may establish by ordinance or order reasonable
classifications and formulas for the apportionment of the cost between the City and the area to
be assessed and the methods of assessing the special benefits for various classes of
improvements.
This section of this Service and Assessment Plan describes the special benefit received by each
Parcel within the District as a result of the Authorized Improvements and provides the basis and
justification for the determination that this special benefit equals or exceeds the amount of the
Assessments to be levied on the Assessed Property for such Authorized Improvements.
The determination by the City Council of the assessment methodologies set forth below is the
result of the discretionary exercise by the City Council of its legislative authority and
governmental powers and is conclusive and binding on the Owners, Developer, and all future
owners and developers of the Assessed Property.
A. Assessment Methodology
Acting in its legislative capacity and based on information provided by the Developer and its
engineers and reviewed by the City staff and by third-party consultants retained by the City, the
City Council has determined that the costs of the Authorized Improvements shall be allocated as
follows:
At the time of adoption of the 2026 Assessment Ordinance, the costs of the Improvement
Area #1 Major Improvements were determined to be funded from other sources such as
impact fees and private funding. The portion of Major Improvements to be constructed
in the future and benefiting the Remainder Area (or individual distinct portions thereof
to be developed) are expected to be funded from impacts fees and private funding but
may be assessed at a later date as provided in an amendment to this Service and
Assessment Plan.
By the adoption of the 2026 Assessment Ordinance, the costs of the reimbursable
Improvement Area #1 Authorized Improvements are allocated to each Parcel within
Improvement Area #1 based on the ratio of the Estimated Buildout Value of each Parcel
designated as Improvement Area #1 Assessed Property to the Estimated Buildout Value
of all Improvement Area #1 Assessed Property. Currently, the Improvement Area #1 Initial
Parcel is the only Parcel within Improvement Area #1, and as such, the Improvement Area
#1 Initial Parcel is allocated 100% of the Improvement Area #1 Authorized Improvements.
B. Assessments
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 15
By the adoption of the 2026 Assessment Ordinance, the Improvement Area #1 Assessment shall
be levied on the Improvement Area #1 Initial Parcel are in the amount shown on the
Improvement Area #1 Assessment Roll, attached hereto as Exhibit F-1. The projected
Improvement Area #1 Annual Installments are shown on Exhibit F-2. Upon division or subdivision
of the Improvement Area #1 Initial Parcel, the Improvement Area #1 Assessment will be
reallocated pursuant to Section VI.
The Maximum Assessment for each Lot Type is shown on Exhibit E. In no case will the Assessment
for Lots classified as Lot Type 1, Lot Type 2, Lot Type 3 or Lot Type 4, respectively, exceed the
corresponding Maximum Assessment for each Lot classification.
C. Findings of Special Benefit
Acting in its legislative capacity and based on information provided by the Developer and tis
Engineers and reviewed by the City staff and by third-party consultants retained by the City, the
City Council has found and determined the following:
Improvement Area #1
The costs of the Improvement Area #1 Authorized Improvements equal
$34,055,146 as shown on Exhibit B;
The Improvement Area #1 Assessed Property receives special benefit from the
Improvement Area #1 Authorized Improvements equal to or greater than the
Actual Cost of the Improvement Area #1 Authorized Improvements;
By the adoption of the 2026 Assessment Ordinance, the Improvement Area #1
Initial Parcel is allocated 100% of the Improvement Area #1 Assessment levied for
the Improvement Area #1 Authorized Improvements, which equals $33,950,000
as shown on the Improvement Area #1 Assessment Roll attached hereto as Exhibit
F-1;
The special benefit ($34,055,146) received by the Improvement Area #1 Initial
Parcel from the Improvement Area #1 Authorized Improvements is equal to or
greater than the amount of the Improvement Area #1 Assessment ($33,950,000)
levied on the Improvement Area #1 Initial Parcel for the Improvement Area #1
Authorized Improvements; and
At the time the City Council approved this Service and Assessment Plan, the
Developer owned 100% of the Improvement Area #1 Initial Parcel. The Developer
acknowledged that the Improvement Area #1 Authorized Improvements confer a
special benefit on the Improvement Area #1 Initial Parcel and consents to the
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 16
imposition of the Improvement Area #1 Assessment to pay for the Actual Costs
associated therewith. The Developer ratified, confirmed, accepted, agreed to, and
approved: (1) the determinations and findings by the City Council as to the special
benefits described herein and the 2026 Assessment Ordinance; (2) the Service and
Assessment Plan and the 2026 Assessment Ordinance; and (3) the levying of the
Improvement Area #1 Assessment on the Improvement Area #1 Initial Parcel.
D. Annual Collection Costs
The Annual Collection Costs shall be paid for annually by the owner of each Parcel pro rata based
on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total
outstanding Assessment. The Annual Collection Costs shall be collected as part of and in the same
manner as Annual Installments in the amounts shown on the Assessment Roll, which may be
revised based on Actual Costs incurred in Annual Service Plan Updates.
E. Additional Interest
The interest rate on Assessments securing each respective series of PID Bonds may exceed the
interest rate on each respective series of PID Bonds by the Additional Interest Rate. To the extent
required by any Indenture, Additional Interest shall be collected as part of each Annual
Installment and shall be deposited pursuant to the applicable Indenture.
F. TIRZ No. 9 Annual Credit Amount
The City Council, in accordance with the TIRZ No. 9 Agreement, has agreed to use a portion of
TIRZ No. 9 Revenues generated on a parcel-by-parcel basis from each Assessed Property to offset
a portion of the principal and interest of such property’s Assessment, as applicable.
1. The principal and interest portion of the Improvement Area #1 Annual Installment for an
Assessed Property shall receive a TIRZ No. 9 Annual Credit Amount equal to the TIRZ No. 9
Revenue generated by the Assessed Property for the previous Tax Year (e.g. TIRZ No. 9
Revenue collected from the Assessed Property for Tax Year 2026 shall be applied as the TIRZ
No. 9 Annual Credit Amount applicable to the Assessed Property’s Improvement Area #1
Annual Installment to be collected in Tax Year 2027), but in no event shall the TIRZ No. 9
Annual Credit Amount exceed the TIRZ No. 9 Maximum Annual Credit Amount shown in
Section V.F.2 as calculated on Exhibit H for each Assessed Property.
2. The TIRZ No. 9 Maximum Annual Credit Amount available to reduce the principal and interest
portion of the Improvement Area #1 Annual Installment for an Assessed Property is
calculated for each Lot Type, as shown on Exhibit H. The TIRZ No. 9 Maximum Annual Credit
Amount is calculated so that the average Improvement Area #1 Annual Installment minus the
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 17
TIRZ No. 9 Maximum Annual Credit Amount for each Lot Type does not produce an equivalent
tax rate for such Lot Type which exceeds the competitive, composite equivalent ad valorem
tax rate ($1.35 per $100 of assessed value) taking into consideration the equivalent tax rate
of the Improvement Area #1 Annual Installments based on Estimated Buildout Value at the
time the 2026 Assessment Ordinance is approved. The resulting maximum TIRZ No. 9 Annual
Credit Amount for each Lot Type is shown on Exhibit H.
3. After the TIRZ No. 9 Annual Credit Amount is applied to provide credit towards the principal
and interest portion of the Improvement Area #1 Annual Installment for the Assessed
Property, any excess TIRZ No. 9 Revenues available from the TIRZ No. 9 Fund shall be used in
accordance with the TIRZ No. 9 Plan and the TIRZ No. 9 Agreement.
SECTION VI: TERMS OF THE ASSESSMENTS
Any reallocation of Assessments as described in this Section VI shall be considered an
administrative action of the City and will not be subject to the notice or public hearing
requirements under the PID Act.
A. Reallocation of Assessment s
1. Upon Division Prior to Recording of Subdivision Plat
Upon the division of any Assessed Property (without the recording of a subdivision plat),
the Administrator shall reallocate the Assessment for the Assessed Property prior to the
division among the newly divided Assessed Properties according to the following formula:
A = B x (C ÷ D)
Where the terms have the following meanings:
A = the Assessment for the newly divided Assessed Property
B = the Assessment for the Assessed Property prior to division
C = the Estimated Buildout Value of the newly divided Assessed Property
D = the sum of the Estimated Buildout Value for all of the newly divided Assessed
Properties
The calculation of the Assessment of an Assessed Property shall be performed by the
Administrator and shall be based on the Estimated Buildout Value of that Assessed
Property, as provided by the Developer, relying on information from homebuilders,
market studies, appraisals, Official Public Records of the County, and any other relevant
information regarding the Assessed Property, and such calculation shall be approved by
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 18
the City Council in the immediately following Annual Service Plan Update. The calculation
as confirmed by the City Council shall be conclusive and binding. The Estimated Buildout
Values for Lot Type 1, Lot Type 2, Lot Type 3 and Lot Type 4 are shown on Exhibit E and
will not change in future Annual Service Plan Updates but Exhibit E may be updated in
future Annual Service Plan Updates to account for additional Lot Types.
The sum of the Assessments for all newly divided Assessed Properties shall equal the
Assessment for the Assessed Property prior to subdivision. The calculation shall be made
separately for each newly divided Assessed Property. The reallocation of an Assessment
for an Assessed Property that is a homestead under Texas law may not exceed the
Assessment prior to the reallocation. Any reallocation pursuant to this section shall be
reflected in the Annual Service Plan Update immediately following such reallocation.
2. Upon Subdivision by a Recorded Subdivision Plat
Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the
Administrator shall reallocate the Assessment for the Assessed Property prior to the
subdivision among the new subdivided Lots based on Estimated Buildout Value according
to the following formula:
A = [B x (C ÷ D)]/E
Where the terms have the following meanings:
A = the Assessment for the newly subdivided Lot
B = the Assessment for the Parcel prior to subdivision
C = the sum of the Estimated Buildout Value of all newly subdivided Lots with the
same Lot Type
D = the sum of the Estimated Buildout Value for all of the newly subdivided Lots
excluding Non-Benefitted Property
E= the number of newly subdivided Lots with the same Lot Type
Prior to the recording of a subdivision plat, the Developer shall provide the City an
Estimated Buildout Value as of the date of the recorded subdivision plat for each Lot
created by the recorded subdivision plat. The calculation of the Assessment for a Lot shall
be performed by the Administrator based on Estimated Buildout Value information
provided by the Developer, homebuilders, third party consultants, and/or the Official
Public Records of the County regarding the Lot, and such calculation shall be approved by
the City Council in the immediately following Annual Service Plan Update. The calculation
as confirmed by the City Council shall be conclusive and binding. The Estimated Buildout
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 19
Values for Lot Type 1, Lot Type 2, Lot Type 3, and Lot Type 4 are shown on Exhibit E and
will not change in future Annual Service Plan Updates.
The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment
for the portion of the Assessed Property subdivided prior to subdivision. The calculation
shall be made separately for each newly subdivided Assessed Property. The reallocation
of an Assessment for an Assessed Property that is a homestead under Texas law may not
exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section
shall be reflected in the Annual Service Plan Update immediately following such
reallocation.
3. Upon Consolidation
If two or more Lots or Parcels are consolidated into a single Lot or Parcel, the
Administrator shall allocate the Assessments against the Lots or Parcels before the
consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the
City Council in the next Annual Service Plan Update immediately following such
consolidation. The calculation as confirmed by the City Council shall be conclusive and
binding. The Assessment for any resulting Lot may not exceed the Maximum Assessment
for the applicable Lot Type and compliance may require a mandatory Prepayment of
Assessments pursuant to Section VI.C.
B. Mandatory Prepayment of Assessments
If an Assessed Property or a portion thereof is conveyed to a party that is exempt from payment
of the Assessment under applicable law, or the owner causes a Lot, Parcel or portion thereof to
become Non-Benefitted Property, the owner of such Lot, Parcel or portion thereof shall pay to
the City, or cause to be paid to the City, the full amount of the Assessment, plus all Prepayment
Costs and Delinquent Collection Costs for such Assessed Property, prior to any such conveyance
or act, and no such conveyance shall be effective until the City receives such payment. Following
payment of the foregoing costs in full, the City shall provide the owner with a recordable “Notice
of Assessment Termination,” a form of which is attached hereto as Exhibit I.
C. True-Up of Assessments if Maximum Assessment Exceeded at Plat
Prior to the City approving a final subdivision plat, the Administrator will certify that such plat
will not result in the Assessment per Lot for any Lot Type to exceed the Maximum Assessment. If
the Administrator determines that the resulting Assessment per Lot for any Lot Type will exceed
the Maximum Assessment for that Lot Type, then (1) the Assessment applicable to each Lot Type
shall each be reduced to the Maximum Assessment, and (2) the person or entity filing the plat
shall pay to the City, or cause to be paid to the City, the amount the Assessment was reduced,
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 20
plus Prepayment Costs and Delinquent Collection Costs, if any, prior to the City approving the
final plat. The City’s approval of a plat without payment of such amounts does not eliminate the
obligation of the person or entity filing the plat to pay such amounts. At no time shall the
aggregate Assessments for any Lot exceed the Maximum Assessment.
D. Reduction of Assessment s
If as a result of cost savings or the failure to construct all or a portion of an Authorized
Improvement the Actual Costs of any Authorized Improvements are less than the Assessments,
then (i) in the event PID Bonds have not been issued for the purpose of financing Authorized
Improvements affected by such reduction in Actual Costs, the City Council shall reduce each
Assessment on a pro rata basis such that the sum of the resulting reduced Assessments for all
Assessed Property equals the reduced Actual Costs that were expended, or (ii) in the event that
PID Bonds have been issued for the purpose of financing Authorized Improvements affected by
such reduction in Actual Costs, the Trustee shall apply amounts on deposit in the applicable
account of the project fund created under the Indenture relating to such series of PID Bonds that
are not expected to be used for the purposes of the project fund as directed by the City pursuant
to the terms of such Indenture, and the TIRZ No. 9 Annual Credit Amount will be reduced in the
same proportion as the Assessments. Such excess PID Bond proceeds may be used for any
purpose authorized by such Indenture. The Assessments shall never be reduced to an amount
less than the amount required to pay all outstanding debt service requirements on all
outstanding PID Bonds.
The Administrator shall update (and submit to the City Council for review and approval as part of
the next Annual Service Plan Update) the Assessment Roll and corresponding Annual Installments
to reflect the reduced Assessments.
E. Prep ayment of Assessment s
The owner of any Assessed Property may, at any time, pay all or any part of an Assessment in
accordance with the PID Act. Prepayment Costs, if any, may be paid from a reserve established
under the applicable Indenture. If an Annual Installment has been billed, or the Annual Service
Plan Update has been approved by the City Council prior to the Prepayment, the Annual
Installment shall be due and payable and shall be credited against the Prepayment.
If an Assessment on an Assessed Property is prepaid in full, with Prepayment Costs, (1) the
Administrator shall cause the Assessment to be reduced to zero on said Assessed Property and
the Assessment Roll to be revised accordingly; (2) the Administrator shall prepare the revised
Assessment Roll and submit such revised Assessment Roll to the City Council for review and
approval as part of the next Annual Service Plan Update; (3) the obligation to pay the Assessment
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 21
and corresponding Annual Installments shall terminate with respect to said Assessed Property;
and (4) the City shall provide the owner with a recordable "Notice of Assessment Termination.”
If an Assessment on an Assessed Property is prepaid in part with Prepayment Costs: (1) the
Administrator shall cause the Assessment to be reduced on said Assessed Property and the
Assessment Roll revised accordingly; (2) the Administrator shall prepare the revised Assessment
Roll and submit such revised Assessment Roll to the City Council for review and approval as part
of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment will be
reduced to the extent of the Prepayment made.
F. Payment of Assessment in Annual Installments
Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit F-2
shows the estimated Improvement Area #1 Annual Installments. Annual Installments are subject
to adjustment in each Annual Service Plan Update.
Prior to the recording of a final subdivision plat, if any Parcel shown on the Assessment Roll is
assigned multiple tax parcel identification numbers for billing and collection purposes, the Annual
Installment shall be allocated pro rata based on the acreage of the Parcel not including any Non-
Benefitted Property or Non-Assessed Property, as shown by the Collin Central Appraisal District
for each tax parcel identification number.
The Administrator shall prepare and submit to the City Council for its review and approval an
Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each
Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of
Annual Installments. The Annual Collection Costs for a given Assessment shall be paid by the
owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment
remaining on the Parcel to the total outstanding Assessment. Annual Installments shall be
reduced by any credits applied under an applicable Indenture, such as capitalized interest,
interest earnings on account balances, and any other funds available to the Trustee for such
purposes. Annual Installments shall be collected by the City in the same manner and at the same
time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and
foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad
valorem taxes due and owing to the City. To the extent permitted by the PID Act or other
applicable law, the City Council may provide for other means of collecting Annual Installments,
but in no case shall the City take any action, or fail to take any action, that would cause it to be
in default under any Indenture. Assessments shall have the lien priority specified in the PID Act.
Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien
for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 22
Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay any of
the remaining unpaid Annual Installments as they become due and payable.
The City reserves the right to refund PID Bonds in accordance with applicable law, including the
PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments
so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding
bonds shall constitute “PID Bonds.”
Each Annual Installment of an Assessment, including interest on the unpaid principal of the
Assessment, shall be updated annually. Each Annual Installment shall be due when billed and
shall be delinquent if not paid prior to February 1 of the following year.
Failure of an owner of an Assessed Property to receive an invoice for an Annual Installment shall
not relieve said owner of the responsibility for payment of the Assessment. Assessments, or
Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs.
G. Prepayment as a Result of an Eminent Domain Proceeding or Taking
Subject to applicable law, if any portion of any Parcel of Assessed Property is taken from an owner
as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed
Property is made to an entity with the authority to condemn all or a portion of the Assessed
Property in lieu of or as a part of an eminent domain proceeding (a “Taking”), the portion of the
Assessed Property that was taken or transferred (the “Taken Property”) shall be reclassified as
Non-Benefitted Property.
For the Assessed Property that is subject to the Taking as described in the preceding paragraph,
the Assessment that was levied against the Assessed Property (when it was included in the Taken
Property) prior to the Taking shall remain in force against the remaining Assessed Property (the
Assessed Property less the Taken Property) (the “Remaining Property”), following the
reclassification of the Taken Property as Non-Benefitted Property, subject to an adjustment of
the Assessment applicable to the Remaining Property after any required Prepayment as set forth
below. The owner of the Remaining Property will remain liable to pay, pursuant to the terms of
this Service and Assessment Plan, as updated, and the PID Act, the Assessment that remains due
on the Remaining Property, subject to an adjustment in the Assessment applicable to the
Remaining Property after any required Prepayment as set forth below. Notwithstanding the
foregoing, if the Assessment that remains due on the Remaining Property exceeds the applicable
Maximum Assessment, the owner of the Remaining Property will be required to make a
Prepayment in an amount necessary to ensure that the Assessment against the Remaining
Property does not exceed such Maximum Assessment, in which case the Assessment applicable
to the Remaining Property will be reduced by the amount of the partial Prepayment. If the City
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 23
receives all or a portion of the eminent domain proceeds (or payment made in an agreed sale in
lieu of condemnation), such amount shall be credited against the amount of Prepayment, with
any remainder credited against the Assessment on the Remaining Property.
In all instances the Assessment remaining on the Remaining Property shall not exceed the
applicable Maximum Assessment.
By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100
Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be
reclassified as Non-Benefitted Property and the remaining 90 acres constituting the Remaining
Property shall be subject to the $100 Assessment (provided that this $100 Assessment does not
exceed the Maximum Assessment on the Remaining Property). If the Administrator determines
that the $100 Assessment reallocated to the Remaining Property would exceed the Maximum
Assessment, as applicable, on the Remaining Property by $10, then the owner shall be required
to pay $10 as a Prepayment of the Assessment against the Remaining Property and the
Assessment on the Remaining Property shall be adjusted to $90.
Notwithstanding the previous paragraphs in this subsection, if the owner of the Remaining
Property notifies the City and the Administrator that the Taking prevents the Remaining Property
from being developed for any use which could support the Estimated Buildout Value
requirement, the owner shall, upon receipt of the compensation for the Taken Property, be
required to prepay the amount of the Assessment required to buy down the outstanding
Assessment to the applicable Maximum Assessment on the Remaining Property to support the
Estimated Buildout Value requirement. The owner will remain liable to pay the Assessment on
both the Taken Property and the Remaining Property until such time that such Assessment has
been prepaid in full.
Notwithstanding the previous paragraphs in this subsection, the Assessments shall never be
reduced to an amount less than the amount required to pay all outstanding debt service
requirements on all outstanding PID Bonds.
SECTION VII: ASSESSMENT ROLL
The Improvement Area #1 Assessment Roll is attached as Exhibit F-1. The Administrator shall
prepare and submit to the City Council for review and approval proposed revisions to the
Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each
Parcel as part of each Annual Service Plan Update.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 24
SECTION VIII: ADDITIONAL PROVISIONS
A. Calculation Errors
If the owner of a Parcel claims that an error has been made in any calculation required by this
Service and Assessment Plan, including, but not limited to, any calculation made as part of any
Annual Service Plan Update, the owner’s sole and exclusive remedy shall be to submit a written
notice of error to the Administrator by December 1st of each year following City Council’s
approval of the calculation. Otherwise, the owner shall be deemed to have unconditionally
approved and accepted the calculation. The Administrator shall provide a written response to
the City Council and the owner not later than 30 days after receipt of such written notice of error
by the Administrator. The City Council shall consider the owner’s notice of error and the
Administrator’s response at a public meeting, and, not later than 30 days after closing such
meeting, the City Council shall make a final determination as to whether an error has been made.
If the City Council determines that an error has been made, the City Council shall take such
corrective action as is authorized by the PID Act, this Service and Assessment Plan, the applicable
Assessment Ordinance, the applicable Indenture, or as otherwise authorized by the discretionary
power of the City Council. The determination by the City Council as to whether an error has been
made, and any corrective action taken by the City Council, shall be final and binding on the owner
and the Administrator.
B. Amendments
Amendments to this Service and Assessment Plan must be made by the City Council in
accordance with the PID Act. To the extent permitted by the PID Act, this Service and Assessment
Plan may be amended without notice to owners of the Assessed Property: (1) to correct mistakes
and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect
Assessments, Annual Installments, and other charges imposed by this Service and Assessment
Plan.
C. Administration and Interpretation
The Administrator shall: (1) perform the obligations of the Administrator as set forth in this
Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction
of the City Council; and (3) interpret the provisions of this Service and Assessment Plan.
Interpretations of this Service and Assessment Plan by the Administrator shall be in writing and
shall be appealable to the City Council by owners of Assessed Property adversely affected by the
interpretation. Appeals shall be decided by the City Council after holding a public meeting at
which all interested parties have an opportunity to be heard. Decisions by the City Council shall
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 25
be final and binding on the owners of Assessed Property and developers and their successors and
assigns.
D. Form of Buyer Disclosure/Filing Requirements
Per Section 5.014 of the Texas Property Code, as amended, this Service and Assessment Plan, and
any future Annual Service Plan Updates, shall include a form of the buyer disclosures for the
District. The buyer disclosures are attached hereto as Appendix B. Within seven days of approval
by the City Council, the City shall file and record in the real property records of the County the
executed ordinance of this Service and Assessment Plan, or any future Annual Service Plan
Updates. The executed ordinance, including any attachments, approving this Service an
Assessment Plan or any future Annual Service Plan Updates shall be filed and recorded in their
entirety.
E. Severability
If any provision of this Service and Assessment Plan is determined by a governmental agency or
court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum
extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the
remaining provisions.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 26
EXHIBITS
The following Exhibits are attached to and made a part of this Service and Assessment Plan for
all purposes:
Exhibit A-1 Map of the District
Exhibit A-2 Map of Improvement Area #1
Exhibit A-3 Improvement Area #1 Lot Type Classification Map
Exhibit B Project Costs
Exhibit C Service Plan
Exhibit D Sources and Uses of Funds
Exhibit E Maximum Assessment and Tax Rate Equivalent
Exhibit F-1 Improvement Area #1 Assessment Roll
Exhibit F-2 Improvement Area # 1 Annual Installments
Exhibit G-1 Maps of Major Improvements
Exhibit G-2 Maps of Improvement Area #1 Improvements
Exhibit H TIRZ No. 9 Annual Credit Amount by Lot Type
Exhibit I Form of Notice of Assessment Termination
Exhibit J Debt Service Schedule for Improvement Area #1 Bonds
Exhibit K-1 District Legal Description
Exhibit K-2 Improvement Area #1 Legal Description
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 27
APPENDICES
The following Appendices are attached to and made a part of this Service and Assessment Plan
for all purposes:
Appendix A Engineer’s Report
Appendix B Buyer Disclosures
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 28
EXHIBIT A-1 – MAP OF THE DISTRICT
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 29
EXHIBIT A-2 – MAP OF IMPROVEMENT AREA #1
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 30
EXHIBIT A-3 - IMPROVEMENT AREA #1 LOT TYPE CLASSIFICATION MAP
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 31
EXHIBIT B – PROJECT COSTS
Improvement Area #1 Improvements
Streets[e]9,627,483$ -$ -$ 9,627,483$ 100% 9,627,483$
Water 2,285,898 - - 2,285,898 100% 2,285,898
Sewer 2,797,636 - - 2,797,636 100% 2,797,636
Storm Drainage 3,583,566 - - 3,583,566 100% 3,583,566
Right of Way[j]3,696,000 - - 3,696,000 100% 3,696,000
Soft Costs[i]5,588,068 - - 5,588,068 100% 5,588,068
27,578,651$ -$ -$ 27,578,651$ 27,578,651$
Major Improvements
Improvement Area #1 Major Improvements[h]
Water 2,218,535$ -$ 2,218,535$ -$ 0.0%-$
Sewer 6,100,420 - 6,100,420 - 0.0%-
Soft Costs 3,078,013 - 3,078,013 - 0.0%-
11,396,968$ -$ 11,396,968$ -$ -$
Private Improvements [b]
Parkland Infrastructure/Hardscape/Trails[c][d]3,701,922$ 3,701,922$ -$ -$ 0.0%-$
Private Improvements 3,237,511 3,237,511 - - 0.0%-
6,939,433$ 6,939,433$ -$ -$ -$
Bond Issuance Costs [f]
Debt Service Reserve Fund 2,482,455$ -$ -$ 2,482,455$ 2,482,455$
Capitalized Interest 1,131,667 - - 1,131,667 1,131,667
Underwriter Discount[g]1,018,500 - - 1,018,500 1,018,500
Cost of Issuance 1,763,873 - - 1,763,873 1,763,873
6,396,495$ -$ -$ 6,396,495$ 6,396,495$
Other Costs [f]
Deposit to Administrative Fund 80,000$ -$ -$ 80,000$ 80,000$
80,000$ -$ -$ 80,000$ 80,000$
Footnotes:
[a] Per Engineer's Report attached hereto as Appendix A.
[b] Not reimbursable to the Developer through Assessments or the issuance of PID Bonds.
[c] Unless otherwise approved by the City Council, in the event PID Bonds are not issued, right-of-way acquisition, as defined in Section III.A, shall not be a reimbursable
Authorized Improvement, but instead will be replaced by the Actual Costs of Parkland Infrastructure/Hardscape/Trails.
[d] Unless otherwise approved by the City Council, in the event PID Bonds are issued, the Parkland Infrastructure/Hardscape/Trails, will be replaced by right-of-way acquisition,
which right-of-way acquisition cost shall not exceed (i) the Actual Costs of Parkland Infrastructure/Hardscape/Trails, and (ii) the fair market value supported by an independent
appraisal as required by Section 252.051 of the Texas Local Government Code.
[e] Includes Mass Grading and Final Stabilization Methods.
[f] Preliminary estimates only and subject to change upon the issuance of PID Bonds.
[g] Includes the fee of counsel to the Underwriter.
[h] Improvement Area #1 Major Improvements are improvements that benefit the entire District and shall be completed concurrently with the Improvement Area #1
Improvements, but are not anticipated to be reimbursed from Assessments or PID Bonds. Future Major Improvements shall be included in this Service and Assessment Plan as
they are constructed with future Improvement Areas.
[i] Soft Costs include bonds fees, contingency, engineering, testing, survey, and inspection fees.
[j] Based on Right of Way Appraisal dated January 8, 2026.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 32
EXHIBIT C – SERVICE PLAN
Annual Installment Due 1/61/2026[b]1/31/2027 1/31/2028 1/31/2029 1/31/2030 1/31/2031
Principal -$ 403,000.00$ 428,000.00$ 455,000.00$ 484,000.00$ 514,000.00$
Interest 1,131,667.00 2,037,000.00 2,012,820.00 1,987,140.00 1,959,840.00 1,930,800.00
TIRZ No. 9 Annual Credit Amount[a]- - - - - -
Capitalized Interest (1,131,667.00) - - - - -
(1)-$ 2,440,000.00$ 2,440,820.00$ 2,442,140.00$ 2,443,840.00$ 2,444,800.00$
Additional Interest (2)-$ 169,750.00$ 167,735.00$ 165,595.00$ 163,320.00$ 160,900.00$
Annual Collection Costs (3)-$ 40,800.00$ 41,616.00$ 42,448.00$ 43,297.00$ 44,163.00$
Total Annual Installment Due (4) = (1) + (2) + (3)-$ 2,650,550.00$ 2,650,171.00$ 2,650,183.00$ 2,650,457.00$ 2,649,863.00$
Footnotes:
[a] Each year, the TIRZ No. 9 Revenue generated by each Lot shall be applied to the principal and interest portion of the Annual Installment, up to the Maximum
TIRZ No. 9 Annual Credit Amount. The TIRZ No. 9 Annual Credit Amount shall be updated each year in the Annual Service Plan Update as TIRZ No. 9 Revenue is
generated.
[b] No Assessment collected in 2026 and capitalized interest is contemplated from bond issuance to the 9/15/2026 debt service payment.
Improvement Area #1
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 33
EXHIBIT D – SOURCES AND USES OF FUNDS
Privately Funded Impact Fee Eligible Improvement Area #1 Total
Improvement Area #1 Bonds -$ -$ 33,950,000$ 33,950,000$
Developer Contribution - Improvement Area #1[a]- - 105,146 105,146
Eligible Infrastructure Grant[f]- 11,396,968 - 11,396,968
Developer Contribution - Parkland Infrastructure/Hardscape/Trails[a][b][c]3,701,922 - - 3,701,922
Developer Contribution - Private Improvements[a]3,237,511 - - 3,237,511
Total Sources of Funds 6,939,433$ 11,396,968$ 34,055,146$ 52,391,548$
Improvement Area #1 Major Improvements[f]-$ 11,396,968$ -$ 11,396,968
Improvement Area #1 Improvements - - 27,578,651 27,578,651
Parkland Infrastructure/Hardscape/Trails[a][b][c]3,701,922 - - 3,701,922
Private Improvements[a]3,237,511 - - 3,237,511
6,939,433$ 11,396,968$ 27,578,651$ 45,915,053$
Bond Issuance Costs [d]
Debt Service Reserve Fund -$ -$ 2,482,455$ 2,482,455$
Capitalized Interest - - 1,131,667 1,131,667
Underwriter Discount[e]- - 1,018,500 1,018,500
Cost of Issuance - - 1,763,873 1,763,873
-$ -$ 6,396,495.00$ 6,396,495$
Other Costs [d]
Deposit to Administrative Fund -$ -$ 80,000$ 80,000$
-$ -$ 80,000.00$ 80,000$
Total Uses of Funds 6,939,433$ 11,396,968$ 34,055,146$ 52,391,548$
Footnotes:
[a] Not reimbursable to the Developer through Assessments or the issuance of PID Bonds.
[b] Unless otherwise approved by the City Council, in the event PID Bonds are not issued, right-of-way acquisition, as defined in Section III.A, shall not be a reimbursable Authorized Improvement,
but instead will be replaced by the Actual Costs of Parkland Infrastructure/Hardscape/Trail improvements.
[c] Unless otherwise approved by the City Council, in the event PID Bonds are issued, the Parkland Infrastructure/Hardscape/Trail improvements, will be replaced by right-of-way acquisition, which
right-of-way acquisition cost shall not exceed (i) the Actual Costs of Parkland Infrastructure/Hardscape/Trail improvements, and (ii) the fair market value supported by an independent appraisal as
required by Section 252.051 of the Texas Local Government Code.
[d] Preliminary estimates only and subject to change upon the issuance of PID Bonds.
[e] Includes the fee of counsel to the Underwriter.
[f] Improvement Area #1 Major Improvements are improvements that benefit the entire District and shall be completed concurrently with the Improvement Area #1 Improvements, but are not
anticipated to be reimbursed from Assessments or PID Bonds. Future Major Improvements shall be included in this Service and Assessment Plan as they are constructed with future Improvement
Areas.
Sources of Funds
Uses of Funds
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 34
EXHIBIT E – MAXIMUM ASSESSMENT AND TAX RATE EQUIVALANT
Per Unit Total Per Unit Total Per Unit Total
Improvement Area #1
Lot Type 1 76 477,000$ 36,252,000$ 67,570$ 5,135,294$ 5,275$ 400,872$ 1.105792$
Lot Type 2 166 530,000 87,980,000 75,077 12,462,848 5,861 972,876 1.105792
Lot Type 3 143 636,000 90,948,000 90,093 12,883,282 7,033 1,005,696 1.105792
Lot Type 4 33 742,000 24,486,000 105,108 3,468,576 8,205 270,764 1.105792
Improvement Area #1 Subtotal 418 239,666,000$ 33,950,000$ 2,650,208$ 1.105792
Footnotes:
[a] As provided by the Developer.
[b] Subject to change based on the final Appraisal.
[c] Does not include TIRZ No. 9 Annual Credit Amount.
Lot Type Units[a]Gross PID
TRE[c]
Estimated Buildout Value[a]Assessment[b]Average Annual Installment
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 35
EXHIBIT F-1 – IMPROVEMENT AREA #1 ASSESSMENT ROLL
Property ID[a]Lot Type Outstanding Assessment Annual Installment Due
1/31/2027
2937949 Improvement Area #1 Initial Parcel 33,950,000.00$ 2,650,550.00$
33,950,000.00$ 2,650,550.00$
Footnotes:
Total
[a] The entire Improvement Area #1 is contained within Property ID 2937949. For billing purposes, the Annual Installment due 1/31/2027 shall
be allocated pro rata based on acreage.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 36
EXHIBIT F-2 – IMPROVEMENT AREA #1 ANNUAL INSTALLMENTS
Installment
Due 1/31 Principal Interest[a]Capitalized
Interest[c]
Reserve
Fund[d]
Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2026 $ -1,131,667$ (1,131,667)$ -$ $ - $ --$
2027 403,000$ 2,037,000$ -$ -$ 169,750$ 40,800$ 2,650,550$
2028 428,000$ 2,012,820$ -$ -$ 167,735$ 41,616$ 2,650,171$
2029 455,000$ 1,987,140$ -$ -$ 165,595$ 42,448$ 2,650,183$
2030 484,000$ 1,959,840$ -$ -$ 163,320$ 43,297$ 2,650,457$
2031 514,000$ 1,930,800$ -$ -$ 160,900$ 44,163$ 2,649,863$
2032 547,000$ 1,899,960$ -$ -$ 158,330$ 45,046$ 2,650,336$
2033 582,000$ 1,867,140$ -$ -$ 155,595$ 45,947$ 2,650,682$
2034 618,000$ 1,832,220$ -$ -$ 152,685$ 46,866$ 2,649,771$
2035 658,000$ 1,795,140$ -$ -$ 149,595$ 47,804$ 2,650,539$
2036 699,000$ 1,755,660$ -$ -$ 146,305$ 48,760$ 2,649,725$
2037 744,000$ 1,713,720$ -$ -$ 142,810$ 49,735$ 2,650,265$
2038 791,000$ 1,669,080$ -$ -$ 139,090$ 50,730$ 2,649,900$
2039 842,000$ 1,621,620$ -$ -$ 135,135$ 51,744$ 2,650,499$
2040 895,000$ 1,571,100$ -$ -$ 130,925$ 52,779$ 2,649,804$
2041 953,000$ 1,517,400$ -$ -$ 126,450$ 53,835$ 2,650,685$
2042 1,013,000$ 1,460,220$ -$ -$ 121,685$ 54,911$ 2,649,816$
2043 1,078,000$ 1,399,440$ -$ -$ 116,620$ 56,010$ 2,650,070$
2044 1,147,000$ 1,334,760$ -$ -$ 111,230$ 57,130$ 2,650,120$
2045 1,221,000$ 1,265,940$ -$ -$ 105,495$ 58,272$ 2,650,707$
2046 1,299,000$ 1,192,680$ -$ -$ 99,390$ 59,438$ 2,650,508$
2047 1,382,000$ 1,114,740$ -$ -$ 92,895$ 60,627$ 2,650,262$
2048 1,471,000$ 1,031,820$ -$ -$ 85,985$ 61,839$ 2,650,644$
2049 1,565,000$ 943,560$ -$ -$ 78,630$ 63,076$ 2,650,266$
2050 1,665,000$ 849,660$ -$ -$ 70,805$ 64,337$ 2,649,802$
2051 1,772,000$ 749,760$ -$ -$ 62,480$ 65,624$ 2,649,864$
2052 1,886,000$ 643,440$ -$ -$ 53,620$ 66,937$ 2,649,997$
2053 2,007,000$ 530,280$ -$ -$ 44,190$ 68,275$ 2,649,745$
2054 2,137,000$ 409,860$ -$ -$ 34,155$ 69,641$ 2,650,656$
2055 2,274,000$ 281,640$ -$ -$ 23,470$ 71,034$ 2,650,144$
2056 2,420,000$ 145,200$ -$ (2,482,455)$ 12,100$ 72,454$ 2,649,754$
Total 33,950,000$ 40,523,640$ -$ (2,482,455)$ 3,376,970$ 1,655,175$ 79,505,785$
Footnotes:
[b] The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual
Collection Costs, reserve fund requirements, interest earnings, or other available offsets could increase or decrease the
amounts shown.
[c] No Annual Installment shall be collected and capitalized interest is expected to fund the 9/15/2026 debt service payment.
[d] Assumes Reserve Fund is fully funded and available to reduce Annual Installments in the final year.
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon PID Bond issuance.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 37
EXHIBIT G-1 – MAPS OF MAJOR IMPROVEMENTS
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 38
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 39
EXHIBIT G-2 – MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 40
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 41
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 42
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 43
EXHIBIT H – TIRZ NO. 9 ANNUAL CREDIT AMOUNT BY LOT TYPE
Improvement Area #1
Lot Type 1 (45')76 1.105792 (1,252.30)$ 0.843256$ 2.838792$
Lot Type 2 (50')166 1.105792 (1,391.44)$ 0.843256$ 2.838792$
Lot Type 3 (60')143 1.105792 (1,669.73)$ 0.843256$ 2.838792$
Lot Type 4 (70')33 1.105792 (1,948.02)$ 0.843256$ 2.838792$
[a] Per information provided by the Developer.
[b] To be determined at the time of PID Bond issuance; based on information provided by the Developer as to
Estimated Buildout Value.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 44
EXHIBIT I – FORM OF NOTICE OF ASSESSMENT TERMINATION
P3Works, LLC
9284 Huntington Square, Suite 100
North Richland Hills, TX 76182
______________________________________________________________________________
[Date]
Collin County Clerk’s Office
Honorable [County Clerk]
Collin County Administration Building
2300 Bloomdale Rd, Suite 2106
McKinney, TX 75071
Re: City of Anna Lien Release documents for filing
Dear Ms./Mr. [County Clerk]
Enclosed is a lien release that the City of Anna is requesting to be filed in your office. Lien
release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of the
filed documents to my attention:
City of Anna
Attn: City Secretary
120 W. 7th Street
Anna, TX 75409
Please contact me if you have any questions or need additional information.
Sincerely,
[Signature]
P3Works, LLC
(817) 393-0353
Admin@P3-Works.com
www.P3-Works.com
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 45
AFTER RECORDING RETURN TO:
[City Secretary Name]
120 W. 7th Street
Anna, TX 75409
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN
STATE OF TEXAS §
§ KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full
Release") is executed and delivered as of the Effective Date by the City of Anna, Texas, a Texas
home rule municipality (the “City”).
RECITALS
WHEREAS, the governing body (hereinafter referred to as the "City Council” of Anna,
Texas is authorized by Chapter 372, Texas Local Government Code, as amended (hereinafter
referred to as the "Act"), to create public improvement districts within the corporate limits of the
City; and
WHEREAS, on March 25, 2025 the City Council of the City approved Resolution No. 2025-
03-1753 creating the Sherley Farms Public Improvement District (the “District”); and
WHEREAS, the District consists of approximately 1,123.592 contiguous acres within the
corporate limits of the City; and
WHEREAS, on ____________, the City Council, approved Ordinance No. __________,
(hereinafter referred to as the "Assessment Ordinance") approving a service and assessment plan and
assessment roll for the real property located with the District, the Assessment Ordinance being
recorded on _____________, as Instrument No. ________ in the Official Public Records of Collin
County, Texas; and
WHEREAS, the Assessment Ordinance imposed an assessment in the amount of [amount]
(hereinafter referred to as the "Lien Amount") and further imposed a lien to secure the payment of
the Lien Amount (the “Lien”) against the following property located within the District, to wit:
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 46
[legal description], an addition to the City of Anna, Collin County, Texas, according
to the map or plat thereof recorded as Instrument No. ________ in the Map Records
of Collin County, Texas (the "Property");
and
WHEREAS, the Lien Amount has been paid in full.
RELEASE
NOW THEREFORE, for and in consideration of the full payment of the Lien Amount, the City
hereby releases and discharges, and by these presents does hereby release and discharge, the Lien to
the extent that is affects and encumbers the Property.
EXECUTED to be EFFECTIVE this the _____ day of _________, 20__.
CITY OF ANNA, TEXAS,
A Texas home rule municipality,
By: _______________________________
[Manager Name], City Manager
ATTEST:
_______________________________
[Secretary Name], City Secretary
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ____ day of ________, 20__, by the
City Manager for the City of Anna, Texas, a Texas home rule municipality, on behalf of said
municipality.
_______________________________
Notary Public, State of Texas
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 47
EXHIBIT J – DEBT SERVICE SCHEDULE FOR IMPROVEMENT AREA #1 BONDS
[To be provided at PID Bond pricing.]
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 48
EXHIBIT K-1 – DISTRICT LEGAL DESCRIPTION
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 49
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 50
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 51
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 52
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 53
EXHIBIT K-2 – IMPROVEMENT AREA #1 LEGAL DESCRIPTION
PHASE 1
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the G. Morrison Survey, Abstract No. 559, and the S. Moore
Survey, Abstract No. 625, in Collin County, Texas, being part of Tracts 1.1, 1.3, and 1.4,
recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT), and part of
Tract 1.1, recorded in Volume 4466, Page 183 DRCCT, and all of Tract 1.2, recorded in Volume
4466, Page 201, DRCCT, with the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set along the south line
of Farm to Market Road 2862, a 90-foot-wide right-of-way, from which a 1/2" iron rod found
bears N 84°54'26" W, 1658.47 feet for the southeast corner of the "Second Tract" conveyed to
Daniel W. Koen and Sue Ann Burleson-Koen, recorded in Document No. 93-0107055 DRCCT;
THENCE S 87°35'00" E, 3.15 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE S 87°54'00" E, 852.06 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE S 88°23'00" E, 1005.18 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 61°39'58", a radius of
363.31 feet, a chord of N 60°47'01" E - 372.42 feet, an arc length of 391.02 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set on the west line of a tract conveyed to Larry
Kropman Bennett and Jill Rae Bennett, recorded in Volume 1718, Page 193 DRCCT;
THENCE S 02°42'15" W, 147.06 feet along the west line thereof to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
THENCE S 88°34'52" E, along the south line of said Bennett tract, passing at 317.47 feet a 3/8"
iron rod found for the southeast corner thereof, being the southwest corner of a tract described in
deed recorded in Document No. 20160209000150410 OPRCCT, and continuing along the south
line thereof a total distance of 673.49 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE S 19°13'14" E, 988.05 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 54
THENCE around a non-tangent curve to the right having a central angle of 31°18'08", a radius of
1355.00 feet, a chord of S 38°55'42" W - 731.10 feet, an arc length of 740.27 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE S 54°34'46" W, 675.31 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a tangent curve to the left having a central angle of 8°25'51", a radius of
2545.00 feet, a chord of S 50°21'50" W - 374.15 feet, an arc length of 374.49 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE around a compound curve to the left having a central angle of 1°21'02", a radius of
1545.00 feet, a chord of S 45°28'23" W - 36.42 feet, an arc length of 36.42 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE N 47°52'56" W, 117.77 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE N 63°22'52" W, 674.62 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE S 26°37'08" W, 490.25 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 63°19'59" W, 296.01 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE S 26°37'08" W, 130.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 63°22'52" W, 268.53 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 36°00'21", a radius of
95.00 feet, a chord of N 81°23'03" W - 58.72 feet, an arc length of 59.70 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE S 80°36'47" W, 80.83 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a tangent curve to the left having a central angle of 7°19'45", a radius of
345.00 feet, a chord of S 76°56'54" W - 44.10 feet, an arc length of 44.13 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 55
THENCE S 52°52'29" W, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a non-tangent curve to the right having a central angle of 33°46'17", a radius of
850.00 feet, a chord of N 20°14'22" W - 493.79 feet, an arc length of 501.01 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE N 03°21'14" W, 51.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 87°03'38" W, 802.11 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 09°05'47", a radius of
1,245 feet, a chord of N 63°23'05" E - 197.45 feet, an arc length of 197.66 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE around a reverse curve to the left having a central angle of 05°45'11", a radius of
1245.00 feet, a chord of N 65°03'23" E - 124.96 feet, an arc length of 125.01 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE N 62°10'47" E, 501.95 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a tangent curve to the left having a central angle of 24°42'42", a radius of
780.00 feet, a chord of N 49°49'26" E - 333.81 feet, an arc length of 336.41 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE around a compound curve to the left having a central angle of 43°38'06", a radius of
365.00 feet, a chord of N 15°33'38" E - 271.31 feet, an arc length of 277.98 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 98°57'03", a radius of
71.50 feet, a chord of N 80°15'05" W - 108.70 feet, an arc length of 123.48 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE N 30°46'33" W, 84.43 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 25°05'59" W, 115.10 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a tangent curve to the right having a central angle of 62°31'41", a radius of
379.50 feet, a chord of N 06°09'52" E - 393.91 feet, an arc length of 414.16 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 56
THENCE around a reverse curve to the left having a central angle of 04°49'49", a radius of
220.50 feet, a chord of N 35°00'48" E - 18.58 feet, an arc length of 18.59 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE N 87°54'00" W, 104.75 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE N 02°06'00" E 150.02 feet to the POINT OF BEGINNING, with the subject tract
containing 5,880,591 square feet or 135.00 acres of land.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 57
APPENDIX A – ENGINEER’S REPORT
[Remainder of page left intentionally blank.]
# of Lots: 418
Total Cost Per Lot % of Cost
CONSTRUCTION COST - PHASE 1 PID
SWPPP/Inspection 15,000.00$ 35.89$ 0.03% Street
Construction Materials Testing 229,900.00$ 550.00$ 0.50% Street
Turn Lanes (TXDOT) 400,000.00$ 956.94$ 0.87% Street
Signage (Includes CBUs) 233,490.00$ 558.59$ 0.51% Street
Erosion Control 278,744.50$ 666.85$ 0.61% Street
Public Excavation 292,884.50$ 700.68$ 0.64% Street
Paving 5,414,872.63$ 12,954.24$ 11.79% Street
Water 2,285,898.20$ 5,468.66$ 4.98% Water
Sanitary Sewer 2,797,635.50$ 6,692.91$ 6.09% Sewer
Storm Drainage 3,583,566.20$ 8,573.12$ 7.80% Storm Drainage
Final Stabilization 2,762,590.99$ 6,609.07$ 6.02% Final Stabilization
CONSTRUCTION CONTINGENCY (15%)2,744,187.38$ 6,565.04$ 5.98% Soft Costs
TOTAL HARD COST - PHASE 1 PID 21,038,769.90$ 50,331.99$ 45.82%
PID SOFT COSTS
Construction Management (4% of Phase 1 PID Hard Costs)731,783.30$ 1,750.68$ 1.59% Soft Costs
Developer PID Cost 75,000.00$ 179.43$ 0.16% Soft Costs
Utility Maintenance Bond 132,900.00$ 317.94$ 0.29% Soft Costs
Preliminary Engineering 64,650.00$ 154.67$ 0.14% Soft Costs
Public Engineering, Construction Staking, Administrative 816,200.00$ 1,952.63$ 1.78% Soft Costs
Survey (topo, tree, boundary, easement, etc.)52,500.00$ 125.60$ 0.11% Soft Costs
Soil Testing - Final Geotech 55,380.00$ 132.49$ 0.12% Soft Costs
Restaking 20,900.00$ 50.00$ 0.05% Soft Costs
Preliminary Plat/Final Plat 127,700.00$ 305.50$ 0.28% Soft Costs
Plat Filing Fees & Review Fees 19,941.40$ 47.71$ 0.04%Soft Costs
Flood Study 13,700.00$ 32.78$ 0.03%Soft Costs
Final Stabilization Design 144,607.79$ 345.95$ 0.31% Soft Costs
Right of Way 3,696,000.00$ 8,842.11$ 8.05% Soft Costs
Inspection Fees (4.0%)588,618.50$ 1,408.18$ 1.28%Soft Costs
TOTAL PID SOFT COST 6,539,880.99$ 15,645.65$ 14.24% Soft Costs
PHASE 1 PRIVATE CIVIL ITEMS
Construction Management (4% of Private Civil Items Hard Cost)101,798.70$ 243.54$ 0.22% Private Civil
Private Engineering, Construction Staking, Administrative 209,000.00$ 500.00$ 0.46% Private Civil
Private Excavation 643,950.50$ 1,540.55$ 1.40% Private Civil
Retaining Walls 606,699.00$ 1,451.43$ 1.32% Private Civil
Street Lights 326,886.00$ 782.02$ 0.71% Private Civil
Electric Service 418,000.00$ 1,000.00$ 0.91% Private Civil
Gas Service -$ -$ 0.00% Private Civil
Duct Bank 129,150.00$ 308.97$ 0.28% Private Civil
Telephone / Fiber Optics -$ -$ 0.00% Private Civil
Irrigation Crossings 70,047.00$ 167.58$ 0.15% Private Civil
Franchise Crossings 350,235.00$ 837.88$ 0.76% Private Civil
HARD COST CONSTRUCTION CONTINGENCY (15%)381,745.13$ 913.27$ 0.83% Private Civil
TOTAL PHASE 1 PRIVATE CIVIL ITEMS COST 3,237,511.33$ 7,745.24$ 7.05% Private Civil
PHASE 1 PRIVATE HARDSCAPE ITEMS
Construction Management (4% of Private Hard Cost)85,009.06$ 203.37$ 0.19% Private HS
Hardscape Design 177,142.21$ 423.79$ 0.39% Private HS
Hardscape Trails 570,128.00$ 1,363.94$ 1.24% Private HS
Central Green - Hardscape 1,032,900.00$ 2,471.05$ 2.25% Private HS
Pocket Park - Hardscape 942,336.50$ 2,254.39$ 2.05% Private HS
Attached Green 1 - Hardscape 67,127.50$ 160.59$ 0.15% Private HS
Attached Green 2 - Hardscape 82,862.50$ 198.24$ 0.18% Private HS
GENERAL CONDITIONS (10%)295,750.58$ 707.54$ 0.64% Private HS
HARD COST CONSTRUCTION CONTINGENCY (15%)448,665.76$ 1,073.36$ 0.98% Private HS
TOTAL PHASE 1 PRIVATE HARDSCAPE ITEMS COST 3,701,922.11$ 8,856.27$ 8.06% Private HS
PHASE 1 380 AGREEMENT ITEMS
Construction Management (4% of 380 Agreement Hard Cost)332,758.20$ 796.07$ 0.72% 380
Engineering, Construction Staking, Administrative 998,274.60$ 500.00$ 2.17% 380
Water 2,218,535.00$ 5,307.50$ 4.83% 380
Sanitary Sewer 6,100,420.00$ 14,594.31$ 13.29% 380
Maintenance Bond 166,379.10$ 398.04$ 0.36% 380
Inspection Fees (4.0%)332,758.20$ 796.07$ 0.72% 380
HARD COST CONSTRUCTION CONTINGENCY (15%)1,247,843.25$ 2,985.27$ 2.72% 380
TOTAL PHASE 1 380 AGREEMENT COST 11,396,968.35$ 27,265.47$ 24.82% 380
TOTAL DIRECT PID COST 27,578,650.89$ 65,977.63$ 60.06%
TOTAL PROJECT COST 45,915,052.67$ 109,844.62$ 100.00%
PID HARD COST
PID SOFT COST
PRIVATE COST
Allocation
380 AGREEMENT COST
Sherley Farms Phase 1
Phase 1 Summary
Description Unit Quantity Unit Price Total Cost
Erosion Control
Wire-reinforced Silt Fence Metal Posts LF 16670 $ 2.05 34,173.50$
8' Curlex Behind BOC LF 43500 $ 1.50 65,250.00$
8' Curlex (Slope Protection)SF 526400 $ 0.19 100,016.00$
Seed and Harrow AC 124 $ 350.00 43,400.00$
Z-panel Inlet Protection EA 102 $ 165.00 16,830.00$
Stone Overflow EA 11 $ 375.00 4,125.00$
Rock Check Dam - 30" max length EA 13 1,150.00$ 14,950.00$
Total Erosion Control Cost 278,744.50$
Final Stabilization
Fine Grading LS 1 $ 125,000.00 125,000.00$
Bioswale LS 1 $ 50,000.00 50,000.00$
Ornamental Trees EA 188 $ 600.00 112,800.00$
Canopy Trees EA 4 $ 1,200.00 4,800.00$
Canopy Trees EA 408 $ 800.00 326,400.00$
Specimen Trees EA 2 $ 2,500.00 5,000.00$
Reforested Trees EA 70 $ 350.00 24,500.00$
Planting Beds SF 124,178 $ 7.00 869,246.00$
Planting Bed Irrigation SF 124,178 $ 1.50 186,267.00$
Lawn SF 168,731 $ 1.00 168,731.00$
Lawn Irrigation SF 562,059 $ 0.65 365,338.35$
Hydroseed SF 544,328 $ 0.50 272,164.00$
Irrigation Sleeves LF 200 $ 6.00 1,200.00$
General Conditions LS 1 $ 251,144.64 251,144.64$
Total Final Stabilization Cost 2,762,590.99$
Public Excavation
Clearing & Grubbing AC 144 650.00$ 93,600.00$
Unclassified Excavation - ROW CY 55958 2.75$ 153,884.50$
Rock Surcharge - ROW CY 3280 2.50$ 8,200.00$
Over-Exc & Process Rock Roads (8") CY 1480 2.50$ 3,700.00$
Strip, Stockpile & Spread Topsoil LS 1 30,000.00$ 30,000.00$
Fine Grade Open Spaces LS 1 3,500.00$ 3,500.00$
Total Excavation Cost 292,884.50$
Paving
Asphalt Transition Pavement, 2" Type C
or D HMAC With PG 76-22 Binder, 8"
Type A or B HMAC
SY
598 $ 106.55 63,716.90$
6" Reinforced Concrete Pavement, Curb
& Gutter (4000 psi, #4 Bars @ 18"
OCEW) 31' B-B Residential Section
SY
76,885 $ 46.85 3,602,070.99$
6" Reinforced Concrete Pavement, (4000 psi, #4
Bars @ 24" OCEW) 24' E-E Alley Section(s) SY 2,642 $ 54.49 143,971.56$
6" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW) 12' E-E Alley
Section
SY
426 $ 54.43 23,187.58$
8" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW) Roundabout
Paving including Mountable Curb
SY
1,516 $ 66.19 100,346.33$
Roundabout Truck Apron Including
Concrete, Vehicular Pavers, and 6" Curb SY 227 $ 165.20 37,500.40$
8” Reinforced Concrete Pavement, Curb & Gutter
(4000 psi, #4 Bars @ 18"
OCEW), Residential Entrance Section(s)
18' B-B
SY
2,459 $ 64.85 159,471.44$
Roundabout Median Median Pavers With
Mountable Curb SY 81 $ 179.71 14,556.18$
6" Lime Stabilized Subgrade (1' outside
BOC) SY 86,613 $ 2.80 242,515.01$
8" Lime Stabilized Subgrade (1' outside
BOC) SY 4,268 $ 3.00 12,803.21$
6% Hydrated Lime (27#/SY) TONS 1,170 $ 319.80 374,166.02$
6% Hydrated Lime (36#/SY) TONS 77 $ 319.25 24,582.17$
Directional Barrier Free Ramps EA 19 $ 2,850.00 54,150.00$
Bi-Directional Barrier Free Ramps EA 48 $ 2,954.58 141,820.00$
Mid Block Barrier Free Ramp EA 20 $ 1,950.00 39,000.00$
Sherley Farms Phase 1
Phase 1 PID Hard Cost Detail
Description Unit Quantity Unit Price Total Cost
Construct Street Header LF 483 $ 15.00 7,245.00$
Furnish and Install Type IIl Barricade LF 291 $ 65.21 18,975.00$
5' Sidewalk (4" thick) SY 3,070 $ 64.95 199,402.27$
6-12" Dry Rock Rip Rap SY 190 $ 100.00 19,000.00$
Traffic Control EA 1 $ 25,000.00 25,000.00$
Maintenance Bond 2 Year 100% LS 3 $ 21,500.00 64,500.00$
5" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW), Parallel
Parking Stalls SY 677 $ 61.52 41,646.57$
Connect to Street Header LF 116 $ 15.00 1,740.00$
Remove and Dispose of Type III Barricade LF 117 $ 29.97 3,506.00$
Total Paving Cost 5,414,872.63$
Water
8" DR-18 LF 21748 52.56$ 1,143,120.90$
6" Gate Valve EA 49 $ 1,570.00 76,930.00$
8" Gate Valve EA 87 $ 2,160.00 187,920.00$
1" Single Water Service EA 422 $ 945.00 398,790.00$
2" Air Release Valve EA 2 $ 6,700.00 13,400.00$
2" Irrigation Service EA 1 $ 3,000.00 3,000.00$
2" Auto Flush Device EA 11 $ 8,905.45 97,960.00$
Fire Hydrant Assembly W/ 6" Lead EA 47 $ 5,041.06 236,930.00$
Cast Iron Fittings TONS 7.7 $ 8,397.73 64,662.50$
Trench Safety LF 21748 $ 0.10 2,174.80$
Chlorination & Testing LF 21748 $ 2.50 54,370.00$
8" Plug EA 12 $ 291.67 3,500.00$
Remove Ex. 8" Plug & Connect 8" EA 3 $ 1,046.67 3,140.00$
Total Water Cost 2,285,898.20$
Sanitary Sewer
8" SDR-35 LF 12,031 78.61$ 945,732.20$
8" SDR-26 LF 6,956 $ 89.70 623,976.80$
4' Dia. Manhole EA 61 $ 7,307.54 445,760.00$
4' Dia. Drop Manhole EA 1 11,410.00$ 11,410.00$
5' Dia. Drop Manhole EA 1 13,975.00$ 13,975.00$
Remove Ex. 8" Plug & Connect 8" EA 4 638.75$ 2,555.00$
8" Plug EA 6 276.67$ 1,660.00$
4" Sewer Service EA 422 1,400.13$ 590,855.00$
16" SDR-35 Encasement Pipe LF 580 110.86$ 64,300.00$
Trench Safety LF 18,987 $ 0.10 1,898.70$
T.V. & Testing LF 18,987 $ 4.86 92,332.80$
Concrete Encasement LF 30 $ 60.00 1,800.00$
Connect To Ex. Manhole EA 1 $ 1,380.00 1,380.00$
Total Sanitary Sewer Cost 2,797,635.50$
Storm Drainage
18" RCP LF 3,675 $ 80.00 294,000.00$
21" RCP LF 1,901 $ 89.00 169,189.00$
24" RCP LF 1,789 $ 97.00 173,533.00$
27" RCP LF 1,003 $ 120.00 120,360.00$
30" RCP LF 1,062 $ 127.00 134,874.00$
33" RCP LF 934 $ 138.00 128,892.00$
36" RCP LF 1,138 $ 149.00 169,562.00$
42" RCP LF 1,374 $ 181.00 248,694.00$
48" RCP LF 897 $ 207.00 185,679.00$
54" RCP LF 811 $ 243.00 197,073.00$
60" RCP LF 673 $ 273.00 183,729.00$
4' Junction Box EA 12 $ 7,360.00 88,320.00$
5' Junction Box EA 9 $ 8,165.00 73,485.00$
6' Junction Box EA 1 $ 9,085.00 9,085.00$
21" Type "C" Headwall EA 1 $ 4,900.00 4,900.00$
27" Type "B" Headwall EA 1 $ 4,830.00 4,830.00$
30" Type "B" Headwall EA 1 $ 5,060.00 5,060.00$
Description Unit Quantity Unit Price Total Cost
36" Type "C" Headwall EA 1 $ 5,865.00 5,865.00$
42" Type "B" Headwall EA 2 $ 5,980.00 11,960.00$
42" Type "C" Headwall EA 1 $ 6,615.00 6,615.00$
54" Type "C" Headwall EA 2 $ 7,935.00 15,870.00$
60" Type "C" Headwall EA 1 $ 8,740.00 8,740.00$
2' X 2' Wye Inlet W/ 4' Concrete Apron EA 1 $ 5,520.00 5,520.00$
5' Curb Inlet EA 1 $ 7,420.00 7,420.00$
10' Curb Inlet EA 92 $ 8,165.00 751,180.00$
Non Standard Curb Inlet (2-5',2-8'&1-12') EA 5 $ 8,050.00 40,250.00$
Grate Combo Inlet EA 3 $ 9,430.00 28,290.00$
Remove Ex. 42" Headwall & Connect EA 2 $ 1,785.00 3,570.00$
6"-12" Dry Rock Rip Rap SY 412 $ 104.00 42,848.00$
Trench Safety LF 15,257 $ 0.10 1,525.70$
T.V. Inspection LF 15,257 $ 5.00 76,285.00$
18" Type Il Precast Safety End Treatment EA 4 $ 1,430.00 5,720.00$
Unclassified Excavation - Ponds & Drainage CY 58470 2.75$ 160,792.50$
Rock Surcharge - Ponds & Drainage CY 39260 2.50$ 98,150.00$
Aeration EA 4 25,000.00$ 100,000.00$
18" Pond Clay Liner CY 8680 2.50$ 21,700.00$
Total Storm Drainage Cost 3,583,566.20$
17,416,192.52$ Total Phase 1 PID Hard Cost Detail Cost
Private Excavation
Unclassified Excavation - Private CY 134282 2.75$ 369,275.50$
Rock Surcharge - Private CY 7160 2.50$ 17,900.00$
Over-Exc & Process Rock Pads (6") CY 2390 2.50$ 5,975.00$
Rough Lot Benching EA 418 400.00$ 167,200.00$
Final Lot Benching EA 418 200.00$ 83,600.00$
Total Private Excavation Cost 643,950.50$
Retaining Walls
Retaining Walls LS 1 606,699.00$ 606,699.00$
Total Retaining Walls Cost 606,699.00$
1,250,649.50$
Sherley Farms Phase 1
Phase 1 Private Civil Detail
Total Phase 1 Private Civil Detail Costs
Description Unit Quantity Unit Price Total Cost
Hardscape Trails
6' Wide Trail SF 17,688 8.00$ 141,504.00$
10' Wide Trail SF 26,230 8.00$ 209,840.00$
12' Wide Trail SF 27,348 8.00$ 218,784.00$
Total Hardscape Trails Cost 570,128.00$
Central Green - Hardscape
Metal Grate at Bioswale EA 1 $ 10,000.00 10,000.00$
Pond Terrace Steps LS 1 $ 150,000.00 150,000.00$
Misc. Site Walls / Steps / Rails / Handrails LS 1 $ 650,000.00 650,000.00$
SF Entry Signage LS 1 $ 100,000.00 100,000.00$
Lighting / Electrical LS 1 $ 50,000.00 50,000.00$
Split Rail Fence LF 1,620 $ 45.00 72,900.00$
Central Green - Hardscape Cost 1,032,900.00$
Pocket Park - Hardscape
Decomposed Granite or Aggregate SF 8,743 $ 5.50 48,086.50$
Stone Slabs EA 11 $ 1,000.00 11,000.00$
Play Fall Surfacing SF 13,875 $ 5.00 69,375.00$
Play Equipment LS 1 $ 500,000.00 500,000.00$
Barrier Free Ramps EA 6 $ 1,500.00 9,000.00$
Site Furnishings EA 34 $ 2,000.00 68,000.00$
Lighting & Electrical LS 1 $ 75,000.00 75,000.00$
Fence LF 475 $ 25.00 11,875.00$
Trellis EA 2 $ 75,000.00 150,000.00$
Pocket Park - Hardscape Cost 942,336.50$
Attached Green 1 -
Hardscape
Decomposed Granite or Aggregate SF 2,205 $ 5.50 12,127.50$
Stone Slabs EA 42 $ 1,000.00 42,000.00$
Barrier Free Ramps EA 2 $ 1,500.00 3,000.00$
Lighting and Electrical LS 1 $ 10,000.00 10,000.00$
Attached Green 1 - Hardscape Cost 67,127.50$
Attached Green 2 -
Hardscape
Decomposed Granite or Aggregate SF 3,975 $ 5.50 21,862.50$
Stone Slabs EA 51 $ 1,000.00 51,000.00$
Lighting and Electrical LS 1 $ 10,000.00 10,000.00$
Attached Green 2 - Hardscape Cost 82,862.50$
2,695,354.50$
269,535.45$
Total Phase 1 Private Landscape/Hardscape Detail Cost with General Conditions 2,964,889.95$
Sherley Farms Phase 1
Phase 1 Private Landscape/Hardscape Detail
Total Phase 1 Private Landscape/Hardscape Detail Cost
General Conditions (10%)
Water
12" DR-18 LF 13410 95.00$ 1,273,950.00$
16" DR-18 LF 1775 125.00$ 221,875.00$
24" Steel Casing Pipe LF 40 1,000.00$ 40,000.00$
6" Gate Valve EA 30 2,000.00$ 60,000.00$
12" Gate Valve EA 31 4,400.00$ 136,400.00$
16" Butterfly Valve EA 3 10,000.00$ 30,000.00$
Fire Hydrant & Assembly EA 30 7,400.00$ 222,000.00$
Air Release Valve EA 3 20,000.00$ 60,000.00$
Connect To Existing EA 2 5,000.00$ 10,000.00$
Trench Safety LF 15185 1.00$ 15,185.00$
Concrete Blocking LS 1 20,000.00$ 20,000.00$
Ductile Iron Fittings TON 15.2 3,500.00$ 53,200.00$
Water Line Testing LF 15185 5.00$ 75,925.00$
Total Water Cost 2,218,535.00$
Sanitary Sewer
10" PVC LF 1485 102.00$ 151,470.00$
12" PVC LF 750 110.00$ 82,500.00$
21" PVC LF 2130 162.00$ 345,060.00$
24" PVC LF 2500 180.00$ 450,000.00$
20" Fused HDPE LF 8000 175.00$ 1,400,000.00$
4' Manhole EA 4 8,000.00$ 32,000.00$
5' Manhole EA 28 10,000.00$ 280,000.00$
Air Release Valve EA 1 20,000.00$ 20,000.00$
Remove & Replace Driveway EA 11 3,000.00$ 33,000.00$
24" Steel Encasement By Bore LF 280 1,060.00$ 296,800.00$
24" Steel Encasement By Open Cut LF 40 260.00$ 10,400.00$
Lift Station LS 1 2,700,000.00$ 2,700,000.00$
Trench Safety LF 14865 1.00$ 14,865.00$
Sewer Line Testing LF 14865 5.00$ 74,325.00$
Traffic Control LS 1 50,000.00$ 50,000.00$
Easement Acquisition SF 160000 1.00$ 160,000.00$
Total Sanitary Sewer Cost 6,100,420.00$
8,318,955.00$
Sherley Farms Phase 1
Phase 1 380 Agreement Improvements Detail
Total Phase 1 380 Agreement Improvement Detail Cost
1
2
3
4
5
6
7
Phase 1 retaining wall costs are based on a bid received by Wallco Retaining Walls, Inc.
on 09/09/2025.
Phase 1 landscape, hardscape, and amenity costs are based on an estimate received by
Garrison/Jones Landscape Architects received on 1/9/2025.
ROW Value is based on appraisal report File No. A25-1217-06 by Peyo Southwest Realty,
Inc.
Assumptions
Sherley Farms Phase 1
Phase 1 residential water, sanitary sewer, storm, and utility maintenance bond costs are
based on a bid received by KCK Utility Construction on 10/21/2025.
Phase 1 erosion control costs are based on a bid received by Southwest Erosion Control,
prepared on 10/28/2025.
Phase 1 excavation costs are based on a bid received by Sinacola on 10/24/2025.
Phase 1 residential paving costs are based on a bid received by Chris Harp Construction
on 10/14/2025.
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
S
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BOUNDARY EXHIBIT
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT WATER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT SANITARY SEWER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT STORM SEWER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT PAVING IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
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Scale: 1" = 400' June, 2025 SEI Job No. 23-288
MAJOR WATER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 400' June, 2025 SEI Job No. 23-288
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MAJOR SANITARY SEWER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 74
APPENDIX B – BUYER DISCLOSURES
Forms of the buyer disclosures for the following Lot Types are found in this appendix:
Improvement Area #1
Initial Parcel
Lot Type 1
Lot Type 2
Lot Type 3
Lot Type 4
[Remainder of page left intentionally blank.]
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
INITIAL PARCEL BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 INITIAL PARCEL PRINCIPAL ASSESSMENT:
$33,950,000.00
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ______________________ and
____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this _________________, 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Installment
Due 1/31 Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 403,000$ 2,037,000$ 169,750$ 40,800$ 2,650,550$
2028 428,000$ 2,012,820$ 167,735$ 41,616$ 2,650,171$
2029 455,000$ 1,987,140$ 165,595$ 42,448$ 2,650,183$
2030 484,000$ 1,959,840$ 163,320$ 43,297$ 2,650,457$
2031 514,000$ 1,930,800$ 160,900$ 44,163$ 2,649,863$
2032 547,000$ 1,899,960$ 158,330$ 45,046$ 2,650,336$
2033 582,000$ 1,867,140$ 155,595$ 45,947$ 2,650,682$
2034 618,000$ 1,832,220$ 152,685$ 46,866$ 2,649,771$
2035 658,000$ 1,795,140$ 149,595$ 47,804$ 2,650,539$
2036 699,000$ 1,755,660$ 146,305$ 48,760$ 2,649,725$
2037 744,000$ 1,713,720$ 142,810$ 49,735$ 2,650,265$
2038 791,000$ 1,669,080$ 139,090$ 50,730$ 2,649,900$
2039 842,000$ 1,621,620$ 135,135$ 51,744$ 2,650,499$
2040 895,000$ 1,571,100$ 130,925$ 52,779$ 2,649,804$
2041 953,000$ 1,517,400$ 126,450$ 53,835$ 2,650,685$
2042 1,013,000$ 1,460,220$ 121,685$ 54,911$ 2,649,816$
2043 1,078,000$ 1,399,440$ 116,620$ 56,010$ 2,650,070$
2044 1,147,000$ 1,334,760$ 111,230$ 57,130$ 2,650,120$
2045 1,221,000$ 1,265,940$ 105,495$ 58,272$ 2,650,707$
2046 1,299,000$ 1,192,680$ 99,390$ 59,438$ 2,650,508$
2047 1,382,000$ 1,114,740$ 92,895$ 60,627$ 2,650,262$
2048 1,471,000$ 1,031,820$ 85,985$ 61,839$ 2,650,644$
2049 1,565,000$ 943,560$ 78,630$ 63,076$ 2,650,266$
2050 1,665,000$ 849,660$ 70,805$ 64,337$ 2,649,802$
2051 1,772,000$ 749,760$ 62,480$ 65,624$ 2,649,864$
2052 1,886,000$ 643,440$ 53,620$ 66,937$ 2,649,997$
2053 2,007,000$ 530,280$ 44,190$ 68,275$ 2,649,745$
2054 2,137,000$ 409,860$ 34,155$ 69,641$ 2,650,656$
2055 2,274,000$ 281,640$ 23,470$ 71,034$ 2,650,144$
2056 2,420,000$ 145,200$ 12,100$ 72,454$ 2,649,754$
Total 33,950,000$ 40,523,640$ 3,376,970$ 1,655,175$ 79,505,785$
Footnotes:
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or
other available offsets could increase or decrease the amounts shown.
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 INITIAL PARCEL
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
LOT TYPE 1 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 1 PRINCIPAL ASSESSMENT: $67,569.66
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 802.08$ 4,054.18$ 337.85$ 81.20$ 5,275.31$
2028 851.84$ 4,006.05$ 333.84$ 82.83$ 5,274.56$
2029 905.57$ 3,954.94$ 329.58$ 84.48$ 5,274.58$
2030 963.29$ 3,900.61$ 325.05$ 86.17$ 5,275.12$
2031 1,023.00$ 3,842.81$ 320.23$ 87.90$ 5,273.94$
2032 1,088.68$ 3,781.43$ 315.12$ 89.65$ 5,274.88$
2033 1,158.34$ 3,716.11$ 309.68$ 91.45$ 5,275.57$
2034 1,229.99$ 3,646.61$ 303.88$ 93.28$ 5,273.76$
2035 1,309.60$ 3,572.81$ 297.73$ 95.14$ 5,275.29$
2036 1,391.20$ 3,494.24$ 291.19$ 97.05$ 5,273.67$
2037 1,480.76$ 3,410.77$ 284.23$ 98.99$ 5,274.74$
2038 1,574.30$ 3,321.92$ 276.83$ 100.97$ 5,274.02$
2039 1,675.81$ 3,227.46$ 268.96$ 102.98$ 5,275.21$
2040 1,781.29$ 3,126.91$ 260.58$ 105.04$ 5,273.82$
2041 1,896.73$ 3,020.04$ 251.67$ 107.15$ 5,275.58$
2042 2,016.14$ 2,906.23$ 242.19$ 109.29$ 5,273.85$
2043 2,145.51$ 2,785.26$ 232.11$ 111.48$ 5,274.35$
2044 2,282.84$ 2,656.53$ 221.38$ 113.70$ 5,274.45$
2045 2,430.12$ 2,519.56$ 209.96$ 115.98$ 5,275.62$
2046 2,585.36$ 2,373.75$ 197.81$ 118.30$ 5,275.23$
2047 2,750.55$ 2,218.63$ 184.89$ 120.66$ 5,274.74$
2048 2,927.69$ 2,053.60$ 171.13$ 123.08$ 5,275.50$
2049 3,114.77$ 1,877.94$ 156.49$ 125.54$ 5,274.74$
2050 3,313.80$ 1,691.05$ 140.92$ 128.05$ 5,273.82$
2051 3,526.76$ 1,492.22$ 124.35$ 130.61$ 5,273.94$
2052 3,753.65$ 1,280.62$ 106.72$ 133.22$ 5,274.21$
2053 3,994.47$ 1,055.40$ 87.95$ 135.89$ 5,273.71$
2054 4,253.21$ 815.73$ 67.98$ 138.60$ 5,275.52$
2055 4,525.87$ 560.54$ 46.71$ 141.38$ 5,274.50$
2056 4,816.45$ 288.99$ 24.08$ 144.20$ 5,273.73$
Total 67,569.66$ 80,652.98$ 6,721.08$ 3,294.24$ 158,237.96$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change
upon PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,
or other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 1
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
LOT TYPE 2 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 2 PRINCIPAL ASSESSMENT: $75,077.40
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 891.20$ 4,504.64$ 375.39$ 90.23$ 5,861.46$
2028 946.48$ 4,451.17$ 370.93$ 92.03$ 5,860.62$
2029 1,006.19$ 4,394.38$ 366.20$ 93.87$ 5,860.64$
2030 1,070.32$ 4,334.01$ 361.17$ 95.75$ 5,861.25$
2031 1,136.67$ 4,269.79$ 355.82$ 97.66$ 5,859.94$
2032 1,209.64$ 4,201.59$ 350.13$ 99.62$ 5,860.98$
2033 1,287.04$ 4,129.01$ 344.08$ 101.61$ 5,861.75$
2034 1,366.65$ 4,051.79$ 337.65$ 103.64$ 5,859.73$
2035 1,455.11$ 3,969.79$ 330.82$ 105.71$ 5,861.43$
2036 1,545.78$ 3,882.49$ 323.54$ 107.83$ 5,859.63$
2037 1,645.29$ 3,789.74$ 315.81$ 109.98$ 5,860.82$
2038 1,749.23$ 3,691.02$ 307.59$ 112.18$ 5,860.02$
2039 1,862.01$ 3,586.07$ 298.84$ 114.43$ 5,861.34$
2040 1,979.21$ 3,474.35$ 289.53$ 116.72$ 5,859.81$
2041 2,107.47$ 3,355.59$ 279.63$ 119.05$ 5,861.75$
2042 2,240.16$ 3,229.15$ 269.10$ 121.43$ 5,859.83$
2043 2,383.90$ 3,094.74$ 257.89$ 123.86$ 5,860.39$
2044 2,536.49$ 2,951.70$ 245.98$ 126.34$ 5,860.50$
2045 2,700.13$ 2,799.51$ 233.29$ 128.86$ 5,861.80$
2046 2,872.62$ 2,637.51$ 219.79$ 131.44$ 5,861.36$
2047 3,056.17$ 2,465.15$ 205.43$ 134.07$ 5,860.82$
2048 3,252.99$ 2,281.78$ 190.15$ 136.75$ 5,861.66$
2049 3,460.86$ 2,086.60$ 173.88$ 139.49$ 5,860.83$
2050 3,682.00$ 1,878.95$ 156.58$ 142.28$ 5,859.80$
2051 3,918.62$ 1,658.03$ 138.17$ 145.12$ 5,859.94$
2052 4,170.72$ 1,422.91$ 118.58$ 148.03$ 5,860.23$
2053 4,438.30$ 1,172.67$ 97.72$ 150.98$ 5,859.67$
2054 4,725.79$ 906.37$ 75.53$ 154.00$ 5,861.69$
2055 5,028.75$ 622.82$ 51.90$ 157.09$ 5,860.56$
2056 5,351.61$ 321.10$ 26.76$ 160.23$ 5,859.69$
Total 75,077.40$ 89,614.42$ 7,467.87$ 3,660.27$ 175,819.96$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change
upon PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service
Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest
earnings, or other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 2
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1 LOT
TYPE 3 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 3 PRINCIPAL ASSESSMENT: $90,092.88
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment Due[b]
2027 1,069.44$ 5,405.57$ 450.46$ 108.27$ 7,033.75$
2028 1,135.78$ 5,341.41$ 445.12$ 110.44$ 7,032.74$
2029 1,207.43$ 5,273.26$ 439.44$ 112.64$ 7,032.77$
2030 1,284.39$ 5,200.81$ 433.40$ 114.90$ 7,033.50$
2031 1,364.00$ 5,123.75$ 426.98$ 117.20$ 7,031.92$
2032 1,451.57$ 5,041.91$ 420.16$ 119.54$ 7,033.18$
2033 1,544.45$ 4,954.82$ 412.90$ 121.93$ 7,034.10$
2034 1,639.98$ 4,862.15$ 405.18$ 124.37$ 7,031.68$
2035 1,746.13$ 4,763.75$ 396.98$ 126.86$ 7,033.72$
2036 1,854.93$ 4,658.98$ 388.25$ 129.39$ 7,031.56$
2037 1,974.35$ 4,547.69$ 378.97$ 131.98$ 7,032.99$
2038 2,099.07$ 4,429.23$ 369.10$ 134.62$ 7,032.02$
2039 2,234.41$ 4,303.28$ 358.61$ 137.31$ 7,033.61$
2040 2,375.06$ 4,169.22$ 347.43$ 140.06$ 7,031.77$
2041 2,528.97$ 4,026.71$ 335.56$ 142.86$ 7,034.10$
2042 2,688.19$ 3,874.98$ 322.91$ 145.72$ 7,031.80$
2043 2,860.68$ 3,713.68$ 309.47$ 148.63$ 7,032.47$
2044 3,043.79$ 3,542.04$ 295.17$ 151.61$ 7,032.61$
2045 3,240.16$ 3,359.42$ 279.95$ 154.64$ 7,034.16$
2046 3,447.15$ 3,165.01$ 263.75$ 157.73$ 7,033.63$
2047 3,667.40$ 2,958.18$ 246.51$ 160.89$ 7,032.98$
2048 3,903.58$ 2,738.13$ 228.18$ 164.10$ 7,034.00$
2049 4,153.03$ 2,503.92$ 208.66$ 167.38$ 7,032.99$
2050 4,418.40$ 2,254.74$ 187.89$ 170.73$ 7,031.76$
2051 4,702.34$ 1,989.63$ 165.80$ 174.15$ 7,031.93$
2052 5,004.87$ 1,707.49$ 142.29$ 177.63$ 7,032.28$
2053 5,325.96$ 1,407.20$ 117.27$ 181.18$ 7,031.61$
2054 5,670.94$ 1,087.64$ 90.64$ 184.81$ 7,034.03$
2055 6,034.50$ 747.39$ 62.28$ 188.50$ 7,032.67$
2056 6,421.94$ 385.32$ 32.11$ 192.27$ 7,031.63$
Total 90,092.88$ 107,537.30$ 8,961.44$ 4,392.33$ 210,983.95$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon
PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or
other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 3
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
LOT TYPE 4 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 4 PRINCIPAL ASSESSMENT: $105,108.36
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 1,247.68$ 6,306.50$ 525.54$ 126.32$ 8,206.04$
2028 1,325.08$ 6,231.64$ 519.30$ 128.84$ 8,204.86$
2029 1,408.67$ 6,152.14$ 512.68$ 131.42$ 8,204.90$
2030 1,498.45$ 6,067.62$ 505.63$ 134.05$ 8,205.75$
2031 1,591.33$ 5,977.71$ 498.14$ 136.73$ 8,203.91$
2032 1,693.50$ 5,882.23$ 490.19$ 139.46$ 8,205.37$
2033 1,801.86$ 5,780.62$ 481.72$ 142.25$ 8,206.45$
2034 1,913.31$ 5,672.51$ 472.71$ 145.10$ 8,203.63$
2035 2,037.15$ 5,557.71$ 463.14$ 148.00$ 8,206.00$
2036 2,164.09$ 5,435.48$ 452.96$ 150.96$ 8,203.48$
2037 2,303.41$ 5,305.63$ 442.14$ 153.98$ 8,205.15$
2038 2,448.92$ 5,167.43$ 430.62$ 157.06$ 8,204.02$
2039 2,606.81$ 5,020.50$ 418.37$ 160.20$ 8,205.88$
2040 2,770.90$ 4,864.09$ 405.34$ 163.40$ 8,203.73$
2041 2,950.46$ 4,697.83$ 391.49$ 166.67$ 8,206.46$
2042 3,136.22$ 4,520.80$ 376.73$ 170.00$ 8,203.76$
2043 3,337.46$ 4,332.63$ 361.05$ 173.41$ 8,204.55$
2044 3,551.08$ 4,132.38$ 344.37$ 176.87$ 8,204.71$
2045 3,780.19$ 3,919.32$ 326.61$ 180.41$ 8,206.52$
2046 4,021.67$ 3,692.51$ 307.71$ 184.02$ 8,205.91$
2047 4,278.64$ 3,451.21$ 287.60$ 187.70$ 8,205.15$
2048 4,554.18$ 3,194.49$ 266.21$ 191.45$ 8,206.33$
2049 4,845.20$ 2,921.24$ 243.44$ 195.28$ 8,205.16$
2050 5,154.80$ 2,630.53$ 219.21$ 199.19$ 8,203.72$
2051 5,486.07$ 2,321.24$ 193.44$ 203.17$ 8,203.91$
2052 5,839.01$ 1,992.07$ 166.01$ 207.24$ 8,204.33$
2053 6,213.62$ 1,641.73$ 136.81$ 211.38$ 8,203.54$
2054 6,616.10$ 1,268.92$ 105.74$ 215.61$ 8,206.37$
2055 7,040.25$ 871.95$ 72.66$ 219.92$ 8,204.78$
2056 7,492.26$ 449.54$ 37.46$ 224.32$ 8,203.57$
Total 105,108.36$ 125,460.19$ 10,455.02$ 5,124.38$ 246,147.94$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon
PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or
other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 4
EXHIBIT B
CITY OF ANNA, TEXAS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the City Council of Anna,
Texas on February 24, 2026 at 6:00 p.m.at the City of Anna Municipal Complex, City Council Chambers,
120 W. 7th Street, Anna, Texas 75409. The public hearing will be held to consider proposed assessments
to be levied against the assessable property within Sherley Farms Public Improvement District (the
“District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended
(the “Act”).
The general nature of the proposed public improvements (collectively, the "Authorized Improvements")
may include: (i) street and roadway improvements, including related sidewalks, drainage, utility
relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii)
establishment or improvement of parks and open space, together with the design, construction of any
ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar
items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains,
lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage
improvements and facilities and facilities related thereto; (v) acquisition of real property, interests in real
property, or contract rights in connection with the Authorized Improvements (as defined below); (vi)
payment of costs, including, without limitation, design, engineering, permitting, legal, required payment,
performance and maintenance bonds, bidding, support, construction, construction management,
administrative and inspection costs, associated with developing and financing the public improvements
listed in (i) through (v) above; (vii) projects similar to those listed in subsections (i) - (v) above or
authorized by the Act, including similar off-site projects that provide a benefit to the property within the
District; (viii) any additional improvement projects authorized in the Act; (ix) payment of costs associated
with special supplemental services for improvement and promotion of the District as approved by the City
including services related to advertising, promotion, health and sanitation, water and wastewater, public
safety, security, business recruitment, development, recreation, and cultural enhancement; and (x)
payment of costs associated with developing and financing the public improvements listed in (i) - (ix)
above, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for
the purposes described in (i) through (ix) above, and costs of establishing, administering and operating the
District (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the
establishment, administration, and operation of the District, including maintenance costs, costs of
issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds
issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the
interests of the City and confer a special benefit upon the property in the District.
The total costs of the Improvement Area #1 Projects, including the costs of creating the District and
issuing the bonds, is approximately $33,950,000.
The boundaries of the District include approximately 1,123.592 acres of land located within the city limits
of the City and as more particularly described by a metes and bounds description available for public
inspection at the office of the City Secretary, 120 W. 7th Street, Anna, Texas 75409.
All written or oral objections on the proposed assessment within the District will be considered at the
public hearing.
A copy of the Improvement Area #1 Assessment Roll (the "Assessment Roll"), which Assessment Roll
includes the assessments to be levied against each parcel of assessable property in Improvement Area #1
of the District for the Authorized Improvements within Improvement Area #1, is available for public
inspection at the office of the City Secretary, 120 W.7th Street, Anna, Texas 75409.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 0
Sherley Farms
Public Improvement District
PRELIMINARY SERVICE AND ASSESSMENT PLAN
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
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TABLE OF CONTENTS
Table of Contents ............................................................................................................................ 1
Introduction .................................................................................................................................... 3
Section I: Definitions ....................................................................................................................... 4
Section II: The District ................................................................................................................... 11
Section III: Authorized Improvements .......................................................................................... 11
Section IV: Service Plan ................................................................................................................. 13
Section V: Assessment Plan .......................................................................................................... 13
Section VI: Terms of the Assessments .......................................................................................... 17
Section VII: Assessment Roll ......................................................................................................... 23
Section VIII: Additional Provisions ................................................................................................ 24
Exhibits .......................................................................................................................................... 26
Appendices .................................................................................................................................... 27
Exhibit A-1 – Map of the District ................................................................................................... 28
Exhibit A-2 – Map of Improvement Area #1 ................................................................................. 29
Exhibit A-3 - Improvement Area #1 Lot Type Classification Map ................................................. 30
Exhibit B – Project Costs ............................................................................................................... 31
Exhibit C – Service Plan ................................................................................................................. 32
Exhibit D – Sources and Uses of Funds ......................................................................................... 33
Exhibit E – Maximum Assessment and Tax Rate Equivalant ........................................................ 34
Exhibit F-1 – Improvement Area #1 Assessment Roll ................................................................... 35
Exhibit F-2 – Improvement Area #1 Annual Installments ............................................................. 36
Exhibit G-1 – Maps of Major Improvements ................................................................................ 37
Exhibit G-2 – Maps of Improvement Area #1 Improvements ...................................................... 39
Exhibit H – TIRZ No. 9 Annual Credit Amount by Lot Type ........................................................... 43
Exhibit I – Form of Notice of Assessment Termination ................................................................ 44
Exhibit J – Debt Service Schedule for Improvement Area #1 Bonds ............................................ 47
Exhibit K-1 – District Legal Description ......................................................................................... 48
Exhibit K-2 – Improvement Area #1 Legal Description ................................................................. 53
Appendix A – Engineer’s Report ................................................................................................... 57
Appendix B – Buyer Disclosures .................................................................................................... 74
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Sherley Farms Public Improvement District - Improvement Area #1 Initial Parcel Buyer
Disclosure ...................................................................................................................................... 75
Sherley Farms Public Improvement District - Improvement Area #1 Lot Type 1 Buyer Disclosure
....................................................................................................................................................... 81
Sherley Farms Public Improvement District - Improvement Area #1 Lot Type 2 Buyer Disclosure
....................................................................................................................................................... 87
Sherley Farms Public Improvement District Improvement Area #1 Lot Type 3 Buyer Disclosure 93
Sherley Farms Public Improvement District - Improvement Area #1 Lot Type 4 Buyer Disclosure
....................................................................................................................................................... 99
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INTRODUCTION
Capitalized terms used in this Service and Assessment Plan shall have the meanings given to them
in Section I unless otherwise defined in this Service and Assessment Plan or unless the context in
which a term is used clearly requires a different meaning. Unless otherwise defined, a reference
to a “Section,” an “Exhibit,” or an “Appendix” shall be a reference to a Section of this Service and
Assessment Plan or an Exhibit or Appendix attached to and made a part of this Service and
Assessment Plan for all purposes.
On March 25, 2025, the City Council passed and approved Resolution No. 2025-03-1753
authorizing the establishment of the District in accordance with the PID Act, which authorization
was effective upon approval in accordance with the PID Act. The purpose of the District is to
finance the Actual Costs of Authorized Improvements that confer a special benefit on
approximately 1,123.592 acres located within the corporate limits of the City, as described by the
legal description on Exhibit K-1 and depicted on Exhibit A-1.
The PID Act requires a service plan must (i) cover a period of at least five years; (ii) define the
annual indebtedness and projected cost of the Authorized Improvements; and (iii) include a copy
of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service
Plan is contained in Section IV and the notice form is attached as Appendix B.
The PID Act requires that the Service Plan include an Assessment Plan that assesses the Actual
Costs of the Authorized Improvements against the Assessed Property within the District based
on the special benefits conferred on such property by the Authorized Improvements. The
Assessment Plan is contained in Section V.
The PID Act requires an Assessment Roll that states the Assessment against each Parcel
determined by the method chosen by the City Council. The Assessment against each Parcel of
Assessed Property must be sufficient to pay the share of the Actual Costs of the Authorized
Improvements apportioned to such Parcel and cannot exceed the special benefit conferred on
the Parcel by such Authorized Improvements. The Improvement Area #1 Assessment Roll is
included as Exhibit F-1.
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SECTION I: DEFINITIONS
“2026 Assessment Ordinance” means an Assessment Ordinance approved and adopted by the
City Council on February 24, 2026, which levied the Improvement Area #1 Assessment against
Improvement Area #1 Assessed Property, and approved this Service and Assessment Plan.
“Actual Costs” mean, with respect to Authorized Improvements, the actual costs paid or incurred
by or on behalf of the Developer, (either directly or through affiliates), including: (1) the costs for
the design, planning, financing, administration/management, acquisition, installation,
construction and/or implementation of such Authorized Improvements; (2) the fees paid for
obtaining permits, licenses, or other governmental approvals for such Authorized Improvements;
(3) the costs for external professional services, such as engineering, geotechnical, surveying, land
planning, architectural landscapers, appraisals, legal, accounting, and similar professional
services; (4) the costs for all labor, bonds, and materials, including equipment and fixtures, owing
to contractors, builders, and materialmen engaged in connection with the acquisition,
construction, or implementation of the Authorized Improvements; (5) all related permitting and
public approval expenses, and architectural, engineering, consulting, and other governmental
fees and charges; and (6) costs to implement, administer, and manage the above-described
activities including, but not limited to, a construction management fee equal to four percent (4%)
of construction costs if managed by or on behalf of the Developer.
“Additional Interest” means the amount collected by the application of the Additional Interest
Rate.
“Additional Interest Rate” means the up to 0.50% additional interest rate that may be charged
on Assessments securing PID Bonds pursuant to Section 372.018 of the PID Act
“Administrator” means the City or independent firm designated by the City who shall have the
responsibilities provided in this Service and Assessment Plan, any Indenture, or any other
agreement or document approved by the City related to the duties and responsibilities of the
administration of the District. The initial Administrator is P3Works, LLC.
“Annual Collection Costs” mean the actual or budgeted costs and expenses related to the
operation of the District, including, but not limited to, costs and expenses for: (1) the
Administrator; (2) City staff; (3) legal counsel, engineers, accountants, financial advisors, and
other consultants engaged by the City; (4) calculating, collecting, and maintaining records with
respect to Assessments and Annual Installments; (5) preparing and maintaining records with
respect to Assessment Rolls and Annual Service Plan Updates; (6) paying and redeeming PID
Bonds; (7) investing or depositing Assessments and Annual Installments; (8) complying with this
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Service and Assessment Plan, the PID Act, and any Indenture, with respect to the PID Bonds,
including the City’s continuing disclosure requirements; and (9) the paying agent/registrar and
Trustee in connection with PID Bonds, including their respective legal counsel. Annual Collection
Costs collected but not expended in any year shall be carried forward and applied to reduce
Annual Collection Costs for subsequent years.
“Annual Installment” means the annual installment payment of an Assessment as calculated by
the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3)
Annual Collection Costs; and (4) Additional Interest related to the PID Bonds, if applicable.
“Annual Service Plan Update” means an update to this Service and Assessment Plan prepared
no less frequently than annually by the Administrator and approved by the City Council.
“Assessed Property” means any Parcel within the District against which an Assessment is levied.
“Assessment” means an assessment levied against Assessed Property to pay the costs of certain
Authorized Improvements as specified herein, which Assessment is imposed pursuant to an
Assessment Ordinance and the provisions herein, as shown on an Assessment Roll, subject to
reallocation upon the subdivision of such Assessed Property or reduction according to the
provisions herein and in the PID Act.
“Assessment Ordinance” means an ordinance adopted by the City Council in accordance with
the PID Act that levies an Assessment on the Assessed Property, as shown on any Assessment
Roll.
“Assessment Plan” means the methodology employed to assess the Actual Costs of the
Authorized Improvements against the Assessed Property based on the special benefits conferred
on such property by the Authorized Improvements, more specifically set forth and described in
Section V.
“Assessment Roll” means any assessment roll for the Assessed Property, including the
Improvement Area #1 Assessment Roll, as updated, modified or amended from time to time in
accordance with the procedures set forth herein and in the PID Act, including in any Annual
Service Plan Updates. The Assessment Roll is included in this Service and Assessment Plan as
Exhibit F-1.
“Authorized Improvements” means the improvements authorized by Section 372.003 of the PID
Act, as further depicted on Exhibit G-1 and Exhibit G-2.
“Bond Issuance Costs” means the costs associated with issuing PID Bonds, including, but not
limited to, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs,
publication costs, capitalized interest, reserve fund requirements, underwriter’s discount, fees
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charged by the Texas Attorney General, and any other cost or expense incurred by the City
directly associated with the issuance of any series of PID Bonds.
“City” means the City of Anna, Texas.
“City Council” means the governing body of the City.
“County” means Collin County, Texas.
“Delinquent Collection Costs” mean costs related to the foreclosure on Assessed Property and
the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other
delinquent amounts due under this Service and Assessment Plan, including penalties and
reasonable attorney’s fees actually paid, but excluding amounts representing interest and
penalty interest.
“Developer” means Tellus Texas III, LLC and Sherley Partners, LTD. and any successors or assigns
that intend to develop property in the District for the ultimate purpose of transferring title to end
users.
“District” means the Sherley Farms Public Improvement District containing approximately
1,123.592 acres located within corporate limits of the City, and more specifically described in
Exhibit K-1 and depicted on Exhibit A-1.
“District Formation Costs” means the costs associated with forming the District, including, but
not limited to, attorney fees, and any other cost or expense incurred by the City directly
associated with the establishment of the District.
“Engineer’s Report” means the report provided by a licensed professional engineer that
describes the Authorized Improvements, including their costs, location, and benefit, and is
attached hereto as Appendix A.
“Estimated Buildout Value” means the estimated value of an Assessed Property with fully
constructed buildings, as provided by the Developer and confirmed by the City Council, by
considering such factors as density, lot size, proximity to amenities, view premiums, location,
market conditions, historical sales, builder contracts, discussions with homebuilders, reports
from third party consultants, or any other factors that, in the judgment of the City, may impact
value. The Estimated Buildout Value for each Lot Type is shown on Exhibit E.
“Improvement Area #1” means approximately 135.00 acres located within the District, more
specifically described in Exhibit K-2 and depicted on Exhibit A-2.
“Improvement Area #1 Annual Installment” means the Annual Installment of the Improvement
Area #1 Assessment as calculated by the Administrator and approved by the City Council, that
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includes: (1) principal; (2) interest; (3) Annual Collection Costs related to Improvement Area #1;
and (4) Additional Interest related to the Improvement Area #1 Bonds, as shown on Exhibit F-2,
which amount may be reduced by the TIRZ No. 9 Annual Credit Amount.
“Improvement Area #1 Assessed Property” means any Parcel within Improvement Area #1
against which an Improvement Area #1 Assessment is levied.
“Improvement Area #1 Assessment” means an Assessment to be levied against Improvement
Area #1 Assessed Property to pay for a portion of the Improvement Area #1 Authorized
Improvements, and imposed pursuant to the 2026 Assessment Ordinance and the provisions
herein, as shown on the Improvement Area #1 Assessment Roll, subject to reallocation or
reduction pursuant to the provisions set forth in Section VI herein and in the PID Act.
“Improvement Area #1 Assessment Roll” means the Assessment Roll for the Improvement Area
#1 Assessed Property, as updated, modified, or amended from time to time in accordance with
the procedures set forth herein and in the PID Act, including any updates prepared in connection
with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #1
Assessment Roll is included in this Service and Assessment Plan as Exhibit F-1.
“Improvement Area #1 Authorized Improvements” means collectively, (1) the Improvement
Area #1 Improvements; (2) the first year’s Annual Collection Costs related to the Improvement
Area #1 Bonds; and (3) Bond Issuance Costs incurred in connection with the issuance of
Improvement Area #1 Bonds.
“Improvement Area #1 Bonds” means those certain “City of Anna, Texas, Special Assessment
Revenue Bonds, Series 2026 (Sherley Farms Public Improvement District Improvement Area #1
Project)” that shall be secured primarily by Improvement Area #1 Assessments.
“Improvement Area #1 Improvements” means the Authorized Improvements which only benefit
the Improvement Area #1 Assessed Property, as further described in Section III and depicted on
Exhibit G-2.
“Improvement Area #1 Initial Parcel” means all of the Improvement Area #1 Assessed Property
against which the entire Improvement Area #1 Assessment is levied, as shown on the
Improvement Area #1 Assessment Roll as shown on Exhibit F-1.
“Improvement Area #1 Major Improvements” means the portion of the Major Improvements to
be completed concurrently with the completion of Lots in Improvement Area #1.
“Indenture” means an Indenture of Trust entered into between the City and the Trustee in
connection with the issuance of each series of PID Bonds, as amended from time to time, setting
forth the terms and conditions related to a series of PID Bonds.
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“Lot” means (1) for any portion of the District for which a final subdivision plat has been recorded
in the Plat or Official Public Records of the County, a tract of land described by “lot” in such
subdivision plat; and (2) for any portion of the District for which a subdivision plat has not been
recorded in the Plat or Official Public Records of the County, a tract of land anticipated to be
described as a “lot” in a final recorded subdivision plat as shown on a concept plan or a
preliminary plat. A “Lot” shall not include real property owned by a government entity, even if
such property is designated as a separate described tract or lot on a recorded subdivision plat.
“Lot Type” means a classification of final building Lots with similar characteristics (e.g. lot size,
home product, Estimated Buildout Value, etc.), as determined at the time of levying the
applicable Assessment and confirmed by the City Council. In the case of single-family residential
Lots, the Lot Type shall be further defined by classifying the residential Lots by the Estimated
Buildout Value of the Lot as provided by the Developer, and confirmed by the City Council, as
shown on Exhibit E.
“Lot Type 1” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 45’
lot. The buyer disclosure for Lot Type 1 is attached as Appendix B.
“Lot Type 2” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 50’
lot. The buyer disclosure for Lot Type 2 is attached as Appendix B.
“Lot Type 3” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 60’
lot. The buyer disclosure for Lot Type 3 is attached as Appendix B.
“Lot Type 4” means a Lot Type within Improvement Area #1 marketed to homebuilders as a 70’
lot. The buyer disclosure for Lot Type 4 is attached as Appendix B.
“Major Improvements” means those Authorized Improvements that confer a special benefit to
all of the Assessed Property and Remainder Area within the District, as depicted on Exhibit G-1.
“Maximum Assessment” means, for each Lot, an Assessment equal to the lesser of (1) the
amount calculated pursuant to Section VI.A, or (2) for each Lot Type, the amount shown on
Exhibit E.
“Non-Assessed Property” means Parcels within the boundaries of the District that accrue special
benefit from the Authorized Improvements as determined by the City Council but are not
assessed.
“Notice of Assessment Termination” means a document that shall be recorded in the Official
Public Records of the County evidencing the termination of an Assessment, a form of which is
attached as Exhibit I.
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“Parcel” or “Parcels” means a specific property within the District identified by either a tax parcel
identification number assigned by the Collin Central Appraisal District for real property tax
purposes, by legal description, or by lot and block number in a final subdivision plat recorded in
the Official Public Records of the County, or by any other means determined by the City.
“PID Act” means Chapter 372, Texas Local Government Code, as amended.
“PID Bonds” means any bonds issued by the City in one or more series and secured in whole or
in part by Assessments.
“Prepayment” means the payment of all or a portion of an Assessment before the due date of
the final Annual Installment thereof. Amounts received at the time of a Prepayment which
represent a payment of principal, interest, or penalties on a delinquent installment of an
Assessment are not to be considered a Prepayment, but rather are to be treated as the payment
of the regularly scheduled Annual Installment.
“Prepayment Costs” means interest, including Additional Interest and Annual Collection Costs,
to the date of Prepayment.
“Private Improvements” means those certain improvements benefitting the District,
constructed and paid for by the Developer and not reimbursable from Assessments or PID Bonds,
as further described on Exhibit B.
“Remainder Area” means approximately 988.592 acres located within the District and entirely
outside of Improvement Area #1, to be developed as one or more future improvement areas.
“Service and Assessment Plan” means this Sherley Farms Public Improvement District Service
and Assessment Plan as updated, amended, or supplemented from time to time.
“Service Plan” means the plan described in Section IV which covers a period of at least five years
and defines the annual indebtedness and projected costs of the Authorized Improvements.
"TIRZ No. 9” means Reinvestment Zone Number Nine, City of Anna, Texas.
"TIRZ No. 9 Agreement" means that future TIRZ reimbursement agreement to be entered into
by the Developer and the City.
"TIRZ No. 9 Annual Credit Amount" means, for each lot type, the amount calculated pursuant to
Section V.F, which amount shall not annually exceed the TIRZ No. 9 Maximum Annual Credit
Amount, and which shall be transferred from the TIRZ No. 9 Fund to the applicable pledged
revenue fund pursuant to the TIRZ No. 9 Agreement and used to pay a portion of principal and
interest related to the PID Bonds, but which shall not be pledged to secure the PID Bonds.
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"TIRZ No. 9 Plan" means the Reinvestment Zone Number Nine, City of Anna, Texas Final Project
and Financing Plan, to be approved by City Council prior to the issuance of PID Bonds.
"TIRZ No. 9 Fund" means the tax increment fund created pursuant to the TIRZ No. 9 Ordinance
where TIRZ No. 9 Revenues are deposited annually.
“TIRZ No. 9 Maximum Annual Credit Amount” means for each Lot Type, the amount of TIRZ No.
9 Revenues that results in an equivalent tax rate equal to $1.35 per $100 of assessed value for
such Lot Type taking into consideration the equivalent tax rate of the applicable Annual
Installment, based on Estimated Buildout Value of such Lot Type at the time the City Council
approves the applicable Assessment Ordinance levying the applicable Assessment, as further
described in Section V.F and shown on Exhibit H. The Estimated Buildout Values for each Lot
Type are shown on Exhibit E.
"TIRZ No. 9 Ordinance" means Ordinance No. __________ adopted by the City Council on
February 24, 2025, approving the TIRZ No. 9 Plan and authorizing the use of TIRZ No. 9 Revenues
for project costs under the Chapter 311, Texas Tax Code as amended, and related to certain public
improvements as provided for in the TIRZ No. 9 Plan.
"TIRZ No. 9 Revenues" mean, for each year, the amounts which are deposited in the TIRZ No. 9
Fund pursuant to the TIRZ No. 9 Ordinance, the TIRZ No. 9 Plan, and the TIRZ No. 9 Agreement.
“Trustee” means the trustee or successor trustee under an Indenture.
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SECTION II: THE DISTRICT
The District includes approximately 1,123.592 contiguous acres located within the corporate
limits of the City, the boundaries of which are more particularly described on Exhibit K-1 and
depicted on Exhibit A-1. Development of the District is anticipated to include approximately (i)
2,578 residential units (including 120 townhomes) to be developed by Tellus Texas III, LLC and 7
single-family units, 55 cottage homes, 400 multifamily units, and 260,000 square feet of
commercial space to be developed by Sherley Partners, Ltd..
Improvement Area #1 includes approximately 135 contiguous acres located within the corporate
limits of the City, the boundaries of which are more particularly described on Exhibit K-2 and
depicted on Exhibit A-2. Development of Improvement Area #1 is anticipated to include
approximately 418 Lots developed with single-family homes (76 single-family homes that are on
Lots classified as Lot Type 1, 166 single-family homes that are on Lots classified as Lot Type 2, 143
single-family homes that are on Lots classified as Lot Type 3, and 33 single-family homes that are
on Lots classified as Lot Type 4.)
SECTION III: AUTHORIZED IMPROVEMENTS
Based on information provided by the Developer and their engineers and reviewed by the City
staff and by third-party consultants retained by the City, the City has determined that the
Authorized Improvements confer a special benefit on the Assessed Property. Authorized
Improvements will be designed and constructed in accordance with the City’s standards and
specifications and will be owned and operated by the City. The budget for the Authorized
Improvements is shown on Exhibit B.
A. Improvement Area #1 Improvements
Streets
Improvements including subgrade stabilization, concrete and reinforcing steel for
roadways, asphalt pavement for roadways, turn lanes, pavers, stamping and staining of
concrete, sidewalks, testing, handicap ramps, and streetlights. All related earthwork,
excavation, erosion control, intersections, signage, traffic control, maintenance bonds,
lighting and re-vegetation/landscaping of all disturbed areas are included. The street
improvements will provide benefit to each Lot within Improvement Area #1.
Water
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Improvements including trench excavation and embedment, trench safety, PVC piping,
valves, fire hydrants, service connections, meter boxes, testing, related earthwork,
excavation, erosion control and all necessary appurtenances required to provide water
service to all Lots within Improvement Area #1.
Sewer
Improvements including trench excavation and embedment, trench safety, PVC piping,
encasement pipe, boring, manholes, service connections, testing, related earthwork,
excavation, erosion control and all necessary appurtenances required to provide
wastewater service to all Lots within Improvement Area #1.
Storm Drainage
Improvements including earthen channels, swales, ponds curb and inlets, RCP piping and
boxes, headwalls, concrete flumes, manholes, junction boxes, rock rip rap, concrete
outfalls, and testing as well as all related earthwork, excavation, erosion control and all
necessary appurtenances required to provide storm drainage for all Lots within
Improvement Area #1.
Right of Way
Includes right-of-way required to provide street improvements for all Lots within
Improvement Area #1.
Soft Costs
Costs related to designing, constructing, and installing the Improvement Area #1
Improvements including land planning and design, City fees, engineering, landscape
design, soil testing, environmental testing, survey, construction management,
contingency, legal fees, and consultant fees.
B. Bond Issuance Costs
Debt Service Reserve Fund
Equals the amount to be deposited in a debt service reserve fund under an applicable
Indenture in connection with the issuance of PID Bonds.
Capitalized Interest
Equals the amount required to be deposited for the purpose of paying capitalized interest
on a series of PID Bonds under an applicable Indenture in connection with the issuance of
such PID Bonds.
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 13
Underwriter’s Discount
Equals a percentage of the par amount of a particular series of PID Bonds related to the
costs of underwriting such PID Bonds, including the fee of counsel to the Underwriter.
Cost of Issuance
Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer
fees, attorney’s fees, financial advisory fees, consultant fees, appraisal fees, printing
costs, publication costs, City’s costs, fees charged by the Texas Attorney General, and any
other cost or expense directly associated with the issuance of PID Bonds.
C. Other Costs
Deposit to Administrative Fund
Equals the amount necessary to fund the first year’s Annual Collection Costs for a
particular series of PID Bonds.
SECTION IV: SERVICE PLAN
The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is
required to define the annual projected costs and indebtedness for the Authorized
Improvements undertaken within the District during the five-year period. The Service Plan is also
required to include a copy of the buyer disclosure notice form required by Section 5.014 of the
Texas Property Code, as amended. The Service Plan must be reviewed and updated in each
Annual Service Plan Update. Exhibit C summarizes the initial Service Plan for Improvement Area
#1. Per the PID Act and Section 5.014 of the Texas Property Code, as amended, this Service and
Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer
disclosure for the District. The buyer disclosures are attached hereto as Appendix B.
Exhibit D summarizes the sources and uses of funds required to construct the Authorized
Improvements and Private Improvements. The sources and uses of funds shown on Exhibit D
shall be updated in an Annual Service Plan Update
SECTION V: ASSESSMENT PLAN
The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the
Assessed Property based on the special benefit received from the Authorized Improvements. The
PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot;
(2) according to the value of property as determined by the City Council, with or without regard
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 14
to improvements constructed on the property; or (3) in any other manner approved by the City
Council that results in imposing equal shares of such costs on property similarly benefited. The
PID Act further provides that the City Council may establish by ordinance or order reasonable
classifications and formulas for the apportionment of the cost between the City and the area to
be assessed and the methods of assessing the special benefits for various classes of
improvements.
This section of this Service and Assessment Plan describes the special benefit received by each
Parcel within the District as a result of the Authorized Improvements and provides the basis and
justification for the determination that this special benefit equals or exceeds the amount of the
Assessments to be levied on the Assessed Property for such Authorized Improvements.
The determination by the City Council of the assessment methodologies set forth below is the
result of the discretionary exercise by the City Council of its legislative authority and
governmental powers and is conclusive and binding on the Owners, Developer, and all future
owners and developers of the Assessed Property.
A. Assessment Methodology
Acting in its legislative capacity and based on information provided by the Developer and its
engineers and reviewed by the City staff and by third-party consultants retained by the City, the
City Council has determined that the costs of the Authorized Improvements shall be allocated as
follows:
At the time of adoption of the 2026 Assessment Ordinance, the costs of the Improvement
Area #1 Major Improvements were determined to be funded from other sources such as
impact fees and private funding. The portion of Major Improvements to be constructed
in the future and benefiting the Remainder Area (or individual distinct portions thereof
to be developed) are expected to be funded from impacts fees and private funding but
may be assessed at a later date as provided in an amendment to this Service and
Assessment Plan.
By the adoption of the 2026 Assessment Ordinance, the costs of the reimbursable
Improvement Area #1 Authorized Improvements are allocated to each Parcel within
Improvement Area #1 based on the ratio of the Estimated Buildout Value of each Parcel
designated as Improvement Area #1 Assessed Property to the Estimated Buildout Value
of all Improvement Area #1 Assessed Property. Currently, the Improvement Area #1 Initial
Parcel is the only Parcel within Improvement Area #1, and as such, the Improvement Area
#1 Initial Parcel is allocated 100% of the Improvement Area #1 Authorized Improvements.
B. Assessments
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 15
By the adoption of the 2026 Assessment Ordinance, the Improvement Area #1 Assessment shall
be levied on the Improvement Area #1 Initial Parcel are in the amount shown on the
Improvement Area #1 Assessment Roll, attached hereto as Exhibit F-1. The projected
Improvement Area #1 Annual Installments are shown on Exhibit F-2. Upon division or subdivision
of the Improvement Area #1 Initial Parcel, the Improvement Area #1 Assessment will be
reallocated pursuant to Section VI.
The Maximum Assessment for each Lot Type is shown on Exhibit E. In no case will the Assessment
for Lots classified as Lot Type 1, Lot Type 2, Lot Type 3 or Lot Type 4, respectively, exceed the
corresponding Maximum Assessment for each Lot classification.
C. Findings of Special Benefit
Acting in its legislative capacity and based on information provided by the Developer and tis
Engineers and reviewed by the City staff and by third-party consultants retained by the City, the
City Council has found and determined the following:
Improvement Area #1
The costs of the Improvement Area #1 Authorized Improvements equal
$34,055,146 as shown on Exhibit B;
The Improvement Area #1 Assessed Property receives special benefit from the
Improvement Area #1 Authorized Improvements equal to or greater than the
Actual Cost of the Improvement Area #1 Authorized Improvements;
By the adoption of the 2026 Assessment Ordinance, the Improvement Area #1
Initial Parcel is allocated 100% of the Improvement Area #1 Assessment levied for
the Improvement Area #1 Authorized Improvements, which equals $33,950,000
as shown on the Improvement Area #1 Assessment Roll attached hereto as Exhibit
F-1;
The special benefit ($34,055,146) received by the Improvement Area #1 Initial
Parcel from the Improvement Area #1 Authorized Improvements is equal to or
greater than the amount of the Improvement Area #1 Assessment ($33,950,000)
levied on the Improvement Area #1 Initial Parcel for the Improvement Area #1
Authorized Improvements; and
At the time the City Council approved this Service and Assessment Plan, the
Developer owned 100% of the Improvement Area #1 Initial Parcel. The Developer
acknowledged that the Improvement Area #1 Authorized Improvements confer a
special benefit on the Improvement Area #1 Initial Parcel and consents to the
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 16
imposition of the Improvement Area #1 Assessment to pay for the Actual Costs
associated therewith. The Developer ratified, confirmed, accepted, agreed to, and
approved: (1) the determinations and findings by the City Council as to the special
benefits described herein and the 2026 Assessment Ordinance; (2) the Service and
Assessment Plan and the 2026 Assessment Ordinance; and (3) the levying of the
Improvement Area #1 Assessment on the Improvement Area #1 Initial Parcel.
D. Annual Collection Costs
The Annual Collection Costs shall be paid for annually by the owner of each Parcel pro rata based
on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total
outstanding Assessment. The Annual Collection Costs shall be collected as part of and in the same
manner as Annual Installments in the amounts shown on the Assessment Roll, which may be
revised based on Actual Costs incurred in Annual Service Plan Updates.
E. Additional Interest
The interest rate on Assessments securing each respective series of PID Bonds may exceed the
interest rate on each respective series of PID Bonds by the Additional Interest Rate. To the extent
required by any Indenture, Additional Interest shall be collected as part of each Annual
Installment and shall be deposited pursuant to the applicable Indenture.
F. TIRZ No. 9 Annual Credit Amount
The City Council, in accordance with the TIRZ No. 9 Agreement, has agreed to use a portion of
TIRZ No. 9 Revenues generated on a parcel-by-parcel basis from each Assessed Property to offset
a portion of the principal and interest of such property’s Assessment, as applicable.
1. The principal and interest portion of the Improvement Area #1 Annual Installment for an
Assessed Property shall receive a TIRZ No. 9 Annual Credit Amount equal to the TIRZ No. 9
Revenue generated by the Assessed Property for the previous Tax Year (e.g. TIRZ No. 9
Revenue collected from the Assessed Property for Tax Year 2026 shall be applied as the TIRZ
No. 9 Annual Credit Amount applicable to the Assessed Property’s Improvement Area #1
Annual Installment to be collected in Tax Year 2027), but in no event shall the TIRZ No. 9
Annual Credit Amount exceed the TIRZ No. 9 Maximum Annual Credit Amount shown in
Section V.F.2 as calculated on Exhibit H for each Assessed Property.
2. The TIRZ No. 9 Maximum Annual Credit Amount available to reduce the principal and interest
portion of the Improvement Area #1 Annual Installment for an Assessed Property is
calculated for each Lot Type, as shown on Exhibit H. The TIRZ No. 9 Maximum Annual Credit
Amount is calculated so that the average Improvement Area #1 Annual Installment minus the
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PRELIMINARY SERVICE AND ASSESSMENT PLAN 17
TIRZ No. 9 Maximum Annual Credit Amount for each Lot Type does not produce an equivalent
tax rate for such Lot Type which exceeds the competitive, composite equivalent ad valorem
tax rate ($1.35 per $100 of assessed value) taking into consideration the equivalent tax rate
of the Improvement Area #1 Annual Installments based on Estimated Buildout Value at the
time the 2026 Assessment Ordinance is approved. The resulting maximum TIRZ No. 9 Annual
Credit Amount for each Lot Type is shown on Exhibit H.
3. After the TIRZ No. 9 Annual Credit Amount is applied to provide credit towards the principal
and interest portion of the Improvement Area #1 Annual Installment for the Assessed
Property, any excess TIRZ No. 9 Revenues available from the TIRZ No. 9 Fund shall be used in
accordance with the TIRZ No. 9 Plan and the TIRZ No. 9 Agreement.
SECTION VI: TERMS OF THE ASSESSMENTS
Any reallocation of Assessments as described in this Section VI shall be considered an
administrative action of the City and will not be subject to the notice or public hearing
requirements under the PID Act.
A. Reallocation of Assessment s
1. Upon Division Prior to Recording of Subdivision Plat
Upon the division of any Assessed Property (without the recording of a subdivision plat),
the Administrator shall reallocate the Assessment for the Assessed Property prior to the
division among the newly divided Assessed Properties according to the following formula:
A = B x (C ÷ D)
Where the terms have the following meanings:
A = the Assessment for the newly divided Assessed Property
B = the Assessment for the Assessed Property prior to division
C = the Estimated Buildout Value of the newly divided Assessed Property
D = the sum of the Estimated Buildout Value for all of the newly divided Assessed
Properties
The calculation of the Assessment of an Assessed Property shall be performed by the
Administrator and shall be based on the Estimated Buildout Value of that Assessed
Property, as provided by the Developer, relying on information from homebuilders,
market studies, appraisals, Official Public Records of the County, and any other relevant
information regarding the Assessed Property, and such calculation shall be approved by
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 18
the City Council in the immediately following Annual Service Plan Update. The calculation
as confirmed by the City Council shall be conclusive and binding. The Estimated Buildout
Values for Lot Type 1, Lot Type 2, Lot Type 3 and Lot Type 4 are shown on Exhibit E and
will not change in future Annual Service Plan Updates but Exhibit E may be updated in
future Annual Service Plan Updates to account for additional Lot Types.
The sum of the Assessments for all newly divided Assessed Properties shall equal the
Assessment for the Assessed Property prior to subdivision. The calculation shall be made
separately for each newly divided Assessed Property. The reallocation of an Assessment
for an Assessed Property that is a homestead under Texas law may not exceed the
Assessment prior to the reallocation. Any reallocation pursuant to this section shall be
reflected in the Annual Service Plan Update immediately following such reallocation.
2. Upon Subdivision by a Recorded Subdivision Plat
Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the
Administrator shall reallocate the Assessment for the Assessed Property prior to the
subdivision among the new subdivided Lots based on Estimated Buildout Value according
to the following formula:
A = [B x (C ÷ D)]/E
Where the terms have the following meanings:
A = the Assessment for the newly subdivided Lot
B = the Assessment for the Parcel prior to subdivision
C = the sum of the Estimated Buildout Value of all newly subdivided Lots with the
same Lot Type
D = the sum of the Estimated Buildout Value for all of the newly subdivided Lots
excluding Non-Benefitted Property
E= the number of newly subdivided Lots with the same Lot Type
Prior to the recording of a subdivision plat, the Developer shall provide the City an
Estimated Buildout Value as of the date of the recorded subdivision plat for each Lot
created by the recorded subdivision plat. The calculation of the Assessment for a Lot shall
be performed by the Administrator based on Estimated Buildout Value information
provided by the Developer, homebuilders, third party consultants, and/or the Official
Public Records of the County regarding the Lot, and such calculation shall be approved by
the City Council in the immediately following Annual Service Plan Update. The calculation
as confirmed by the City Council shall be conclusive and binding. The Estimated Buildout
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 19
Values for Lot Type 1, Lot Type 2, Lot Type 3, and Lot Type 4 are shown on Exhibit E and
will not change in future Annual Service Plan Updates.
The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment
for the portion of the Assessed Property subdivided prior to subdivision. The calculation
shall be made separately for each newly subdivided Assessed Property. The reallocation
of an Assessment for an Assessed Property that is a homestead under Texas law may not
exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section
shall be reflected in the Annual Service Plan Update immediately following such
reallocation.
3. Upon Consolidation
If two or more Lots or Parcels are consolidated into a single Lot or Parcel, the
Administrator shall allocate the Assessments against the Lots or Parcels before the
consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the
City Council in the next Annual Service Plan Update immediately following such
consolidation. The calculation as confirmed by the City Council shall be conclusive and
binding. The Assessment for any resulting Lot may not exceed the Maximum Assessment
for the applicable Lot Type and compliance may require a mandatory Prepayment of
Assessments pursuant to Section VI.C.
B. Mandatory Prepayment of Assessments
If an Assessed Property or a portion thereof is conveyed to a party that is exempt from payment
of the Assessment under applicable law, or the owner causes a Lot, Parcel or portion thereof to
become Non-Benefitted Property, the owner of such Lot, Parcel or portion thereof shall pay to
the City, or cause to be paid to the City, the full amount of the Assessment, plus all Prepayment
Costs and Delinquent Collection Costs for such Assessed Property, prior to any such conveyance
or act, and no such conveyance shall be effective until the City receives such payment. Following
payment of the foregoing costs in full, the City shall provide the owner with a recordable “Notice
of Assessment Termination,” a form of which is attached hereto as Exhibit I.
C. True-Up of Assessments if Maximum Assessment Exceeded at Plat
Prior to the City approving a final subdivision plat, the Administrator will certify that such plat
will not result in the Assessment per Lot for any Lot Type to exceed the Maximum Assessment. If
the Administrator determines that the resulting Assessment per Lot for any Lot Type will exceed
the Maximum Assessment for that Lot Type, then (1) the Assessment applicable to each Lot Type
shall each be reduced to the Maximum Assessment, and (2) the person or entity filing the plat
shall pay to the City, or cause to be paid to the City, the amount the Assessment was reduced,
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 20
plus Prepayment Costs and Delinquent Collection Costs, if any, prior to the City approving the
final plat. The City’s approval of a plat without payment of such amounts does not eliminate the
obligation of the person or entity filing the plat to pay such amounts. At no time shall the
aggregate Assessments for any Lot exceed the Maximum Assessment.
D. Reduction of Assessment s
If as a result of cost savings or the failure to construct all or a portion of an Authorized
Improvement the Actual Costs of any Authorized Improvements are less than the Assessments,
then (i) in the event PID Bonds have not been issued for the purpose of financing Authorized
Improvements affected by such reduction in Actual Costs, the City Council shall reduce each
Assessment on a pro rata basis such that the sum of the resulting reduced Assessments for all
Assessed Property equals the reduced Actual Costs that were expended, or (ii) in the event that
PID Bonds have been issued for the purpose of financing Authorized Improvements affected by
such reduction in Actual Costs, the Trustee shall apply amounts on deposit in the applicable
account of the project fund created under the Indenture relating to such series of PID Bonds that
are not expected to be used for the purposes of the project fund as directed by the City pursuant
to the terms of such Indenture, and the TIRZ No. 9 Annual Credit Amount will be reduced in the
same proportion as the Assessments. Such excess PID Bond proceeds may be used for any
purpose authorized by such Indenture. The Assessments shall never be reduced to an amount
less than the amount required to pay all outstanding debt service requirements on all
outstanding PID Bonds.
The Administrator shall update (and submit to the City Council for review and approval as part of
the next Annual Service Plan Update) the Assessment Roll and corresponding Annual Installments
to reflect the reduced Assessments.
E. Prep ayment of Assessment s
The owner of any Assessed Property may, at any time, pay all or any part of an Assessment in
accordance with the PID Act. Prepayment Costs, if any, may be paid from a reserve established
under the applicable Indenture. If an Annual Installment has been billed, or the Annual Service
Plan Update has been approved by the City Council prior to the Prepayment, the Annual
Installment shall be due and payable and shall be credited against the Prepayment.
If an Assessment on an Assessed Property is prepaid in full, with Prepayment Costs, (1) the
Administrator shall cause the Assessment to be reduced to zero on said Assessed Property and
the Assessment Roll to be revised accordingly; (2) the Administrator shall prepare the revised
Assessment Roll and submit such revised Assessment Roll to the City Council for review and
approval as part of the next Annual Service Plan Update; (3) the obligation to pay the Assessment
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 21
and corresponding Annual Installments shall terminate with respect to said Assessed Property;
and (4) the City shall provide the owner with a recordable "Notice of Assessment Termination.”
If an Assessment on an Assessed Property is prepaid in part with Prepayment Costs: (1) the
Administrator shall cause the Assessment to be reduced on said Assessed Property and the
Assessment Roll revised accordingly; (2) the Administrator shall prepare the revised Assessment
Roll and submit such revised Assessment Roll to the City Council for review and approval as part
of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment will be
reduced to the extent of the Prepayment made.
F. Payment of Assessment in Annual Installments
Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit F-2
shows the estimated Improvement Area #1 Annual Installments. Annual Installments are subject
to adjustment in each Annual Service Plan Update.
Prior to the recording of a final subdivision plat, if any Parcel shown on the Assessment Roll is
assigned multiple tax parcel identification numbers for billing and collection purposes, the Annual
Installment shall be allocated pro rata based on the acreage of the Parcel not including any Non-
Benefitted Property or Non-Assessed Property, as shown by the Collin Central Appraisal District
for each tax parcel identification number.
The Administrator shall prepare and submit to the City Council for its review and approval an
Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each
Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of
Annual Installments. The Annual Collection Costs for a given Assessment shall be paid by the
owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment
remaining on the Parcel to the total outstanding Assessment. Annual Installments shall be
reduced by any credits applied under an applicable Indenture, such as capitalized interest,
interest earnings on account balances, and any other funds available to the Trustee for such
purposes. Annual Installments shall be collected by the City in the same manner and at the same
time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and
foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad
valorem taxes due and owing to the City. To the extent permitted by the PID Act or other
applicable law, the City Council may provide for other means of collecting Annual Installments,
but in no case shall the City take any action, or fail to take any action, that would cause it to be
in default under any Indenture. Assessments shall have the lien priority specified in the PID Act.
Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien
for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 22
Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay any of
the remaining unpaid Annual Installments as they become due and payable.
The City reserves the right to refund PID Bonds in accordance with applicable law, including the
PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments
so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding
bonds shall constitute “PID Bonds.”
Each Annual Installment of an Assessment, including interest on the unpaid principal of the
Assessment, shall be updated annually. Each Annual Installment shall be due when billed and
shall be delinquent if not paid prior to February 1 of the following year.
Failure of an owner of an Assessed Property to receive an invoice for an Annual Installment shall
not relieve said owner of the responsibility for payment of the Assessment. Assessments, or
Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs.
G. Prepayment as a Result of an Eminent Domain Proceeding or Taking
Subject to applicable law, if any portion of any Parcel of Assessed Property is taken from an owner
as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed
Property is made to an entity with the authority to condemn all or a portion of the Assessed
Property in lieu of or as a part of an eminent domain proceeding (a “Taking”), the portion of the
Assessed Property that was taken or transferred (the “Taken Property”) shall be reclassified as
Non-Benefitted Property.
For the Assessed Property that is subject to the Taking as described in the preceding paragraph,
the Assessment that was levied against the Assessed Property (when it was included in the Taken
Property) prior to the Taking shall remain in force against the remaining Assessed Property (the
Assessed Property less the Taken Property) (the “Remaining Property”), following the
reclassification of the Taken Property as Non-Benefitted Property, subject to an adjustment of
the Assessment applicable to the Remaining Property after any required Prepayment as set forth
below. The owner of the Remaining Property will remain liable to pay, pursuant to the terms of
this Service and Assessment Plan, as updated, and the PID Act, the Assessment that remains due
on the Remaining Property, subject to an adjustment in the Assessment applicable to the
Remaining Property after any required Prepayment as set forth below. Notwithstanding the
foregoing, if the Assessment that remains due on the Remaining Property exceeds the applicable
Maximum Assessment, the owner of the Remaining Property will be required to make a
Prepayment in an amount necessary to ensure that the Assessment against the Remaining
Property does not exceed such Maximum Assessment, in which case the Assessment applicable
to the Remaining Property will be reduced by the amount of the partial Prepayment. If the City
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 23
receives all or a portion of the eminent domain proceeds (or payment made in an agreed sale in
lieu of condemnation), such amount shall be credited against the amount of Prepayment, with
any remainder credited against the Assessment on the Remaining Property.
In all instances the Assessment remaining on the Remaining Property shall not exceed the
applicable Maximum Assessment.
By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100
Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be
reclassified as Non-Benefitted Property and the remaining 90 acres constituting the Remaining
Property shall be subject to the $100 Assessment (provided that this $100 Assessment does not
exceed the Maximum Assessment on the Remaining Property). If the Administrator determines
that the $100 Assessment reallocated to the Remaining Property would exceed the Maximum
Assessment, as applicable, on the Remaining Property by $10, then the owner shall be required
to pay $10 as a Prepayment of the Assessment against the Remaining Property and the
Assessment on the Remaining Property shall be adjusted to $90.
Notwithstanding the previous paragraphs in this subsection, if the owner of the Remaining
Property notifies the City and the Administrator that the Taking prevents the Remaining Property
from being developed for any use which could support the Estimated Buildout Value
requirement, the owner shall, upon receipt of the compensation for the Taken Property, be
required to prepay the amount of the Assessment required to buy down the outstanding
Assessment to the applicable Maximum Assessment on the Remaining Property to support the
Estimated Buildout Value requirement. The owner will remain liable to pay the Assessment on
both the Taken Property and the Remaining Property until such time that such Assessment has
been prepaid in full.
Notwithstanding the previous paragraphs in this subsection, the Assessments shall never be
reduced to an amount less than the amount required to pay all outstanding debt service
requirements on all outstanding PID Bonds.
SECTION VII: ASSESSMENT ROLL
The Improvement Area #1 Assessment Roll is attached as Exhibit F-1. The Administrator shall
prepare and submit to the City Council for review and approval proposed revisions to the
Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each
Parcel as part of each Annual Service Plan Update.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 24
SECTION VIII: ADDITIONAL PROVISIONS
A. Calculation Errors
If the owner of a Parcel claims that an error has been made in any calculation required by this
Service and Assessment Plan, including, but not limited to, any calculation made as part of any
Annual Service Plan Update, the owner’s sole and exclusive remedy shall be to submit a written
notice of error to the Administrator by December 1st of each year following City Council’s
approval of the calculation. Otherwise, the owner shall be deemed to have unconditionally
approved and accepted the calculation. The Administrator shall provide a written response to
the City Council and the owner not later than 30 days after receipt of such written notice of error
by the Administrator. The City Council shall consider the owner’s notice of error and the
Administrator’s response at a public meeting, and, not later than 30 days after closing such
meeting, the City Council shall make a final determination as to whether an error has been made.
If the City Council determines that an error has been made, the City Council shall take such
corrective action as is authorized by the PID Act, this Service and Assessment Plan, the applicable
Assessment Ordinance, the applicable Indenture, or as otherwise authorized by the discretionary
power of the City Council. The determination by the City Council as to whether an error has been
made, and any corrective action taken by the City Council, shall be final and binding on the owner
and the Administrator.
B. Amendments
Amendments to this Service and Assessment Plan must be made by the City Council in
accordance with the PID Act. To the extent permitted by the PID Act, this Service and Assessment
Plan may be amended without notice to owners of the Assessed Property: (1) to correct mistakes
and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect
Assessments, Annual Installments, and other charges imposed by this Service and Assessment
Plan.
C. Administration and Interpretation
The Administrator shall: (1) perform the obligations of the Administrator as set forth in this
Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction
of the City Council; and (3) interpret the provisions of this Service and Assessment Plan.
Interpretations of this Service and Assessment Plan by the Administrator shall be in writing and
shall be appealable to the City Council by owners of Assessed Property adversely affected by the
interpretation. Appeals shall be decided by the City Council after holding a public meeting at
which all interested parties have an opportunity to be heard. Decisions by the City Council shall
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 25
be final and binding on the owners of Assessed Property and developers and their successors and
assigns.
D. Form of Buyer Disclosure/Filing Requirements
Per Section 5.014 of the Texas Property Code, as amended, this Service and Assessment Plan, and
any future Annual Service Plan Updates, shall include a form of the buyer disclosures for the
District. The buyer disclosures are attached hereto as Appendix B. Within seven days of approval
by the City Council, the City shall file and record in the real property records of the County the
executed ordinance of this Service and Assessment Plan, or any future Annual Service Plan
Updates. The executed ordinance, including any attachments, approving this Service an
Assessment Plan or any future Annual Service Plan Updates shall be filed and recorded in their
entirety.
E. Severability
If any provision of this Service and Assessment Plan is determined by a governmental agency or
court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum
extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the
remaining provisions.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 26
EXHIBITS
The following Exhibits are attached to and made a part of this Service and Assessment Plan for
all purposes:
Exhibit A-1 Map of the District
Exhibit A-2 Map of Improvement Area #1
Exhibit A-3 Improvement Area #1 Lot Type Classification Map
Exhibit B Project Costs
Exhibit C Service Plan
Exhibit D Sources and Uses of Funds
Exhibit E Maximum Assessment and Tax Rate Equivalent
Exhibit F-1 Improvement Area #1 Assessment Roll
Exhibit F-2 Improvement Area # 1 Annual Installments
Exhibit G-1 Maps of Major Improvements
Exhibit G-2 Maps of Improvement Area #1 Improvements
Exhibit H TIRZ No. 9 Annual Credit Amount by Lot Type
Exhibit I Form of Notice of Assessment Termination
Exhibit J Debt Service Schedule for Improvement Area #1 Bonds
Exhibit K-1 District Legal Description
Exhibit K-2 Improvement Area #1 Legal Description
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 27
APPENDICES
The following Appendices are attached to and made a part of this Service and Assessment Plan
for all purposes:
Appendix A Engineer’s Report
Appendix B Buyer Disclosures
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 28
EXHIBIT A-1 – MAP OF THE DISTRICT
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 29
EXHIBIT A-2 – MAP OF IMPROVEMENT AREA #1
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 30
EXHIBIT A-3 - IMPROVEMENT AREA #1 LOT TYPE CLASSIFICATION MAP
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 31
EXHIBIT B – PROJECT COSTS
Improvement Area #1 Improvements
Streets[e]9,627,483$ -$ -$ 9,627,483$ 100% 9,627,483$
Water 2,285,898 - - 2,285,898 100% 2,285,898
Sewer 2,797,636 - - 2,797,636 100% 2,797,636
Storm Drainage 3,583,566 - - 3,583,566 100% 3,583,566
Right of Way[j]3,696,000 - - 3,696,000 100% 3,696,000
Soft Costs[i]5,588,068 - - 5,588,068 100% 5,588,068
27,578,651$ -$ -$ 27,578,651$ 27,578,651$
Major Improvements
Improvement Area #1 Major Improvements[h]
Water 2,218,535$ -$ 2,218,535$ -$ 0.0%-$
Sewer 6,100,420 - 6,100,420 - 0.0%-
Soft Costs 3,078,013 - 3,078,013 - 0.0%-
11,396,968$ -$ 11,396,968$ -$ -$
Private Improvements [b]
Parkland Infrastructure/Hardscape/Trails[c][d]3,701,922$ 3,701,922$ -$ -$ 0.0%-$
Private Improvements 3,237,511 3,237,511 - - 0.0%-
6,939,433$ 6,939,433$ -$ -$ -$
Bond Issuance Costs [f]
Debt Service Reserve Fund 2,482,455$ -$ -$ 2,482,455$ 2,482,455$
Capitalized Interest 1,131,667 - - 1,131,667 1,131,667
Underwriter Discount[g]1,018,500 - - 1,018,500 1,018,500
Cost of Issuance 1,763,873 - - 1,763,873 1,763,873
6,396,495$ -$ -$ 6,396,495$ 6,396,495$
Other Costs [f]
Deposit to Administrative Fund 80,000$ -$ -$ 80,000$ 80,000$
80,000$ -$ -$ 80,000$ 80,000$
Footnotes:
[a] Per Engineer's Report attached hereto as Appendix A.
[b] Not reimbursable to the Developer through Assessments or the issuance of PID Bonds.
[c] Unless otherwise approved by the City Council, in the event PID Bonds are not issued, right-of-way acquisition, as defined in Section III.A, shall not be a reimbursable
Authorized Improvement, but instead will be replaced by the Actual Costs of Parkland Infrastructure/Hardscape/Trails.
[d] Unless otherwise approved by the City Council, in the event PID Bonds are issued, the Parkland Infrastructure/Hardscape/Trails, will be replaced by right-of-way acquisition,
which right-of-way acquisition cost shall not exceed (i) the Actual Costs of Parkland Infrastructure/Hardscape/Trails, and (ii) the fair market value supported by an independent
appraisal as required by Section 252.051 of the Texas Local Government Code.
[e] Includes Mass Grading and Final Stabilization Methods.
[f] Preliminary estimates only and subject to change upon the issuance of PID Bonds.
[g] Includes the fee of counsel to the Underwriter.
[h] Improvement Area #1 Major Improvements are improvements that benefit the entire District and shall be completed concurrently with the Improvement Area #1
Improvements, but are not anticipated to be reimbursed from Assessments or PID Bonds. Future Major Improvements shall be included in this Service and Assessment Plan as
they are constructed with future Improvement Areas.
[i] Soft Costs include bonds fees, contingency, engineering, testing, survey, and inspection fees.
[j] Based on Right of Way Appraisal dated January 8, 2026.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 32
EXHIBIT C – SERVICE PLAN
Annual Installment Due 1/61/2026[b]1/31/2027 1/31/2028 1/31/2029 1/31/2030 1/31/2031
Principal -$ 403,000.00$ 428,000.00$ 455,000.00$ 484,000.00$ 514,000.00$
Interest 1,131,667.00 2,037,000.00 2,012,820.00 1,987,140.00 1,959,840.00 1,930,800.00
TIRZ No. 9 Annual Credit Amount[a]- - - - - -
Capitalized Interest (1,131,667.00) - - - - -
(1)-$ 2,440,000.00$ 2,440,820.00$ 2,442,140.00$ 2,443,840.00$ 2,444,800.00$
Additional Interest (2)-$ 169,750.00$ 167,735.00$ 165,595.00$ 163,320.00$ 160,900.00$
Annual Collection Costs (3)-$ 40,800.00$ 41,616.00$ 42,448.00$ 43,297.00$ 44,163.00$
Total Annual Installment Due (4) = (1) + (2) + (3)-$ 2,650,550.00$ 2,650,171.00$ 2,650,183.00$ 2,650,457.00$ 2,649,863.00$
Footnotes:
[a] Each year, the TIRZ No. 9 Revenue generated by each Lot shall be applied to the principal and interest portion of the Annual Installment, up to the Maximum
TIRZ No. 9 Annual Credit Amount. The TIRZ No. 9 Annual Credit Amount shall be updated each year in the Annual Service Plan Update as TIRZ No. 9 Revenue is
generated.
[b] No Assessment collected in 2026 and capitalized interest is contemplated from bond issuance to the 9/15/2026 debt service payment.
Improvement Area #1
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 33
EXHIBIT D – SOURCES AND USES OF FUNDS
Privately Funded Impact Fee Eligible Improvement Area #1 Total
Improvement Area #1 Bonds -$ -$ 33,950,000$ 33,950,000$
Developer Contribution - Improvement Area #1[a]- - 105,146 105,146
Eligible Infrastructure Grant[f]- 11,396,968 - 11,396,968
Developer Contribution - Parkland Infrastructure/Hardscape/Trails[a][b][c]3,701,922 - - 3,701,922
Developer Contribution - Private Improvements[a]3,237,511 - - 3,237,511
Total Sources of Funds 6,939,433$ 11,396,968$ 34,055,146$ 52,391,548$
Improvement Area #1 Major Improvements[f]-$ 11,396,968$ -$ 11,396,968
Improvement Area #1 Improvements - - 27,578,651 27,578,651
Parkland Infrastructure/Hardscape/Trails[a][b][c]3,701,922 - - 3,701,922
Private Improvements[a]3,237,511 - - 3,237,511
6,939,433$ 11,396,968$ 27,578,651$ 45,915,053$
Bond Issuance Costs [d]
Debt Service Reserve Fund -$ -$ 2,482,455$ 2,482,455$
Capitalized Interest - - 1,131,667 1,131,667
Underwriter Discount[e]- - 1,018,500 1,018,500
Cost of Issuance - - 1,763,873 1,763,873
-$ -$ 6,396,495.00$ 6,396,495$
Other Costs [d]
Deposit to Administrative Fund -$ -$ 80,000$ 80,000$
-$ -$ 80,000.00$ 80,000$
Total Uses of Funds 6,939,433$ 11,396,968$ 34,055,146$ 52,391,548$
Footnotes:
[a] Not reimbursable to the Developer through Assessments or the issuance of PID Bonds.
[b] Unless otherwise approved by the City Council, in the event PID Bonds are not issued, right-of-way acquisition, as defined in Section III.A, shall not be a reimbursable Authorized Improvement,
but instead will be replaced by the Actual Costs of Parkland Infrastructure/Hardscape/Trail improvements.
[c] Unless otherwise approved by the City Council, in the event PID Bonds are issued, the Parkland Infrastructure/Hardscape/Trail improvements, will be replaced by right-of-way acquisition, which
right-of-way acquisition cost shall not exceed (i) the Actual Costs of Parkland Infrastructure/Hardscape/Trail improvements, and (ii) the fair market value supported by an independent appraisal as
required by Section 252.051 of the Texas Local Government Code.
[d] Preliminary estimates only and subject to change upon the issuance of PID Bonds.
[e] Includes the fee of counsel to the Underwriter.
[f] Improvement Area #1 Major Improvements are improvements that benefit the entire District and shall be completed concurrently with the Improvement Area #1 Improvements, but are not
anticipated to be reimbursed from Assessments or PID Bonds. Future Major Improvements shall be included in this Service and Assessment Plan as they are constructed with future Improvement
Areas.
Sources of Funds
Uses of Funds
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 34
EXHIBIT E – MAXIMUM ASSESSMENT AND TAX RATE EQUIVALANT
Per Unit Total Per Unit Total Per Unit Total
Improvement Area #1
Lot Type 1 76 477,000$ 36,252,000$ 67,570$ 5,135,294$ 5,275$ 400,872$ 1.105792$
Lot Type 2 166 530,000 87,980,000 75,077 12,462,848 5,861 972,876 1.105792
Lot Type 3 143 636,000 90,948,000 90,093 12,883,282 7,033 1,005,696 1.105792
Lot Type 4 33 742,000 24,486,000 105,108 3,468,576 8,205 270,764 1.105792
Improvement Area #1 Subtotal 418 239,666,000$ 33,950,000$ 2,650,208$ 1.105792
Footnotes:
[a] As provided by the Developer.
[b] Subject to change based on the final Appraisal.
[c] Does not include TIRZ No. 9 Annual Credit Amount.
Lot Type Units[a]Gross PID
TRE[c]
Estimated Buildout Value[a]Assessment[b]Average Annual Installment
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 35
EXHIBIT F-1 – IMPROVEMENT AREA #1 ASSESSMENT ROLL
Property ID[a]Lot Type Outstanding Assessment Annual Installment Due
1/31/2027
2937949 Improvement Area #1 Initial Parcel 33,950,000.00$ 2,650,550.00$
33,950,000.00$ 2,650,550.00$
Footnotes:
Total
[a] The entire Improvement Area #1 is contained within Property ID 2937949. For billing purposes, the Annual Installment due 1/31/2027 shall
be allocated pro rata based on acreage.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 36
EXHIBIT F-2 – IMPROVEMENT AREA #1 ANNUAL INSTALLMENTS
Installment
Due 1/31 Principal Interest[a]Capitalized
Interest[c]
Reserve
Fund[d]
Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2026 $ -1,131,667$ (1,131,667)$ -$ $ - $ --$
2027 403,000$ 2,037,000$ -$ -$ 169,750$ 40,800$ 2,650,550$
2028 428,000$ 2,012,820$ -$ -$ 167,735$ 41,616$ 2,650,171$
2029 455,000$ 1,987,140$ -$ -$ 165,595$ 42,448$ 2,650,183$
2030 484,000$ 1,959,840$ -$ -$ 163,320$ 43,297$ 2,650,457$
2031 514,000$ 1,930,800$ -$ -$ 160,900$ 44,163$ 2,649,863$
2032 547,000$ 1,899,960$ -$ -$ 158,330$ 45,046$ 2,650,336$
2033 582,000$ 1,867,140$ -$ -$ 155,595$ 45,947$ 2,650,682$
2034 618,000$ 1,832,220$ -$ -$ 152,685$ 46,866$ 2,649,771$
2035 658,000$ 1,795,140$ -$ -$ 149,595$ 47,804$ 2,650,539$
2036 699,000$ 1,755,660$ -$ -$ 146,305$ 48,760$ 2,649,725$
2037 744,000$ 1,713,720$ -$ -$ 142,810$ 49,735$ 2,650,265$
2038 791,000$ 1,669,080$ -$ -$ 139,090$ 50,730$ 2,649,900$
2039 842,000$ 1,621,620$ -$ -$ 135,135$ 51,744$ 2,650,499$
2040 895,000$ 1,571,100$ -$ -$ 130,925$ 52,779$ 2,649,804$
2041 953,000$ 1,517,400$ -$ -$ 126,450$ 53,835$ 2,650,685$
2042 1,013,000$ 1,460,220$ -$ -$ 121,685$ 54,911$ 2,649,816$
2043 1,078,000$ 1,399,440$ -$ -$ 116,620$ 56,010$ 2,650,070$
2044 1,147,000$ 1,334,760$ -$ -$ 111,230$ 57,130$ 2,650,120$
2045 1,221,000$ 1,265,940$ -$ -$ 105,495$ 58,272$ 2,650,707$
2046 1,299,000$ 1,192,680$ -$ -$ 99,390$ 59,438$ 2,650,508$
2047 1,382,000$ 1,114,740$ -$ -$ 92,895$ 60,627$ 2,650,262$
2048 1,471,000$ 1,031,820$ -$ -$ 85,985$ 61,839$ 2,650,644$
2049 1,565,000$ 943,560$ -$ -$ 78,630$ 63,076$ 2,650,266$
2050 1,665,000$ 849,660$ -$ -$ 70,805$ 64,337$ 2,649,802$
2051 1,772,000$ 749,760$ -$ -$ 62,480$ 65,624$ 2,649,864$
2052 1,886,000$ 643,440$ -$ -$ 53,620$ 66,937$ 2,649,997$
2053 2,007,000$ 530,280$ -$ -$ 44,190$ 68,275$ 2,649,745$
2054 2,137,000$ 409,860$ -$ -$ 34,155$ 69,641$ 2,650,656$
2055 2,274,000$ 281,640$ -$ -$ 23,470$ 71,034$ 2,650,144$
2056 2,420,000$ 145,200$ -$ (2,482,455)$ 12,100$ 72,454$ 2,649,754$
Total 33,950,000$ 40,523,640$ -$ (2,482,455)$ 3,376,970$ 1,655,175$ 79,505,785$
Footnotes:
[b] The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual
Collection Costs, reserve fund requirements, interest earnings, or other available offsets could increase or decrease the
amounts shown.
[c] No Annual Installment shall be collected and capitalized interest is expected to fund the 9/15/2026 debt service payment.
[d] Assumes Reserve Fund is fully funded and available to reduce Annual Installments in the final year.
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon PID Bond issuance.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 37
EXHIBIT G-1 – MAPS OF MAJOR IMPROVEMENTS
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 38
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 39
EXHIBIT G-2 – MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 40
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 41
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 42
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 43
EXHIBIT H – TIRZ NO. 9 ANNUAL CREDIT AMOUNT BY LOT TYPE
Improvement Area #1
Lot Type 1 (45')76 1.105792 (1,252.30)$ 0.843256$ 2.838792$
Lot Type 2 (50')166 1.105792 (1,391.44)$ 0.843256$ 2.838792$
Lot Type 3 (60')143 1.105792 (1,669.73)$ 0.843256$ 2.838792$
Lot Type 4 (70')33 1.105792 (1,948.02)$ 0.843256$ 2.838792$
[a] Per information provided by the Developer.
[b] To be determined at the time of PID Bond issuance; based on information provided by the Developer as to
Estimated Buildout Value.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 44
EXHIBIT I – FORM OF NOTICE OF ASSESSMENT TERMINATION
P3Works, LLC
9284 Huntington Square, Suite 100
North Richland Hills, TX 76182
______________________________________________________________________________
[Date]
Collin County Clerk’s Office
Honorable [County Clerk]
Collin County Administration Building
2300 Bloomdale Rd, Suite 2106
McKinney, TX 75071
Re: City of Anna Lien Release documents for filing
Dear Ms./Mr. [County Clerk]
Enclosed is a lien release that the City of Anna is requesting to be filed in your office. Lien
release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of the
filed documents to my attention:
City of Anna
Attn: City Secretary
120 W. 7th Street
Anna, TX 75409
Please contact me if you have any questions or need additional information.
Sincerely,
[Signature]
P3Works, LLC
(817) 393-0353
Admin@P3-Works.com
www.P3-Works.com
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 45
AFTER RECORDING RETURN TO:
[City Secretary Name]
120 W. 7th Street
Anna, TX 75409
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN
STATE OF TEXAS §
§ KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full
Release") is executed and delivered as of the Effective Date by the City of Anna, Texas, a Texas
home rule municipality (the “City”).
RECITALS
WHEREAS, the governing body (hereinafter referred to as the "City Council” of Anna,
Texas is authorized by Chapter 372, Texas Local Government Code, as amended (hereinafter
referred to as the "Act"), to create public improvement districts within the corporate limits of the
City; and
WHEREAS, on March 25, 2025 the City Council of the City approved Resolution No. 2025-
03-1753 creating the Sherley Farms Public Improvement District (the “District”); and
WHEREAS, the District consists of approximately 1,123.592 contiguous acres within the
corporate limits of the City; and
WHEREAS, on ____________, the City Council, approved Ordinance No. __________,
(hereinafter referred to as the "Assessment Ordinance") approving a service and assessment plan and
assessment roll for the real property located with the District, the Assessment Ordinance being
recorded on _____________, as Instrument No. ________ in the Official Public Records of Collin
County, Texas; and
WHEREAS, the Assessment Ordinance imposed an assessment in the amount of [amount]
(hereinafter referred to as the "Lien Amount") and further imposed a lien to secure the payment of
the Lien Amount (the “Lien”) against the following property located within the District, to wit:
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 46
[legal description], an addition to the City of Anna, Collin County, Texas, according
to the map or plat thereof recorded as Instrument No. ________ in the Map Records
of Collin County, Texas (the "Property");
and
WHEREAS, the Lien Amount has been paid in full.
RELEASE
NOW THEREFORE, for and in consideration of the full payment of the Lien Amount, the City
hereby releases and discharges, and by these presents does hereby release and discharge, the Lien to
the extent that is affects and encumbers the Property.
EXECUTED to be EFFECTIVE this the _____ day of _________, 20__.
CITY OF ANNA, TEXAS,
A Texas home rule municipality,
By: _______________________________
[Manager Name], City Manager
ATTEST:
_______________________________
[Secretary Name], City Secretary
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ____ day of ________, 20__, by the
City Manager for the City of Anna, Texas, a Texas home rule municipality, on behalf of said
municipality.
_______________________________
Notary Public, State of Texas
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 47
EXHIBIT J – DEBT SERVICE SCHEDULE FOR IMPROVEMENT AREA #1 BONDS
[To be provided at PID Bond pricing.]
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 48
EXHIBIT K-1 – DISTRICT LEGAL DESCRIPTION
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 49
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 50
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 51
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 52
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 53
EXHIBIT K-2 – IMPROVEMENT AREA #1 LEGAL DESCRIPTION
PHASE 1
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the G. Morrison Survey, Abstract No. 559, and the S. Moore
Survey, Abstract No. 625, in Collin County, Texas, being part of Tracts 1.1, 1.3, and 1.4,
recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT), and part of
Tract 1.1, recorded in Volume 4466, Page 183 DRCCT, and all of Tract 1.2, recorded in Volume
4466, Page 201, DRCCT, with the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set along the south line
of Farm to Market Road 2862, a 90-foot-wide right-of-way, from which a 1/2" iron rod found
bears N 84°54'26" W, 1658.47 feet for the southeast corner of the "Second Tract" conveyed to
Daniel W. Koen and Sue Ann Burleson-Koen, recorded in Document No. 93-0107055 DRCCT;
THENCE S 87°35'00" E, 3.15 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE S 87°54'00" E, 852.06 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE S 88°23'00" E, 1005.18 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 61°39'58", a radius of
363.31 feet, a chord of N 60°47'01" E - 372.42 feet, an arc length of 391.02 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set on the west line of a tract conveyed to Larry
Kropman Bennett and Jill Rae Bennett, recorded in Volume 1718, Page 193 DRCCT;
THENCE S 02°42'15" W, 147.06 feet along the west line thereof to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
THENCE S 88°34'52" E, along the south line of said Bennett tract, passing at 317.47 feet a 3/8"
iron rod found for the southeast corner thereof, being the southwest corner of a tract described in
deed recorded in Document No. 20160209000150410 OPRCCT, and continuing along the south
line thereof a total distance of 673.49 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE S 19°13'14" E, 988.05 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 54
THENCE around a non-tangent curve to the right having a central angle of 31°18'08", a radius of
1355.00 feet, a chord of S 38°55'42" W - 731.10 feet, an arc length of 740.27 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE S 54°34'46" W, 675.31 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a tangent curve to the left having a central angle of 8°25'51", a radius of
2545.00 feet, a chord of S 50°21'50" W - 374.15 feet, an arc length of 374.49 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE around a compound curve to the left having a central angle of 1°21'02", a radius of
1545.00 feet, a chord of S 45°28'23" W - 36.42 feet, an arc length of 36.42 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE N 47°52'56" W, 117.77 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE N 63°22'52" W, 674.62 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE S 26°37'08" W, 490.25 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 63°19'59" W, 296.01 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE S 26°37'08" W, 130.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 63°22'52" W, 268.53 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 36°00'21", a radius of
95.00 feet, a chord of N 81°23'03" W - 58.72 feet, an arc length of 59.70 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE S 80°36'47" W, 80.83 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a tangent curve to the left having a central angle of 7°19'45", a radius of
345.00 feet, a chord of S 76°56'54" W - 44.10 feet, an arc length of 44.13 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 55
THENCE S 52°52'29" W, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a non-tangent curve to the right having a central angle of 33°46'17", a radius of
850.00 feet, a chord of N 20°14'22" W - 493.79 feet, an arc length of 501.01 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE N 03°21'14" W, 51.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 87°03'38" W, 802.11 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 09°05'47", a radius of
1,245 feet, a chord of N 63°23'05" E - 197.45 feet, an arc length of 197.66 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE around a reverse curve to the left having a central angle of 05°45'11", a radius of
1245.00 feet, a chord of N 65°03'23" E - 124.96 feet, an arc length of 125.01 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE N 62°10'47" E, 501.95 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE around a tangent curve to the left having a central angle of 24°42'42", a radius of
780.00 feet, a chord of N 49°49'26" E - 333.81 feet, an arc length of 336.41 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE around a compound curve to the left having a central angle of 43°38'06", a radius of
365.00 feet, a chord of N 15°33'38" E - 271.31 feet, an arc length of 277.98 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 98°57'03", a radius of
71.50 feet, a chord of N 80°15'05" W - 108.70 feet, an arc length of 123.48 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE N 30°46'33" W, 84.43 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 25°05'59" W, 115.10 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a tangent curve to the right having a central angle of 62°31'41", a radius of
379.50 feet, a chord of N 06°09'52" E - 393.91 feet, an arc length of 414.16 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 56
THENCE around a reverse curve to the left having a central angle of 04°49'49", a radius of
220.50 feet, a chord of N 35°00'48" E - 18.58 feet, an arc length of 18.59 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE N 87°54'00" W, 104.75 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE N 02°06'00" E 150.02 feet to the POINT OF BEGINNING, with the subject tract
containing 5,880,591 square feet or 135.00 acres of land.
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 57
APPENDIX A – ENGINEER’S REPORT
[Remainder of page left intentionally blank.]
# of Lots: 418
Total Cost Per Lot % of Cost
CONSTRUCTION COST - PHASE 1 PID
SWPPP/Inspection 15,000.00$ 35.89$ 0.03% Street
Construction Materials Testing 229,900.00$ 550.00$ 0.50% Street
Turn Lanes (TXDOT) 400,000.00$ 956.94$ 0.87% Street
Signage (Includes CBUs) 233,490.00$ 558.59$ 0.51% Street
Erosion Control 278,744.50$ 666.85$ 0.61% Street
Public Excavation 292,884.50$ 700.68$ 0.64% Street
Paving 5,414,872.63$ 12,954.24$ 11.79% Street
Water 2,285,898.20$ 5,468.66$ 4.98% Water
Sanitary Sewer 2,797,635.50$ 6,692.91$ 6.09% Sewer
Storm Drainage 3,583,566.20$ 8,573.12$ 7.80% Storm Drainage
Final Stabilization 2,762,590.99$ 6,609.07$ 6.02% Final Stabilization
CONSTRUCTION CONTINGENCY (15%)2,744,187.38$ 6,565.04$ 5.98% Soft Costs
TOTAL HARD COST - PHASE 1 PID 21,038,769.90$ 50,331.99$ 45.82%
PID SOFT COSTS
Construction Management (4% of Phase 1 PID Hard Costs)731,783.30$ 1,750.68$ 1.59% Soft Costs
Developer PID Cost 75,000.00$ 179.43$ 0.16% Soft Costs
Utility Maintenance Bond 132,900.00$ 317.94$ 0.29% Soft Costs
Preliminary Engineering 64,650.00$ 154.67$ 0.14% Soft Costs
Public Engineering, Construction Staking, Administrative 816,200.00$ 1,952.63$ 1.78% Soft Costs
Survey (topo, tree, boundary, easement, etc.)52,500.00$ 125.60$ 0.11% Soft Costs
Soil Testing - Final Geotech 55,380.00$ 132.49$ 0.12% Soft Costs
Restaking 20,900.00$ 50.00$ 0.05% Soft Costs
Preliminary Plat/Final Plat 127,700.00$ 305.50$ 0.28% Soft Costs
Plat Filing Fees & Review Fees 19,941.40$ 47.71$ 0.04%Soft Costs
Flood Study 13,700.00$ 32.78$ 0.03%Soft Costs
Final Stabilization Design 144,607.79$ 345.95$ 0.31% Soft Costs
Right of Way 3,696,000.00$ 8,842.11$ 8.05% Soft Costs
Inspection Fees (4.0%)588,618.50$ 1,408.18$ 1.28%Soft Costs
TOTAL PID SOFT COST 6,539,880.99$ 15,645.65$ 14.24% Soft Costs
PHASE 1 PRIVATE CIVIL ITEMS
Construction Management (4% of Private Civil Items Hard Cost)101,798.70$ 243.54$ 0.22% Private Civil
Private Engineering, Construction Staking, Administrative 209,000.00$ 500.00$ 0.46% Private Civil
Private Excavation 643,950.50$ 1,540.55$ 1.40% Private Civil
Retaining Walls 606,699.00$ 1,451.43$ 1.32% Private Civil
Street Lights 326,886.00$ 782.02$ 0.71% Private Civil
Electric Service 418,000.00$ 1,000.00$ 0.91% Private Civil
Gas Service -$ -$ 0.00% Private Civil
Duct Bank 129,150.00$ 308.97$ 0.28% Private Civil
Telephone / Fiber Optics -$ -$ 0.00% Private Civil
Irrigation Crossings 70,047.00$ 167.58$ 0.15% Private Civil
Franchise Crossings 350,235.00$ 837.88$ 0.76% Private Civil
HARD COST CONSTRUCTION CONTINGENCY (15%)381,745.13$ 913.27$ 0.83% Private Civil
TOTAL PHASE 1 PRIVATE CIVIL ITEMS COST 3,237,511.33$ 7,745.24$ 7.05% Private Civil
PHASE 1 PRIVATE HARDSCAPE ITEMS
Construction Management (4% of Private Hard Cost)85,009.06$ 203.37$ 0.19% Private HS
Hardscape Design 177,142.21$ 423.79$ 0.39% Private HS
Hardscape Trails 570,128.00$ 1,363.94$ 1.24% Private HS
Central Green - Hardscape 1,032,900.00$ 2,471.05$ 2.25% Private HS
Pocket Park - Hardscape 942,336.50$ 2,254.39$ 2.05% Private HS
Attached Green 1 - Hardscape 67,127.50$ 160.59$ 0.15% Private HS
Attached Green 2 - Hardscape 82,862.50$ 198.24$ 0.18% Private HS
GENERAL CONDITIONS (10%)295,750.58$ 707.54$ 0.64% Private HS
HARD COST CONSTRUCTION CONTINGENCY (15%)448,665.76$ 1,073.36$ 0.98% Private HS
TOTAL PHASE 1 PRIVATE HARDSCAPE ITEMS COST 3,701,922.11$ 8,856.27$ 8.06% Private HS
PHASE 1 380 AGREEMENT ITEMS
Construction Management (4% of 380 Agreement Hard Cost)332,758.20$ 796.07$ 0.72% 380
Engineering, Construction Staking, Administrative 998,274.60$ 500.00$ 2.17% 380
Water 2,218,535.00$ 5,307.50$ 4.83% 380
Sanitary Sewer 6,100,420.00$ 14,594.31$ 13.29% 380
Maintenance Bond 166,379.10$ 398.04$ 0.36% 380
Inspection Fees (4.0%)332,758.20$ 796.07$ 0.72% 380
HARD COST CONSTRUCTION CONTINGENCY (15%)1,247,843.25$ 2,985.27$ 2.72% 380
TOTAL PHASE 1 380 AGREEMENT COST 11,396,968.35$ 27,265.47$ 24.82% 380
TOTAL DIRECT PID COST 27,578,650.89$ 65,977.63$ 60.06%
TOTAL PROJECT COST 45,915,052.67$ 109,844.62$ 100.00%
PID HARD COST
PID SOFT COST
PRIVATE COST
Allocation
380 AGREEMENT COST
Sherley Farms Phase 1
Phase 1 Summary
Description Unit Quantity Unit Price Total Cost
Erosion Control
Wire-reinforced Silt Fence Metal Posts LF 16670 $ 2.05 34,173.50$
8' Curlex Behind BOC LF 43500 $ 1.50 65,250.00$
8' Curlex (Slope Protection)SF 526400 $ 0.19 100,016.00$
Seed and Harrow AC 124 $ 350.00 43,400.00$
Z-panel Inlet Protection EA 102 $ 165.00 16,830.00$
Stone Overflow EA 11 $ 375.00 4,125.00$
Rock Check Dam - 30" max length EA 13 1,150.00$ 14,950.00$
Total Erosion Control Cost 278,744.50$
Final Stabilization
Fine Grading LS 1 $ 125,000.00 125,000.00$
Bioswale LS 1 $ 50,000.00 50,000.00$
Ornamental Trees EA 188 $ 600.00 112,800.00$
Canopy Trees EA 4 $ 1,200.00 4,800.00$
Canopy Trees EA 408 $ 800.00 326,400.00$
Specimen Trees EA 2 $ 2,500.00 5,000.00$
Reforested Trees EA 70 $ 350.00 24,500.00$
Planting Beds SF 124,178 $ 7.00 869,246.00$
Planting Bed Irrigation SF 124,178 $ 1.50 186,267.00$
Lawn SF 168,731 $ 1.00 168,731.00$
Lawn Irrigation SF 562,059 $ 0.65 365,338.35$
Hydroseed SF 544,328 $ 0.50 272,164.00$
Irrigation Sleeves LF 200 $ 6.00 1,200.00$
General Conditions LS 1 $ 251,144.64 251,144.64$
Total Final Stabilization Cost 2,762,590.99$
Public Excavation
Clearing & Grubbing AC 144 650.00$ 93,600.00$
Unclassified Excavation - ROW CY 55958 2.75$ 153,884.50$
Rock Surcharge - ROW CY 3280 2.50$ 8,200.00$
Over-Exc & Process Rock Roads (8") CY 1480 2.50$ 3,700.00$
Strip, Stockpile & Spread Topsoil LS 1 30,000.00$ 30,000.00$
Fine Grade Open Spaces LS 1 3,500.00$ 3,500.00$
Total Excavation Cost 292,884.50$
Paving
Asphalt Transition Pavement, 2" Type C
or D HMAC With PG 76-22 Binder, 8"
Type A or B HMAC
SY
598 $ 106.55 63,716.90$
6" Reinforced Concrete Pavement, Curb
& Gutter (4000 psi, #4 Bars @ 18"
OCEW) 31' B-B Residential Section
SY
76,885 $ 46.85 3,602,070.99$
6" Reinforced Concrete Pavement, (4000 psi, #4
Bars @ 24" OCEW) 24' E-E Alley Section(s) SY 2,642 $ 54.49 143,971.56$
6" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW) 12' E-E Alley
Section
SY
426 $ 54.43 23,187.58$
8" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW) Roundabout
Paving including Mountable Curb
SY
1,516 $ 66.19 100,346.33$
Roundabout Truck Apron Including
Concrete, Vehicular Pavers, and 6" Curb SY 227 $ 165.20 37,500.40$
8” Reinforced Concrete Pavement, Curb & Gutter
(4000 psi, #4 Bars @ 18"
OCEW), Residential Entrance Section(s)
18' B-B
SY
2,459 $ 64.85 159,471.44$
Roundabout Median Median Pavers With
Mountable Curb SY 81 $ 179.71 14,556.18$
6" Lime Stabilized Subgrade (1' outside
BOC) SY 86,613 $ 2.80 242,515.01$
8" Lime Stabilized Subgrade (1' outside
BOC) SY 4,268 $ 3.00 12,803.21$
6% Hydrated Lime (27#/SY) TONS 1,170 $ 319.80 374,166.02$
6% Hydrated Lime (36#/SY) TONS 77 $ 319.25 24,582.17$
Directional Barrier Free Ramps EA 19 $ 2,850.00 54,150.00$
Bi-Directional Barrier Free Ramps EA 48 $ 2,954.58 141,820.00$
Mid Block Barrier Free Ramp EA 20 $ 1,950.00 39,000.00$
Sherley Farms Phase 1
Phase 1 PID Hard Cost Detail
Description Unit Quantity Unit Price Total Cost
Construct Street Header LF 483 $ 15.00 7,245.00$
Furnish and Install Type IIl Barricade LF 291 $ 65.21 18,975.00$
5' Sidewalk (4" thick) SY 3,070 $ 64.95 199,402.27$
6-12" Dry Rock Rip Rap SY 190 $ 100.00 19,000.00$
Traffic Control EA 1 $ 25,000.00 25,000.00$
Maintenance Bond 2 Year 100% LS 3 $ 21,500.00 64,500.00$
5" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW), Parallel
Parking Stalls SY 677 $ 61.52 41,646.57$
Connect to Street Header LF 116 $ 15.00 1,740.00$
Remove and Dispose of Type III Barricade LF 117 $ 29.97 3,506.00$
Total Paving Cost 5,414,872.63$
Water
8" DR-18 LF 21748 52.56$ 1,143,120.90$
6" Gate Valve EA 49 $ 1,570.00 76,930.00$
8" Gate Valve EA 87 $ 2,160.00 187,920.00$
1" Single Water Service EA 422 $ 945.00 398,790.00$
2" Air Release Valve EA 2 $ 6,700.00 13,400.00$
2" Irrigation Service EA 1 $ 3,000.00 3,000.00$
2" Auto Flush Device EA 11 $ 8,905.45 97,960.00$
Fire Hydrant Assembly W/ 6" Lead EA 47 $ 5,041.06 236,930.00$
Cast Iron Fittings TONS 7.7 $ 8,397.73 64,662.50$
Trench Safety LF 21748 $ 0.10 2,174.80$
Chlorination & Testing LF 21748 $ 2.50 54,370.00$
8" Plug EA 12 $ 291.67 3,500.00$
Remove Ex. 8" Plug & Connect 8" EA 3 $ 1,046.67 3,140.00$
Total Water Cost 2,285,898.20$
Sanitary Sewer
8" SDR-35 LF 12,031 78.61$ 945,732.20$
8" SDR-26 LF 6,956 $ 89.70 623,976.80$
4' Dia. Manhole EA 61 $ 7,307.54 445,760.00$
4' Dia. Drop Manhole EA 1 11,410.00$ 11,410.00$
5' Dia. Drop Manhole EA 1 13,975.00$ 13,975.00$
Remove Ex. 8" Plug & Connect 8" EA 4 638.75$ 2,555.00$
8" Plug EA 6 276.67$ 1,660.00$
4" Sewer Service EA 422 1,400.13$ 590,855.00$
16" SDR-35 Encasement Pipe LF 580 110.86$ 64,300.00$
Trench Safety LF 18,987 $ 0.10 1,898.70$
T.V. & Testing LF 18,987 $ 4.86 92,332.80$
Concrete Encasement LF 30 $ 60.00 1,800.00$
Connect To Ex. Manhole EA 1 $ 1,380.00 1,380.00$
Total Sanitary Sewer Cost 2,797,635.50$
Storm Drainage
18" RCP LF 3,675 $ 80.00 294,000.00$
21" RCP LF 1,901 $ 89.00 169,189.00$
24" RCP LF 1,789 $ 97.00 173,533.00$
27" RCP LF 1,003 $ 120.00 120,360.00$
30" RCP LF 1,062 $ 127.00 134,874.00$
33" RCP LF 934 $ 138.00 128,892.00$
36" RCP LF 1,138 $ 149.00 169,562.00$
42" RCP LF 1,374 $ 181.00 248,694.00$
48" RCP LF 897 $ 207.00 185,679.00$
54" RCP LF 811 $ 243.00 197,073.00$
60" RCP LF 673 $ 273.00 183,729.00$
4' Junction Box EA 12 $ 7,360.00 88,320.00$
5' Junction Box EA 9 $ 8,165.00 73,485.00$
6' Junction Box EA 1 $ 9,085.00 9,085.00$
21" Type "C" Headwall EA 1 $ 4,900.00 4,900.00$
27" Type "B" Headwall EA 1 $ 4,830.00 4,830.00$
30" Type "B" Headwall EA 1 $ 5,060.00 5,060.00$
Description Unit Quantity Unit Price Total Cost
36" Type "C" Headwall EA 1 $ 5,865.00 5,865.00$
42" Type "B" Headwall EA 2 $ 5,980.00 11,960.00$
42" Type "C" Headwall EA 1 $ 6,615.00 6,615.00$
54" Type "C" Headwall EA 2 $ 7,935.00 15,870.00$
60" Type "C" Headwall EA 1 $ 8,740.00 8,740.00$
2' X 2' Wye Inlet W/ 4' Concrete Apron EA 1 $ 5,520.00 5,520.00$
5' Curb Inlet EA 1 $ 7,420.00 7,420.00$
10' Curb Inlet EA 92 $ 8,165.00 751,180.00$
Non Standard Curb Inlet (2-5',2-8'&1-12') EA 5 $ 8,050.00 40,250.00$
Grate Combo Inlet EA 3 $ 9,430.00 28,290.00$
Remove Ex. 42" Headwall & Connect EA 2 $ 1,785.00 3,570.00$
6"-12" Dry Rock Rip Rap SY 412 $ 104.00 42,848.00$
Trench Safety LF 15,257 $ 0.10 1,525.70$
T.V. Inspection LF 15,257 $ 5.00 76,285.00$
18" Type Il Precast Safety End Treatment EA 4 $ 1,430.00 5,720.00$
Unclassified Excavation - Ponds & Drainage CY 58470 2.75$ 160,792.50$
Rock Surcharge - Ponds & Drainage CY 39260 2.50$ 98,150.00$
Aeration EA 4 25,000.00$ 100,000.00$
18" Pond Clay Liner CY 8680 2.50$ 21,700.00$
Total Storm Drainage Cost 3,583,566.20$
17,416,192.52$ Total Phase 1 PID Hard Cost Detail Cost
Private Excavation
Unclassified Excavation - Private CY 134282 2.75$ 369,275.50$
Rock Surcharge - Private CY 7160 2.50$ 17,900.00$
Over-Exc & Process Rock Pads (6") CY 2390 2.50$ 5,975.00$
Rough Lot Benching EA 418 400.00$ 167,200.00$
Final Lot Benching EA 418 200.00$ 83,600.00$
Total Private Excavation Cost 643,950.50$
Retaining Walls
Retaining Walls LS 1 606,699.00$ 606,699.00$
Total Retaining Walls Cost 606,699.00$
1,250,649.50$
Sherley Farms Phase 1
Phase 1 Private Civil Detail
Total Phase 1 Private Civil Detail Costs
Description Unit Quantity Unit Price Total Cost
Hardscape Trails
6' Wide Trail SF 17,688 8.00$ 141,504.00$
10' Wide Trail SF 26,230 8.00$ 209,840.00$
12' Wide Trail SF 27,348 8.00$ 218,784.00$
Total Hardscape Trails Cost 570,128.00$
Central Green - Hardscape
Metal Grate at Bioswale EA 1 $ 10,000.00 10,000.00$
Pond Terrace Steps LS 1 $ 150,000.00 150,000.00$
Misc. Site Walls / Steps / Rails / Handrails LS 1 $ 650,000.00 650,000.00$
SF Entry Signage LS 1 $ 100,000.00 100,000.00$
Lighting / Electrical LS 1 $ 50,000.00 50,000.00$
Split Rail Fence LF 1,620 $ 45.00 72,900.00$
Central Green - Hardscape Cost 1,032,900.00$
Pocket Park - Hardscape
Decomposed Granite or Aggregate SF 8,743 $ 5.50 48,086.50$
Stone Slabs EA 11 $ 1,000.00 11,000.00$
Play Fall Surfacing SF 13,875 $ 5.00 69,375.00$
Play Equipment LS 1 $ 500,000.00 500,000.00$
Barrier Free Ramps EA 6 $ 1,500.00 9,000.00$
Site Furnishings EA 34 $ 2,000.00 68,000.00$
Lighting & Electrical LS 1 $ 75,000.00 75,000.00$
Fence LF 475 $ 25.00 11,875.00$
Trellis EA 2 $ 75,000.00 150,000.00$
Pocket Park - Hardscape Cost 942,336.50$
Attached Green 1 -
Hardscape
Decomposed Granite or Aggregate SF 2,205 $ 5.50 12,127.50$
Stone Slabs EA 42 $ 1,000.00 42,000.00$
Barrier Free Ramps EA 2 $ 1,500.00 3,000.00$
Lighting and Electrical LS 1 $ 10,000.00 10,000.00$
Attached Green 1 - Hardscape Cost 67,127.50$
Attached Green 2 -
Hardscape
Decomposed Granite or Aggregate SF 3,975 $ 5.50 21,862.50$
Stone Slabs EA 51 $ 1,000.00 51,000.00$
Lighting and Electrical LS 1 $ 10,000.00 10,000.00$
Attached Green 2 - Hardscape Cost 82,862.50$
2,695,354.50$
269,535.45$
Total Phase 1 Private Landscape/Hardscape Detail Cost with General Conditions 2,964,889.95$
Sherley Farms Phase 1
Phase 1 Private Landscape/Hardscape Detail
Total Phase 1 Private Landscape/Hardscape Detail Cost
General Conditions (10%)
Water
12" DR-18 LF 13410 95.00$ 1,273,950.00$
16" DR-18 LF 1775 125.00$ 221,875.00$
24" Steel Casing Pipe LF 40 1,000.00$ 40,000.00$
6" Gate Valve EA 30 2,000.00$ 60,000.00$
12" Gate Valve EA 31 4,400.00$ 136,400.00$
16" Butterfly Valve EA 3 10,000.00$ 30,000.00$
Fire Hydrant & Assembly EA 30 7,400.00$ 222,000.00$
Air Release Valve EA 3 20,000.00$ 60,000.00$
Connect To Existing EA 2 5,000.00$ 10,000.00$
Trench Safety LF 15185 1.00$ 15,185.00$
Concrete Blocking LS 1 20,000.00$ 20,000.00$
Ductile Iron Fittings TON 15.2 3,500.00$ 53,200.00$
Water Line Testing LF 15185 5.00$ 75,925.00$
Total Water Cost 2,218,535.00$
Sanitary Sewer
10" PVC LF 1485 102.00$ 151,470.00$
12" PVC LF 750 110.00$ 82,500.00$
21" PVC LF 2130 162.00$ 345,060.00$
24" PVC LF 2500 180.00$ 450,000.00$
20" Fused HDPE LF 8000 175.00$ 1,400,000.00$
4' Manhole EA 4 8,000.00$ 32,000.00$
5' Manhole EA 28 10,000.00$ 280,000.00$
Air Release Valve EA 1 20,000.00$ 20,000.00$
Remove & Replace Driveway EA 11 3,000.00$ 33,000.00$
24" Steel Encasement By Bore LF 280 1,060.00$ 296,800.00$
24" Steel Encasement By Open Cut LF 40 260.00$ 10,400.00$
Lift Station LS 1 2,700,000.00$ 2,700,000.00$
Trench Safety LF 14865 1.00$ 14,865.00$
Sewer Line Testing LF 14865 5.00$ 74,325.00$
Traffic Control LS 1 50,000.00$ 50,000.00$
Easement Acquisition SF 160000 1.00$ 160,000.00$
Total Sanitary Sewer Cost 6,100,420.00$
8,318,955.00$
Sherley Farms Phase 1
Phase 1 380 Agreement Improvements Detail
Total Phase 1 380 Agreement Improvement Detail Cost
1
2
3
4
5
6
7
Phase 1 retaining wall costs are based on a bid received by Wallco Retaining Walls, Inc.
on 09/09/2025.
Phase 1 landscape, hardscape, and amenity costs are based on an estimate received by
Garrison/Jones Landscape Architects received on 1/9/2025.
ROW Value is based on appraisal report File No. A25-1217-06 by Peyo Southwest Realty,
Inc.
Assumptions
Sherley Farms Phase 1
Phase 1 residential water, sanitary sewer, storm, and utility maintenance bond costs are
based on a bid received by KCK Utility Construction on 10/21/2025.
Phase 1 erosion control costs are based on a bid received by Southwest Erosion Control,
prepared on 10/28/2025.
Phase 1 excavation costs are based on a bid received by Sinacola on 10/24/2025.
Phase 1 residential paving costs are based on a bid received by Chris Harp Construction
on 10/14/2025.
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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BOUNDARY EXHIBIT
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT WATER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT SANITARY SEWER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT STORM SEWER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 120' June, 2025 SEI Job No. 23-288
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DIRECT PAVING IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
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Scale: 1" = 400' June, 2025 SEI Job No. 23-288
MAJOR WATER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
Scale: 1" = 400' June, 2025 SEI Job No. 23-288
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MAJOR SANITARY SEWER IMPROVEMENTS
SHERLEY FARMS PHASE 1
CITY OF ANNA, COLLIN COUNTY, TEXAS
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT
PRELIMINARY SERVICE AND ASSESSMENT PLAN 74
APPENDIX B – BUYER DISCLOSURES
Forms of the buyer disclosures for the following Lot Types are found in this appendix:
Improvement Area #1
Initial Parcel
Lot Type 1
Lot Type 2
Lot Type 3
Lot Type 4
[Remainder of page left intentionally blank.]
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
INITIAL PARCEL BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 INITIAL PARCEL PRINCIPAL ASSESSMENT:
$33,950,000.00
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ______________________ and
____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this _________________, 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Installment
Due 1/31 Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 403,000$ 2,037,000$ 169,750$ 40,800$ 2,650,550$
2028 428,000$ 2,012,820$ 167,735$ 41,616$ 2,650,171$
2029 455,000$ 1,987,140$ 165,595$ 42,448$ 2,650,183$
2030 484,000$ 1,959,840$ 163,320$ 43,297$ 2,650,457$
2031 514,000$ 1,930,800$ 160,900$ 44,163$ 2,649,863$
2032 547,000$ 1,899,960$ 158,330$ 45,046$ 2,650,336$
2033 582,000$ 1,867,140$ 155,595$ 45,947$ 2,650,682$
2034 618,000$ 1,832,220$ 152,685$ 46,866$ 2,649,771$
2035 658,000$ 1,795,140$ 149,595$ 47,804$ 2,650,539$
2036 699,000$ 1,755,660$ 146,305$ 48,760$ 2,649,725$
2037 744,000$ 1,713,720$ 142,810$ 49,735$ 2,650,265$
2038 791,000$ 1,669,080$ 139,090$ 50,730$ 2,649,900$
2039 842,000$ 1,621,620$ 135,135$ 51,744$ 2,650,499$
2040 895,000$ 1,571,100$ 130,925$ 52,779$ 2,649,804$
2041 953,000$ 1,517,400$ 126,450$ 53,835$ 2,650,685$
2042 1,013,000$ 1,460,220$ 121,685$ 54,911$ 2,649,816$
2043 1,078,000$ 1,399,440$ 116,620$ 56,010$ 2,650,070$
2044 1,147,000$ 1,334,760$ 111,230$ 57,130$ 2,650,120$
2045 1,221,000$ 1,265,940$ 105,495$ 58,272$ 2,650,707$
2046 1,299,000$ 1,192,680$ 99,390$ 59,438$ 2,650,508$
2047 1,382,000$ 1,114,740$ 92,895$ 60,627$ 2,650,262$
2048 1,471,000$ 1,031,820$ 85,985$ 61,839$ 2,650,644$
2049 1,565,000$ 943,560$ 78,630$ 63,076$ 2,650,266$
2050 1,665,000$ 849,660$ 70,805$ 64,337$ 2,649,802$
2051 1,772,000$ 749,760$ 62,480$ 65,624$ 2,649,864$
2052 1,886,000$ 643,440$ 53,620$ 66,937$ 2,649,997$
2053 2,007,000$ 530,280$ 44,190$ 68,275$ 2,649,745$
2054 2,137,000$ 409,860$ 34,155$ 69,641$ 2,650,656$
2055 2,274,000$ 281,640$ 23,470$ 71,034$ 2,650,144$
2056 2,420,000$ 145,200$ 12,100$ 72,454$ 2,649,754$
Total 33,950,000$ 40,523,640$ 3,376,970$ 1,655,175$ 79,505,785$
Footnotes:
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or
other available offsets could increase or decrease the amounts shown.
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 INITIAL PARCEL
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
LOT TYPE 1 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 1 PRINCIPAL ASSESSMENT: $67,569.66
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 802.08$ 4,054.18$ 337.85$ 81.20$ 5,275.31$
2028 851.84$ 4,006.05$ 333.84$ 82.83$ 5,274.56$
2029 905.57$ 3,954.94$ 329.58$ 84.48$ 5,274.58$
2030 963.29$ 3,900.61$ 325.05$ 86.17$ 5,275.12$
2031 1,023.00$ 3,842.81$ 320.23$ 87.90$ 5,273.94$
2032 1,088.68$ 3,781.43$ 315.12$ 89.65$ 5,274.88$
2033 1,158.34$ 3,716.11$ 309.68$ 91.45$ 5,275.57$
2034 1,229.99$ 3,646.61$ 303.88$ 93.28$ 5,273.76$
2035 1,309.60$ 3,572.81$ 297.73$ 95.14$ 5,275.29$
2036 1,391.20$ 3,494.24$ 291.19$ 97.05$ 5,273.67$
2037 1,480.76$ 3,410.77$ 284.23$ 98.99$ 5,274.74$
2038 1,574.30$ 3,321.92$ 276.83$ 100.97$ 5,274.02$
2039 1,675.81$ 3,227.46$ 268.96$ 102.98$ 5,275.21$
2040 1,781.29$ 3,126.91$ 260.58$ 105.04$ 5,273.82$
2041 1,896.73$ 3,020.04$ 251.67$ 107.15$ 5,275.58$
2042 2,016.14$ 2,906.23$ 242.19$ 109.29$ 5,273.85$
2043 2,145.51$ 2,785.26$ 232.11$ 111.48$ 5,274.35$
2044 2,282.84$ 2,656.53$ 221.38$ 113.70$ 5,274.45$
2045 2,430.12$ 2,519.56$ 209.96$ 115.98$ 5,275.62$
2046 2,585.36$ 2,373.75$ 197.81$ 118.30$ 5,275.23$
2047 2,750.55$ 2,218.63$ 184.89$ 120.66$ 5,274.74$
2048 2,927.69$ 2,053.60$ 171.13$ 123.08$ 5,275.50$
2049 3,114.77$ 1,877.94$ 156.49$ 125.54$ 5,274.74$
2050 3,313.80$ 1,691.05$ 140.92$ 128.05$ 5,273.82$
2051 3,526.76$ 1,492.22$ 124.35$ 130.61$ 5,273.94$
2052 3,753.65$ 1,280.62$ 106.72$ 133.22$ 5,274.21$
2053 3,994.47$ 1,055.40$ 87.95$ 135.89$ 5,273.71$
2054 4,253.21$ 815.73$ 67.98$ 138.60$ 5,275.52$
2055 4,525.87$ 560.54$ 46.71$ 141.38$ 5,274.50$
2056 4,816.45$ 288.99$ 24.08$ 144.20$ 5,273.73$
Total 67,569.66$ 80,652.98$ 6,721.08$ 3,294.24$ 158,237.96$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change
upon PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,
or other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 1
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
LOT TYPE 2 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 2 PRINCIPAL ASSESSMENT: $75,077.40
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 891.20$ 4,504.64$ 375.39$ 90.23$ 5,861.46$
2028 946.48$ 4,451.17$ 370.93$ 92.03$ 5,860.62$
2029 1,006.19$ 4,394.38$ 366.20$ 93.87$ 5,860.64$
2030 1,070.32$ 4,334.01$ 361.17$ 95.75$ 5,861.25$
2031 1,136.67$ 4,269.79$ 355.82$ 97.66$ 5,859.94$
2032 1,209.64$ 4,201.59$ 350.13$ 99.62$ 5,860.98$
2033 1,287.04$ 4,129.01$ 344.08$ 101.61$ 5,861.75$
2034 1,366.65$ 4,051.79$ 337.65$ 103.64$ 5,859.73$
2035 1,455.11$ 3,969.79$ 330.82$ 105.71$ 5,861.43$
2036 1,545.78$ 3,882.49$ 323.54$ 107.83$ 5,859.63$
2037 1,645.29$ 3,789.74$ 315.81$ 109.98$ 5,860.82$
2038 1,749.23$ 3,691.02$ 307.59$ 112.18$ 5,860.02$
2039 1,862.01$ 3,586.07$ 298.84$ 114.43$ 5,861.34$
2040 1,979.21$ 3,474.35$ 289.53$ 116.72$ 5,859.81$
2041 2,107.47$ 3,355.59$ 279.63$ 119.05$ 5,861.75$
2042 2,240.16$ 3,229.15$ 269.10$ 121.43$ 5,859.83$
2043 2,383.90$ 3,094.74$ 257.89$ 123.86$ 5,860.39$
2044 2,536.49$ 2,951.70$ 245.98$ 126.34$ 5,860.50$
2045 2,700.13$ 2,799.51$ 233.29$ 128.86$ 5,861.80$
2046 2,872.62$ 2,637.51$ 219.79$ 131.44$ 5,861.36$
2047 3,056.17$ 2,465.15$ 205.43$ 134.07$ 5,860.82$
2048 3,252.99$ 2,281.78$ 190.15$ 136.75$ 5,861.66$
2049 3,460.86$ 2,086.60$ 173.88$ 139.49$ 5,860.83$
2050 3,682.00$ 1,878.95$ 156.58$ 142.28$ 5,859.80$
2051 3,918.62$ 1,658.03$ 138.17$ 145.12$ 5,859.94$
2052 4,170.72$ 1,422.91$ 118.58$ 148.03$ 5,860.23$
2053 4,438.30$ 1,172.67$ 97.72$ 150.98$ 5,859.67$
2054 4,725.79$ 906.37$ 75.53$ 154.00$ 5,861.69$
2055 5,028.75$ 622.82$ 51.90$ 157.09$ 5,860.56$
2056 5,351.61$ 321.10$ 26.76$ 160.23$ 5,859.69$
Total 75,077.40$ 89,614.42$ 7,467.87$ 3,660.27$ 175,819.96$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change
upon PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service
Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest
earnings, or other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 2
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1 LOT
TYPE 3 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 3 PRINCIPAL ASSESSMENT: $90,092.88
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment Due[b]
2027 1,069.44$ 5,405.57$ 450.46$ 108.27$ 7,033.75$
2028 1,135.78$ 5,341.41$ 445.12$ 110.44$ 7,032.74$
2029 1,207.43$ 5,273.26$ 439.44$ 112.64$ 7,032.77$
2030 1,284.39$ 5,200.81$ 433.40$ 114.90$ 7,033.50$
2031 1,364.00$ 5,123.75$ 426.98$ 117.20$ 7,031.92$
2032 1,451.57$ 5,041.91$ 420.16$ 119.54$ 7,033.18$
2033 1,544.45$ 4,954.82$ 412.90$ 121.93$ 7,034.10$
2034 1,639.98$ 4,862.15$ 405.18$ 124.37$ 7,031.68$
2035 1,746.13$ 4,763.75$ 396.98$ 126.86$ 7,033.72$
2036 1,854.93$ 4,658.98$ 388.25$ 129.39$ 7,031.56$
2037 1,974.35$ 4,547.69$ 378.97$ 131.98$ 7,032.99$
2038 2,099.07$ 4,429.23$ 369.10$ 134.62$ 7,032.02$
2039 2,234.41$ 4,303.28$ 358.61$ 137.31$ 7,033.61$
2040 2,375.06$ 4,169.22$ 347.43$ 140.06$ 7,031.77$
2041 2,528.97$ 4,026.71$ 335.56$ 142.86$ 7,034.10$
2042 2,688.19$ 3,874.98$ 322.91$ 145.72$ 7,031.80$
2043 2,860.68$ 3,713.68$ 309.47$ 148.63$ 7,032.47$
2044 3,043.79$ 3,542.04$ 295.17$ 151.61$ 7,032.61$
2045 3,240.16$ 3,359.42$ 279.95$ 154.64$ 7,034.16$
2046 3,447.15$ 3,165.01$ 263.75$ 157.73$ 7,033.63$
2047 3,667.40$ 2,958.18$ 246.51$ 160.89$ 7,032.98$
2048 3,903.58$ 2,738.13$ 228.18$ 164.10$ 7,034.00$
2049 4,153.03$ 2,503.92$ 208.66$ 167.38$ 7,032.99$
2050 4,418.40$ 2,254.74$ 187.89$ 170.73$ 7,031.76$
2051 4,702.34$ 1,989.63$ 165.80$ 174.15$ 7,031.93$
2052 5,004.87$ 1,707.49$ 142.29$ 177.63$ 7,032.28$
2053 5,325.96$ 1,407.20$ 117.27$ 181.18$ 7,031.61$
2054 5,670.94$ 1,087.64$ 90.64$ 184.81$ 7,034.03$
2055 6,034.50$ 747.39$ 62.28$ 188.50$ 7,032.67$
2056 6,421.94$ 385.32$ 32.11$ 192.27$ 7,031.63$
Total 90,092.88$ 107,537.30$ 8,961.44$ 4,392.33$ 210,983.95$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon
PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or
other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 3
SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT - IMPROVEMENT AREA #1
LOT TYPE 4 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING1 RETURN TO:
____________________
____________________
____________________
____________________
____________________
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF ANNA, TEXAS
CONCERNING THE FOLLOWING PROPERTY
__________________________________________
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 4 PRINCIPAL ASSESSMENT: $105,108.36
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Improvements") undertaken for the benefit of the property within
Sherley Farms Public Improvement District (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Anna. The exact
amount of each annual installment will be approved each year by the Anna City Council in the
annual service plan update for the District. More information about the assessments, including
the amounts and due dates, may be obtained from City of Anna.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
_________________
1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information
of Obligation to Pay Improvement District Assessment.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
______________
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1), Tex. Prop. Code.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
STATE OF TEXAS §
§
COUNTY OF _______ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]3
______________
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
STATE OF TEXAS §
§
COUNTY OF ________ §
The foregoing instrument was acknowledged before me by ____________________ and
_________________ , known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this _________________ , 20__.
Notary Public, State of Texas]4
______________
4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Collin County.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
Annual
Installment
Due 1/31
Principal Interest[a]Additional
Interest
Annual
Collection
Costs
Total Annual
Installment
Due[b]
2027 1,247.68$ 6,306.50$ 525.54$ 126.32$ 8,206.04$
2028 1,325.08$ 6,231.64$ 519.30$ 128.84$ 8,204.86$
2029 1,408.67$ 6,152.14$ 512.68$ 131.42$ 8,204.90$
2030 1,498.45$ 6,067.62$ 505.63$ 134.05$ 8,205.75$
2031 1,591.33$ 5,977.71$ 498.14$ 136.73$ 8,203.91$
2032 1,693.50$ 5,882.23$ 490.19$ 139.46$ 8,205.37$
2033 1,801.86$ 5,780.62$ 481.72$ 142.25$ 8,206.45$
2034 1,913.31$ 5,672.51$ 472.71$ 145.10$ 8,203.63$
2035 2,037.15$ 5,557.71$ 463.14$ 148.00$ 8,206.00$
2036 2,164.09$ 5,435.48$ 452.96$ 150.96$ 8,203.48$
2037 2,303.41$ 5,305.63$ 442.14$ 153.98$ 8,205.15$
2038 2,448.92$ 5,167.43$ 430.62$ 157.06$ 8,204.02$
2039 2,606.81$ 5,020.50$ 418.37$ 160.20$ 8,205.88$
2040 2,770.90$ 4,864.09$ 405.34$ 163.40$ 8,203.73$
2041 2,950.46$ 4,697.83$ 391.49$ 166.67$ 8,206.46$
2042 3,136.22$ 4,520.80$ 376.73$ 170.00$ 8,203.76$
2043 3,337.46$ 4,332.63$ 361.05$ 173.41$ 8,204.55$
2044 3,551.08$ 4,132.38$ 344.37$ 176.87$ 8,204.71$
2045 3,780.19$ 3,919.32$ 326.61$ 180.41$ 8,206.52$
2046 4,021.67$ 3,692.51$ 307.71$ 184.02$ 8,205.91$
2047 4,278.64$ 3,451.21$ 287.60$ 187.70$ 8,205.15$
2048 4,554.18$ 3,194.49$ 266.21$ 191.45$ 8,206.33$
2049 4,845.20$ 2,921.24$ 243.44$ 195.28$ 8,205.16$
2050 5,154.80$ 2,630.53$ 219.21$ 199.19$ 8,203.72$
2051 5,486.07$ 2,321.24$ 193.44$ 203.17$ 8,203.91$
2052 5,839.01$ 1,992.07$ 166.01$ 207.24$ 8,204.33$
2053 6,213.62$ 1,641.73$ 136.81$ 211.38$ 8,203.54$
2054 6,616.10$ 1,268.92$ 105.74$ 215.61$ 8,206.37$
2055 7,040.25$ 871.95$ 72.66$ 219.92$ 8,204.78$
2056 7,492.26$ 449.54$ 37.46$ 224.32$ 8,203.57$
Total 105,108.36$ 125,460.19$ 10,455.02$ 5,124.38$ 246,147.94$
Footnotes:
[a] Interest is calculated at a 6.00% rate for illustrative purposes and is subject to change upon
PID Bond issuance.
[b] The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or
other available offsets could increase or decrease the amounts shown.
ANNUAL INSTALLMENTS - IMPROVEMENT AREA #1 LOT TYPE 4
# of Lots: 418
Total Cost Per Lot % of Cost
CONSTRUCTION COST - PHASE 1 PID
SWPPP/Inspection 15,000.00$ 35.89$ 0.03% Street
Construction Materials Testing 229,900.00$ 550.00$ 0.50% Street
Turn Lanes (TXDOT) 400,000.00$ 956.94$ 0.87% Street
Signage (Includes CBUs) 233,490.00$ 558.59$ 0.51% Street
Erosion Control 278,744.50$ 666.85$ 0.61% Street
Public Excavation 292,884.50$ 700.68$ 0.64% Street
Paving 5,414,872.63$ 12,954.24$ 11.79% Street
Water 2,285,898.20$ 5,468.66$ 4.98% Water
Sanitary Sewer 2,797,635.50$ 6,692.91$ 6.09% Sewer
Storm Drainage 3,583,566.20$ 8,573.12$ 7.80% Storm Drainage
Final Stabilization 2,762,590.99$ 6,609.07$ 6.02% Final Stabilization
CONSTRUCTION CONTINGENCY (15%)2,744,187.38$ 6,565.04$ 5.98% Soft Costs
TOTAL HARD COST - PHASE 1 PID 21,038,769.90$ 50,331.99$ 45.82%
PID SOFT COSTS
Construction Management (4% of Phase 1 PID Hard Costs)731,783.30$ 1,750.68$ 1.59% Soft Costs
Developer PID Cost 75,000.00$ 179.43$ 0.16% Soft Costs
Utility Maintenance Bond 132,900.00$ 317.94$ 0.29% Soft Costs
Preliminary Engineering 64,650.00$ 154.67$ 0.14% Soft Costs
Public Engineering, Construction Staking, Administrative 816,200.00$ 1,952.63$ 1.78% Soft Costs
Survey (topo, tree, boundary, easement, etc.)52,500.00$ 125.60$ 0.11% Soft Costs
Soil Testing - Final Geotech 55,380.00$ 132.49$ 0.12% Soft Costs
Restaking 20,900.00$ 50.00$ 0.05% Soft Costs
Preliminary Plat/Final Plat 127,700.00$ 305.50$ 0.28% Soft Costs
Plat Filing Fees & Review Fees 19,941.40$ 47.71$ 0.04%Soft Costs
Flood Study 13,700.00$ 32.78$ 0.03%Soft Costs
Final Stabilization Design 144,607.79$ 345.95$ 0.31% Soft Costs
Right of Way 3,696,000.00$ 8,842.11$ 8.05% Soft Costs
Inspection Fees (4.0%)588,618.50$ 1,408.18$ 1.28%Soft Costs
TOTAL PID SOFT COST 6,539,880.99$ 15,645.65$ 14.24% Soft Costs
PHASE 1 PRIVATE CIVIL ITEMS
Construction Management (4% of Private Civil Items Hard Cost)101,798.70$ 243.54$ 0.22% Private Civil
Private Engineering, Construction Staking, Administrative 209,000.00$ 500.00$ 0.46% Private Civil
Private Excavation 643,950.50$ 1,540.55$ 1.40% Private Civil
Retaining Walls 606,699.00$ 1,451.43$ 1.32% Private Civil
Street Lights 326,886.00$ 782.02$ 0.71% Private Civil
Electric Service 418,000.00$ 1,000.00$ 0.91% Private Civil
Gas Service -$ -$ 0.00% Private Civil
Duct Bank 129,150.00$ 308.97$ 0.28% Private Civil
Telephone / Fiber Optics -$ -$ 0.00% Private Civil
Irrigation Crossings 70,047.00$ 167.58$ 0.15% Private Civil
Franchise Crossings 350,235.00$ 837.88$ 0.76% Private Civil
HARD COST CONSTRUCTION CONTINGENCY (15%)381,745.13$ 913.27$ 0.83% Private Civil
TOTAL PHASE 1 PRIVATE CIVIL ITEMS COST 3,237,511.33$ 7,745.24$ 7.05% Private Civil
PHASE 1 PRIVATE HARDSCAPE ITEMS
Construction Management (4% of Private Hard Cost)85,009.06$ 203.37$ 0.19% Private HS
Hardscape Design 177,142.21$ 423.79$ 0.39% Private HS
Hardscape Trails 570,128.00$ 1,363.94$ 1.24% Private HS
Central Green - Hardscape 1,032,900.00$ 2,471.05$ 2.25% Private HS
Pocket Park - Hardscape 942,336.50$ 2,254.39$ 2.05% Private HS
Attached Green 1 - Hardscape 67,127.50$ 160.59$ 0.15% Private HS
Attached Green 2 - Hardscape 82,862.50$ 198.24$ 0.18% Private HS
GENERAL CONDITIONS (10%)295,750.58$ 707.54$ 0.64% Private HS
HARD COST CONSTRUCTION CONTINGENCY (15%)448,665.76$ 1,073.36$ 0.98% Private HS
TOTAL PHASE 1 PRIVATE HARDSCAPE ITEMS COST 3,701,922.11$ 8,856.27$ 8.06% Private HS
PHASE 1 380 AGREEMENT ITEMS
Construction Management (4% of 380 Agreement Hard Cost)332,758.20$ 796.07$ 0.72% 380
Engineering, Construction Staking, Administrative 998,274.60$ 500.00$ 2.17% 380
Water 2,218,535.00$ 5,307.50$ 4.83% 380
Sanitary Sewer 6,100,420.00$ 14,594.31$ 13.29% 380
Maintenance Bond 166,379.10$ 398.04$ 0.36% 380
Inspection Fees (4.0%)332,758.20$ 796.07$ 0.72% 380
HARD COST CONSTRUCTION CONTINGENCY (15%)1,247,843.25$ 2,985.27$ 2.72% 380
TOTAL PHASE 1 380 AGREEMENT COST 11,396,968.35$ 27,265.47$ 24.82% 380
TOTAL DIRECT PID COST 27,578,650.89$ 65,977.63$ 60.06%
TOTAL PROJECT COST 45,915,052.67$ 109,844.62$ 100.00%
PID HARD COST
PID SOFT COST
PRIVATE COST
Allocation
380 AGREEMENT COST
Sherley Farms Phase 1
Phase 1 Summary
Description Unit Quantity Unit Price Total Cost
Erosion Control
Wire-reinforced Silt Fence Metal Posts LF 16670 $ 2.05 34,173.50$
8' Curlex Behind BOC LF 43500 $ 1.50 65,250.00$
8' Curlex (Slope Protection)SF 526400 $ 0.19 100,016.00$
Seed and Harrow AC 124 $ 350.00 43,400.00$
Z-panel Inlet Protection EA 102 $ 165.00 16,830.00$
Stone Overflow EA 11 $ 375.00 4,125.00$
Rock Check Dam - 30" max length EA 13 1,150.00$ 14,950.00$
Total Erosion Control Cost 278,744.50$
Final Stabilization
Fine Grading LS 1 $ 125,000.00 125,000.00$
Bioswale LS 1 $ 50,000.00 50,000.00$
Ornamental Trees EA 188 $ 600.00 112,800.00$
Canopy Trees EA 4 $ 1,200.00 4,800.00$
Canopy Trees EA 408 $ 800.00 326,400.00$
Specimen Trees EA 2 $ 2,500.00 5,000.00$
Reforested Trees EA 70 $ 350.00 24,500.00$
Planting Beds SF 124,178 $ 7.00 869,246.00$
Planting Bed Irrigation SF 124,178 $ 1.50 186,267.00$
Lawn SF 168,731 $ 1.00 168,731.00$
Lawn Irrigation SF 562,059 $ 0.65 365,338.35$
Hydroseed SF 544,328 $ 0.50 272,164.00$
Irrigation Sleeves LF 200 $ 6.00 1,200.00$
General Conditions LS 1 $ 251,144.64 251,144.64$
Total Final Stabilization Cost 2,762,590.99$
Public Excavation
Clearing & Grubbing AC 144 650.00$ 93,600.00$
Unclassified Excavation - ROW CY 55958 2.75$ 153,884.50$
Rock Surcharge - ROW CY 3280 2.50$ 8,200.00$
Over-Exc & Process Rock Roads (8") CY 1480 2.50$ 3,700.00$
Strip, Stockpile & Spread Topsoil LS 1 30,000.00$ 30,000.00$
Fine Grade Open Spaces LS 1 3,500.00$ 3,500.00$
Total Excavation Cost 292,884.50$
Paving
Asphalt Transition Pavement, 2" Type C
or D HMAC With PG 76-22 Binder, 8"
Type A or B HMAC
SY
598 $ 106.55 63,716.90$
6" Reinforced Concrete Pavement, Curb
& Gutter (4000 psi, #4 Bars @ 18"
OCEW) 31' B-B Residential Section
SY
76,885 $ 46.85 3,602,070.99$
6" Reinforced Concrete Pavement, (4000 psi, #4
Bars @ 24" OCEW) 24' E-E Alley Section(s) SY 2,642 $ 54.49 143,971.56$
6" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW) 12' E-E Alley
Section
SY
426 $ 54.43 23,187.58$
8" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW) Roundabout
Paving including Mountable Curb
SY
1,516 $ 66.19 100,346.33$
Roundabout Truck Apron Including
Concrete, Vehicular Pavers, and 6" Curb SY 227 $ 165.20 37,500.40$
8” Reinforced Concrete Pavement, Curb & Gutter
(4000 psi, #4 Bars @ 18"
OCEW), Residential Entrance Section(s)
18' B-B
SY
2,459 $ 64.85 159,471.44$
Roundabout Median Median Pavers With
Mountable Curb SY 81 $ 179.71 14,556.18$
6" Lime Stabilized Subgrade (1' outside
BOC) SY 86,613 $ 2.80 242,515.01$
8" Lime Stabilized Subgrade (1' outside
BOC) SY 4,268 $ 3.00 12,803.21$
6% Hydrated Lime (27#/SY) TONS 1,170 $ 319.80 374,166.02$
6% Hydrated Lime (36#/SY) TONS 77 $ 319.25 24,582.17$
Directional Barrier Free Ramps EA 19 $ 2,850.00 54,150.00$
Bi-Directional Barrier Free Ramps EA 48 $ 2,954.58 141,820.00$
Mid Block Barrier Free Ramp EA 20 $ 1,950.00 39,000.00$
Sherley Farms Phase 1
Phase 1 PID Hard Cost Detail
Description Unit Quantity Unit Price Total Cost
Construct Street Header LF 483 $ 15.00 7,245.00$
Furnish and Install Type IIl Barricade LF 291 $ 65.21 18,975.00$
5' Sidewalk (4" thick) SY 3,070 $ 64.95 199,402.27$
6-12" Dry Rock Rip Rap SY 190 $ 100.00 19,000.00$
Traffic Control EA 1 $ 25,000.00 25,000.00$
Maintenance Bond 2 Year 100% LS 3 $ 21,500.00 64,500.00$
5" Reinforced Concrete Pavement, (4000
psi, #4 Bars @ 18" OCEW), Parallel
Parking Stalls SY 677 $ 61.52 41,646.57$
Connect to Street Header LF 116 $ 15.00 1,740.00$
Remove and Dispose of Type III Barricade LF 117 $ 29.97 3,506.00$
Total Paving Cost 5,414,872.63$
Water
8" DR-18 LF 21748 52.56$ 1,143,120.90$
6" Gate Valve EA 49 $ 1,570.00 76,930.00$
8" Gate Valve EA 87 $ 2,160.00 187,920.00$
1" Single Water Service EA 422 $ 945.00 398,790.00$
2" Air Release Valve EA 2 $ 6,700.00 13,400.00$
2" Irrigation Service EA 1 $ 3,000.00 3,000.00$
2" Auto Flush Device EA 11 $ 8,905.45 97,960.00$
Fire Hydrant Assembly W/ 6" Lead EA 47 $ 5,041.06 236,930.00$
Cast Iron Fittings TONS 7.7 $ 8,397.73 64,662.50$
Trench Safety LF 21748 $ 0.10 2,174.80$
Chlorination & Testing LF 21748 $ 2.50 54,370.00$
8" Plug EA 12 $ 291.67 3,500.00$
Remove Ex. 8" Plug & Connect 8" EA 3 $ 1,046.67 3,140.00$
Total Water Cost 2,285,898.20$
Sanitary Sewer
8" SDR-35 LF 12,031 78.61$ 945,732.20$
8" SDR-26 LF 6,956 $ 89.70 623,976.80$
4' Dia. Manhole EA 61 $ 7,307.54 445,760.00$
4' Dia. Drop Manhole EA 1 11,410.00$ 11,410.00$
5' Dia. Drop Manhole EA 1 13,975.00$ 13,975.00$
Remove Ex. 8" Plug & Connect 8" EA 4 638.75$ 2,555.00$
8" Plug EA 6 276.67$ 1,660.00$
4" Sewer Service EA 422 1,400.13$ 590,855.00$
16" SDR-35 Encasement Pipe LF 580 110.86$ 64,300.00$
Trench Safety LF 18,987 $ 0.10 1,898.70$
T.V. & Testing LF 18,987 $ 4.86 92,332.80$
Concrete Encasement LF 30 $ 60.00 1,800.00$
Connect To Ex. Manhole EA 1 $ 1,380.00 1,380.00$
Total Sanitary Sewer Cost 2,797,635.50$
Storm Drainage
18" RCP LF 3,675 $ 80.00 294,000.00$
21" RCP LF 1,901 $ 89.00 169,189.00$
24" RCP LF 1,789 $ 97.00 173,533.00$
27" RCP LF 1,003 $ 120.00 120,360.00$
30" RCP LF 1,062 $ 127.00 134,874.00$
33" RCP LF 934 $ 138.00 128,892.00$
36" RCP LF 1,138 $ 149.00 169,562.00$
42" RCP LF 1,374 $ 181.00 248,694.00$
48" RCP LF 897 $ 207.00 185,679.00$
54" RCP LF 811 $ 243.00 197,073.00$
60" RCP LF 673 $ 273.00 183,729.00$
4' Junction Box EA 12 $ 7,360.00 88,320.00$
5' Junction Box EA 9 $ 8,165.00 73,485.00$
6' Junction Box EA 1 $ 9,085.00 9,085.00$
21" Type "C" Headwall EA 1 $ 4,900.00 4,900.00$
27" Type "B" Headwall EA 1 $ 4,830.00 4,830.00$
30" Type "B" Headwall EA 1 $ 5,060.00 5,060.00$
Description Unit Quantity Unit Price Total Cost
36" Type "C" Headwall EA 1 $ 5,865.00 5,865.00$
42" Type "B" Headwall EA 2 $ 5,980.00 11,960.00$
42" Type "C" Headwall EA 1 $ 6,615.00 6,615.00$
54" Type "C" Headwall EA 2 $ 7,935.00 15,870.00$
60" Type "C" Headwall EA 1 $ 8,740.00 8,740.00$
2' X 2' Wye Inlet W/ 4' Concrete Apron EA 1 $ 5,520.00 5,520.00$
5' Curb Inlet EA 1 $ 7,420.00 7,420.00$
10' Curb Inlet EA 92 $ 8,165.00 751,180.00$
Non Standard Curb Inlet (2-5',2-8'&1-12') EA 5 $ 8,050.00 40,250.00$
Grate Combo Inlet EA 3 $ 9,430.00 28,290.00$
Remove Ex. 42" Headwall & Connect EA 2 $ 1,785.00 3,570.00$
6"-12" Dry Rock Rip Rap SY 412 $ 104.00 42,848.00$
Trench Safety LF 15,257 $ 0.10 1,525.70$
T.V. Inspection LF 15,257 $ 5.00 76,285.00$
18" Type Il Precast Safety End Treatment EA 4 $ 1,430.00 5,720.00$
Unclassified Excavation - Ponds & Drainage CY 58470 2.75$ 160,792.50$
Rock Surcharge - Ponds & Drainage CY 39260 2.50$ 98,150.00$
Aeration EA 4 25,000.00$ 100,000.00$
18" Pond Clay Liner CY 8680 2.50$ 21,700.00$
Total Storm Drainage Cost 3,583,566.20$
17,416,192.52$ Total Phase 1 PID Hard Cost Detail Cost
Private Excavation
Unclassified Excavation - Private CY 134282 2.75$ 369,275.50$
Rock Surcharge - Private CY 7160 2.50$ 17,900.00$
Over-Exc & Process Rock Pads (6") CY 2390 2.50$ 5,975.00$
Rough Lot Benching EA 418 400.00$ 167,200.00$
Final Lot Benching EA 418 200.00$ 83,600.00$
Total Private Excavation Cost 643,950.50$
Retaining Walls
Retaining Walls LS 1 606,699.00$ 606,699.00$
Total Retaining Walls Cost 606,699.00$
1,250,649.50$
Sherley Farms Phase 1
Phase 1 Private Civil Detail
Total Phase 1 Private Civil Detail Costs
Description Unit Quantity Unit Price Total Cost
Hardscape Trails
6' Wide Trail SF 17,688 8.00$ 141,504.00$
10' Wide Trail SF 26,230 8.00$ 209,840.00$
12' Wide Trail SF 27,348 8.00$ 218,784.00$
Total Hardscape Trails Cost 570,128.00$
Central Green - Hardscape
Metal Grate at Bioswale EA 1 $ 10,000.00 10,000.00$
Pond Terrace Steps LS 1 $ 150,000.00 150,000.00$
Misc. Site Walls / Steps / Rails / Handrails LS 1 $ 650,000.00 650,000.00$
SF Entry Signage LS 1 $ 100,000.00 100,000.00$
Lighting / Electrical LS 1 $ 50,000.00 50,000.00$
Split Rail Fence LF 1,620 $ 45.00 72,900.00$
Central Green - Hardscape Cost 1,032,900.00$
Pocket Park - Hardscape
Decomposed Granite or Aggregate SF 8,743 $ 5.50 48,086.50$
Stone Slabs EA 11 $ 1,000.00 11,000.00$
Play Fall Surfacing SF 13,875 $ 5.00 69,375.00$
Play Equipment LS 1 $ 500,000.00 500,000.00$
Barrier Free Ramps EA 6 $ 1,500.00 9,000.00$
Site Furnishings EA 34 $ 2,000.00 68,000.00$
Lighting & Electrical LS 1 $ 75,000.00 75,000.00$
Fence LF 475 $ 25.00 11,875.00$
Trellis EA 2 $ 75,000.00 150,000.00$
Pocket Park - Hardscape Cost 942,336.50$
Attached Green 1 -
Hardscape
Decomposed Granite or Aggregate SF 2,205 $ 5.50 12,127.50$
Stone Slabs EA 42 $ 1,000.00 42,000.00$
Barrier Free Ramps EA 2 $ 1,500.00 3,000.00$
Lighting and Electrical LS 1 $ 10,000.00 10,000.00$
Attached Green 1 - Hardscape Cost 67,127.50$
Attached Green 2 -
Hardscape
Decomposed Granite or Aggregate SF 3,975 $ 5.50 21,862.50$
Stone Slabs EA 51 $ 1,000.00 51,000.00$
Lighting and Electrical LS 1 $ 10,000.00 10,000.00$
Attached Green 2 - Hardscape Cost 82,862.50$
2,695,354.50$
269,535.45$
Total Phase 1 Private Landscape/Hardscape Detail Cost with General Conditions 2,964,889.95$
Sherley Farms Phase 1
Phase 1 Private Landscape/Hardscape Detail
Total Phase 1 Private Landscape/Hardscape Detail Cost
General Conditions (10%)
Water
12" DR-18 LF 13410 95.00$ 1,273,950.00$
16" DR-18 LF 1775 125.00$ 221,875.00$
24" Steel Casing Pipe LF 40 1,000.00$ 40,000.00$
6" Gate Valve EA 30 2,000.00$ 60,000.00$
12" Gate Valve EA 31 4,400.00$ 136,400.00$
16" Butterfly Valve EA 3 10,000.00$ 30,000.00$
Fire Hydrant & Assembly EA 30 7,400.00$ 222,000.00$
Air Release Valve EA 3 20,000.00$ 60,000.00$
Connect To Existing EA 2 5,000.00$ 10,000.00$
Trench Safety LF 15185 1.00$ 15,185.00$
Concrete Blocking LS 1 20,000.00$ 20,000.00$
Ductile Iron Fittings TON 15.2 3,500.00$ 53,200.00$
Water Line Testing LF 15185 5.00$ 75,925.00$
Total Water Cost 2,218,535.00$
Sanitary Sewer
10" PVC LF 1485 102.00$ 151,470.00$
12" PVC LF 750 110.00$ 82,500.00$
21" PVC LF 2130 162.00$ 345,060.00$
24" PVC LF 2500 180.00$ 450,000.00$
20" Fused HDPE LF 8000 175.00$ 1,400,000.00$
4' Manhole EA 4 8,000.00$ 32,000.00$
5' Manhole EA 28 10,000.00$ 280,000.00$
Air Release Valve EA 1 20,000.00$ 20,000.00$
Remove & Replace Driveway EA 11 3,000.00$ 33,000.00$
24" Steel Encasement By Bore LF 280 1,060.00$ 296,800.00$
24" Steel Encasement By Open Cut LF 40 260.00$ 10,400.00$
Lift Station LS 1 2,700,000.00$ 2,700,000.00$
Trench Safety LF 14865 1.00$ 14,865.00$
Sewer Line Testing LF 14865 5.00$ 74,325.00$
Traffic Control LS 1 50,000.00$ 50,000.00$
Easement Acquisition SF 160000 1.00$ 160,000.00$
Total Sanitary Sewer Cost 6,100,420.00$
8,318,955.00$
Sherley Farms Phase 1
Phase 1 380 Agreement Improvements Detail
Total Phase 1 380 Agreement Improvement Detail Cost
1
2
3
4
5
6
7
Phase 1 retaining wall costs are based on a bid received by Wallco Retaining Walls, Inc.
on 09/09/2025.
Phase 1 landscape, hardscape, and amenity costs are based on an estimate received by
Garrison/Jones Landscape Architects received on 1/9/2025.
ROW Value is based on appraisal report File No. A25-1217-06 by Peyo Southwest Realty,
Inc.
Assumptions
Sherley Farms Phase 1
Phase 1 residential water, sanitary sewer, storm, and utility maintenance bond costs are
based on a bid received by KCK Utility Construction on 10/21/2025.
Phase 1 erosion control costs are based on a bid received by Southwest Erosion Control,
prepared on 10/28/2025.
Phase 1 excavation costs are based on a bid received by Sinacola on 10/24/2025.
Phase 1 residential paving costs are based on a bid received by Chris Harp Construction
on 10/14/2025.
Item No. 7.a.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Natasha Roach
AGENDA ITEM:
First Reading of a Resolution approving an Economic Development Incentive
Agreement between the Anna Community Development Corporation and the Seitz
Group, Inc. (Interim Director of Economic Development Natasha Roach)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the agreement. The
Resolution is included in the proceeding item approving an agreement between the
CDC and the Seitz Group, Inc. The CDC Board approved the agreement on January 8,
2026. This is the first reading of the Resolution. The presiding officer should read the
following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO ENTER
INTO AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH THE SEITZ
GROUP, INC.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.b.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Natasha Roach
AGENDA ITEM:
Second Reading of a Resolution approving an Economic Development Incentive
Agreement between the Anna Community Development Corporation and the Seitz
Group, Inc. (Interim Director of Economic Development Natasha Roach)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the agreement. The
Resolution is included in the proceeding item approving an agreement between the
CDC and the Seitz Group, Inc. The CDC Board approved the agreement on January 8,
2026. This is the second reading of the Resolution. The presiding officer should read
the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO ENTER
INTO AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH THE SEITZ
GROUP, INC.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.c.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact: Natasha Roach
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving an Economic Development
Incentive Agreement between the Anna Community Development Corporation and the
Seitz Group, Inc. (Interim Director of Economic Development Natasha Roach)
SUMMARY:
This Economic Development Incentive Agreement is for approximately 27.256 acres of
land located at or near the southeast corner of the intersection of Highway 75 and
Rosamond Parkway. The construction of the Grocery and Retail Improvements will
require installation of certain public roadway improvements, including deceleration turn
lanes to serve the property.
Details of these incentives are as follows:
• Reimbursable Construction Costs: In exchange for Developer timely and
completely satisfying its obligations to construct the Roadway Turn-Lane
Infrastructure under this Agreement, the CDC shall provide reimbursement to
Developer for the Reimbursable Construction Costs of the Roadway Turn-Lane
Infrastructure in a total amount not to exceed $294,147.15.
These improvements will require the approval and acceptance by the City or Texas
Department of Transportation before the reimbursement of funds can be issued.
These improvements shall be completed in sufficient time to allow for the opening of the
Grocery Improvements for use by the public by the Grocery Improvements Deadline of
December 31, 2027.
FINANCIAL IMPACT:
There is no fiscal impact for the 2025-2026 budget. The anticipated cost of $294,147.15
will be included in the CDC's Economic Development Grant Expense category for the
2026-2027 fiscal budget.
BACKGROUND:
The CDC Board of Directors approved a Resolution at their January 8, 2026 CDC/EDC
Joint Board Meeting approving the Economic Development Incentive Agreement.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - CDC Seitz Incentive Agreement
2. Exhibit 1 (SEITZ) ANNA SEC CORNER -- CDC Incentives Agreement
CITY OF ANNA, TEXAS
the Anna Community Development Corporation (the “CDC”) has approved
an Economic Development Incentive Agreement with the Seitz Group, Inc., (the
“Developer”), a copy of which is attached as Exhibit 1 (the “Incentive Agreement”); and
the City Council desires to approve of the CDC entering into the Incentive
Agreement with the Seitz Group, Inc.;
Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Approval of CDC’s Incentive Agreement
The City Council hereby approves of the CDC entering into the Incentive Agreement;
provided, however, it be understood that that the City of Anna is not a party to the
Incentive Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 6th day
of January 2026.
ATTEST: APPROVED:
_____________________________ ____________________________
Carrie Land, City Secretary Pete Cain, Mayor
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 1
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (this “Agreement”) is
made and entered into as of ______________, 2026 (the “Effective Date”), by and between the
Anna Community Development Corporation(the “CDC”) and Seitz Group, Inc. (“Developer”)
(each a “Party” and collectively the “Parties”).
that certain real property consisting of approximately 27.356 acres of land
located at or near the southeast corner of the intersection of Highway 75 and Rosamond
Parkway, in the City of Anna, County of Collin, State of Texas, as generally depicted in Exhibit
A attached hereto and incorporated by reference (“the Property”), has been acquired or is in the
process of being acquired in order to be developed and used by Developer for a new retail
grocery store anchor and adjoining fuel center and other strip center retail uses (the “Project”);
and
, the construction and installation of the Grocery Improvements (defined
below) and the Retail Improvements (defined below) will require installation of certain public
roadway improvements including deceleration turn lanes to serve the Property as more
particularly described and depicted on Exhibit B (the “Roadway Turn-Lane Infrastructure”); and
the estimated budgeted costs of the Roadway Turn-Lane Infrastructure is
shown on Exhibit C; and
Developer has requested certain economic development incentives for
development of the Property to defray the costs or a portion of the costs of the Roadway Turn-
Lane Infrastructure; and
the CDC has concluded and hereby finds that the Roadway Turn-Lane
Infrastructure Project will promote new or expanded business development in and near the City
of Anna, Texas (the “City”); and
the CDC has determined that making economic development grants to
Developer in accordance with this Agreement will further the objectives of the CDC and the
City, will benefit the City and the City's inhabitants, will promote local economic development,
will stimulate commercial and business activity, and will generate additional sales tax and will
enhance the property tax base and economic vitality of the City;
in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
CDC and Developer covenant and agree as follows:
For purposes of this Agreement, each of the following terms
shall have the meanings set forth below unless the context clearly indicates otherwise:
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 2
“Bankruptcy or Insolvency'' shall mean the dissolution or termination of a Party’s
existence as a going business, insolvency, appointment of receiver for any part of such Party’s
property and such appointment is not terminated within one hundred twenty (120) days after
such appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such
Party and such proceeding is not dismissed within one hundred twenty (120) days after the filing
thereof.
“City Regulations” means the City’s applicable development regulations in effect on the
Effective Date, including without limitation City code provisions, ordinances, design standards
(including, without limitation, pavement thickness); provided, however, nothing herein shall be
construed as a waiver by the Developer or any owner of all or a portion of the Property of any
rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it
exists or may be amended, with respect to any existing or future improvements on the Property.
“Commencement Date” shall mean the date a certificate of occupancy is issued by the
City for occupancy of the Retail Improvements or the Grocery Improvements, as applicable.
“Completion of Construction of the Grocery Improvements” shall mean that (i) the
Grocery Improvements are sufficiently complete, so as to be operational and fit for the intended
use, and only minor items such as touch-up, adjustments, and minor replacements or installations
remain to be completed; and (ii) the City has issued a certificate of occupancy for occupancy of
the Grocery Improvements.
“Completion of Construction of Roadway Turn-Lane Infrastructure” shall mean that the
Roadway Turn-Lane Infrastructure is sufficiently complete, so as to be operational and fit for the
intended use, and only minor items such as touch-up, adjustments, and minor replacements or
installations remain to be completed.
“Effective Date” shall mean the last date of execution hereof.
“Expiration Date” shall mean the earlier of (a) the date on which Developer has been
reimbursed for the costs of construction of the Roadway Turn-Lane Infrastructure have been
issued, or (b) the date that is ten years from the Effective Date of this Agreement.
“Force Majeure Event” shall mean any contingency or cause beyond the reasonable
control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto governmental action or inaction (unless caused
by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes,
slowdowns or work stoppages, and epidemic, pandemic or other widespread disease (and
including delays due thereto continuing after such event has ended).
“Grocery Improvements” shall mean a grocery store containing not less than
approximately 100,000 square feet and an adjoining fuel center to be constructed on the Property,
as more fully described in the submittals filed by Developer, or any of its agents, with the City,
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 3
from time to time, in order to obtain a building permit(s). For the avoidance of doubt, the Grocery
Improvements shall only include those improvements constructed on Lot 1and Lot 7 as identified
in Exhibit A, and shall not include any other lots or outparcels located on the Property.
“Party” shall mean any party to this Agreement.
“Property” shall mean the real property described in Exhibit A.
“Public Infrastructure,” generally, shall mean all water, wastewater/sewer, detention and
drainage, roadway, park and trail, and other infrastructure serving the Property which is
dedicated to the City. Such term includes the Roadway Turn-Lane Infrastructure.
“Real Property Records” means the official land recordings of the Collin County Clerk’s
Office.
“Reimbursable Construction Costs” shall mean the costs of design and construction of
the Roadway Turn-Lane Infrastructure as further described in this Agreement but shall not
include costs or expenses associated with right-of-way, land, or easement acquisition costs.
“Roadway Turn-Lane Infrastructure” shall mean the deceleration turn lanes as described
and depicted in Exhibit B.
Section 2.Incentives.
(a)Reimbursable Construction Costs. In exchange for Developer timely and
completely satisfying its obligations to construct the Roadway Turn-Lane Infrastructure under
this Agreement, the CDC shall provide reimbursement to Developer for the Reimbursable
Construction Costs of the Roadway Turn-Lane Infrastructure in a total amount not to exceed
$294,147.15 (the “Maximum Reimbursement Amount”); provided, however, that if the actual
cost to construct and/or effectuate the Roadway Turn-Lane Infrastructure is less than the
Maximum Reimbursement Amount, Developer shall only receive the actual costs of the
Roadway Turn-Lane Infrastructure. In no event shall the CDC be required to provide
reimbursements in an amount greater than the Maximum Reimbursement Amount even if the
actual cost of the Roadway Turn-Lane Infrastructure exceeds the Maximum Reimbursement
Amount. At the Completion of Construction of the Roadway Turn-Lane Infrastructure,
Developer shall provide any and all documentation satisfactory to the CDC, in the CDC’s
discretion, evidencing the actual costs of the Roadway Turn-Lane Infrastructure.
(b)Improvements Requiring Approval of the City or Texas Department of
Transportation (“TxDOT”). The Parties understand and acknowledge that the CDC cannot
control the determinations or decisions made by the City or TxDOT. The CDC will reasonably
cooperate with the City and TxDOT to attempt to facilitate any necessary approvals from the City
or TxDOT for the City and/or TxDOT roadway improvements being constructed on the west side
of the site (which TxDOT improvements will be constructed at Developer’s cost).
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 4
Section 3.Obligations. The obligation of the CDC to provide the Incentives described
in Section 2 shall be conditioned upon the compliance and satisfaction of each of the terms and
conditions of this Agreement by Developer including without limitation each of the terms and
conditions set forth below:
(a)Required Construction of Roadway Turn-Lane Infrastructure. The obligation of the
CDC to provide the Incentives described in Section 2(b) shall be conditioned upon the
compliance and satisfaction of each of the terms and conditions of this section 3(a). Developer
shall construct the Roadway Turn-Lane Infrastructure and shall complete such Roadway Turn-
Lane Infrastructure in sufficient time to allow for the opening of the Grocery Improvements for
use by the public by the Grocery Improvement Deadline as may be extended as set forth below
for obtaining the certificates of occupancy for the Grocery Improvements. Upon the Completion
of Construction of Roadway Turn-Lane Infrastructure, the CDC shall provide the reimbursement
of the Reimbursable Construction Costs of the Roadway Turn-Lane Infrastructure as set forth
in Section 2(b) hereof.
(b)Completion of Construction of the Grocery Improvements; Employment
Requirements. The obligation of the CDC to provide the Incentives described in Section 2(a)
shall be conditioned upon the compliance and satisfaction of each of the terms and conditions of
this Agreement by Developer including without limitation each of the terms and conditions set
forth below:
(1) Developer shall cause Completion of Construction of the Grocery
Improvements and shall obtain the certificates of occupancy necessary to
open to the Grocery Improvements to the public for the intended grocery and
fuel store uses on or before December 31, 2027 (the “Grocery Improvements
Deadline”). Notwithstanding the foregoing, Developer may: (i) extend the
Grocery Improvements Deadline for a six-month period by delivering a
written notice of extension to the CDC on or before the Grocery
Improvements Deadline, and upon the delivery of such notice, the Grocery
Improvements Deadline shall be extended to June 30, 2028; and (ii) extend
the Grocery Improvements Deadline for a second six-month period by
delivering a written notice of such second extension to the CDC on or before
the expiration of the first six-month extension period, and upon the delivery
of such notice, the Grocery Improvements Deadline shall be extended to
December 31, 2028 (the “Outside Grocery Improvements Deadline”). Such
extensions requested by the Developer as described in the preceding sentence
shall be automatic upon delivery of notice and shall not require separate
approval of the CDC. Notwithstanding the foregoing or any other provision
of this Agreement, the Grocery Improvements Deadline shall not be extended
beyond the Outside Grocery Improvements Deadline set forth in this
paragraph unless this Agreement is amended to expressly provide for an
additional extension by the mutual written agreement of the Parties.
(2) Developer shall cause the tenant or purchaser of the Grocery Improvements
to agree to employ, during the Term of this Agreement not less than 175 full-
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 5
time equivalent employees, which shall be calculated by the number of total
hours worked by employees working in the Grocery Improvements, divided
by the maximum number of compensable hours for a full-time work schedule
(35hrs/week).
(c)Required Use. During the term of this Agreement following the applicable
Commencement Date and continuing thereafter until the Expiration Date, the Retail Improvements
shall not be used for any purpose other than a retail strip center and the Grocery Improvements
shall not be used for any other purpose than a grocery and fuel center.
(d)Ownership. During the term of this Agreement, Developer may sell all or a portion
of the Property; provided, however, Developer shall remain liable for all obligations hereunder
other than any obligations properly assigned pursuant to Section 27. For clarity, the CDC
acknowledges that the Developer may transfer all or a portion of the Property for development of
the Grocery Improvements or Retail Improvements.
Section 4.Additional Agreements.
(a)Construction of Roadway Turn-Lane Infrastructure and Public Infrastructure,
Developer hereby represents and warrants that all construction and inspection activities and
improvements in connection with or relating to the Project shall (i) be conducted in a good, safe,
and workmanlike manner; and (ii) materially comply with the City Regulations. Unless otherwise
provided herein, Developer further agrees and acknowledges that the CDC shall have no
responsibility to perform, monitor, supervise, manage, inspect, or control the construction of the
Project or related improvements.
(b)Intentionally Left Blank.
Section 5.Termination Provisions.
(a)Termination. This Agreement terminates on the Expiration Date, and may, prior
to the Expiration Date, be terminated upon any one or more of the following:
(1) by mutual written agreement of the Parties;
(2) by a Party, if another Party defaults or breaches any of the terms or conditions of
this Agreement, and such default or breach is not cured within ninety (90) days,
after written notice thereof; provided, it shall not constitute a breach or default if
corrective action is instituted by or on behalf of such Party within the ninety (90)
day period and diligently pursued until the breach or default is corrected; provided,
further that a Party will not be deemed to be in breach, default or otherwise in
violation of any term of this Agreement (other than the obligation to make a
payment) to the extent such Party’s action, inaction or omission is the result of a
Force Majeure Event as defined herein;
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 6
(3) by the CDC if any taxes or assessments owed to the CDC, City or the State of Texas
by Developer with respect to the Property shall have become delinquent (provided,
however, Developer retains the right to timely and properly protest and contest any
such taxes or assessments); or.
(4) by the CDC if Developer suffers a Bankruptcy or Insolvency.
(b)Effect of Termination. Except to the extent provided herein, upon termination of
this Agreement, the Parties shall have no further liabilities or obligations under this Agreement.
Section 6.Binding Agreement. The terms and conditions of this Agreement are
binding upon the successors and permitted assigns of the Parties.
Section 7.Limitation on Liability. It is understood and agreed between the Parties
that Developer in satisfying the conditions of this Agreement has acted independently, and the
CDC assumes no responsibilities or liabilities to third parties in connection with Developer’s
actions.
Section 8.No Joint Venture. It is acknowledged and agreed by the Parties that the
terms hereof are not intended to and shall not be deemed to create a partnership or joint venture
among the Parties.
Section 9.Authorization. Each Party represents that it has full capacity and authority
to grant all rights and assume all obligations that are granted and assumed under this Agreement.
Section 10.Construction of Agreement; Venue. This Agreement shall be governed
by and construed in accordance with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Collin County, Texas. Venue for any action arising
under this Agreement shall lie in Collin County, Texas.
Section 11.Notices. Any notices required or permitted to be given hereunder shall be
given by hand delivery with proof of delivery or certified or registered mail, return receipt
requested, to the addresses set forth below. Any notice sent by certified or registered mail shall
be deemed delivered three days after deposit with USPS with proper postage paid.
If to the CDC: Anna CDC
Attn: President
120 W. 7th Street
Anna, Texas 75409
With a copy to: City of Anna
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 7
And a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Ste. 300
Frisco, Texas 75034
If to the Developer: Seitz Group, Inc.
Attn: Eric Seitz
1110 Cowan Rd.
Celina, TX 75009
With a copy to: Attn: Drew Slone
Greenberg Traurig, LLP
2200 Ross Avenue, Suite 5200
Dallas, Texas 75201
Email: drew.slone@gtlaw.com
Section 12.Attorney's Fees to Prevailing Party. In the event any Party initiates or
defends any legal action or proceeding against another Party to enforce or interpret any of the
terms of this Agreement, the prevailing Party in any such action or proceeding shall be entitled
to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's
fees on any appeal).
Section 13.Entire Agreement; Binding Effect of Agreement. This Agreement
contains the entire agreement between the parties hereto and supersedes all prior agreements,
oral or written, with respect to the subject matter hereof.
Section 14.INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER AND
ITS SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND,
HOLD HARMLESS, AND INDEMNIFY THE CDC AND ITS OFFICIALS, OFFICERS, AGENTS,
ATTORNEYS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE
“RELEASED PARTIES”), FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS,
JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CDC OR ANY OF THE RELEASED
PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEY’S FEES AND RELATED EXPENSES, EXPERT WITNESS FEES,
CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER
WRONGFUL CONDUCT OF DEVELOPER OR OWNERS, INCLUDING THE NEGLIGENCE OF
THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN,
AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY
PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS
THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT (TOGETHER, “CLAIMS”);
AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS
MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CDC’s OWN
CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION.
DEVELOPER AND OWNERS SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY
THE CDC AGAINST CLAIMS CAUSED BY THE CDC’S SOLE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CDC INCURS CLAIMS THAT ARE
CAUSED BY THE CONCURRENT NEGLIGENCE OF DEVELOPER AND/OR OWNERS AND THE
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 8
CDC, DEVELOPER’S AND/OR OWNERS’ INDEMNITY OBLIGATION(S) WILL BE LIMITED TO
A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO DEVELOPER’S AND/OR OWNERS’
OWN PERCENTAGE OF RESPONSIBILITY. DEVELOPER AND OWNERS, INCLUDING THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CDC AGAINST ANY AND
ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY
PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH
CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CDC’s
RELIANCE UPON DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT; OR (2) THIS
AGREEMENT OR OWNERSHIP OF THE PROPERTY.
Section 15.Invalidation. Invalidation of any one of the provisions of this Agreement
by judgment or court order shall in no way affect any of the other provisions, which shall remain
in full force and effect. The stricken provision will then be deemed replaced with one that is
valid and enforceable and that comes closest to expressing the Parties' original intent.
Section 16.Facsimile. A telecopied or electronic facsimile of a duly executed
counterpart of this Agreement shall be sufficient to evidence the binding agreement of each
party to the terms herein.
Section 17.Severability. In the event any provision of this Agreement shall be
determined by any court of competent jurisdiction to be invalid or unenforceable, this
Agreement shall, to the extent reasonably possible, remain in force as to the balance of its
provisions as if such invalid provision were not a part hereof.
Section 18.Authority to Execute Agreement. This Agreement shall become a binding
obligation on the signatories upon execution by all signatories hereto. The CDC warrants and
represents that (1) it has all requisite power and authority under the Constitution and laws of the
State of Texas to enter into and perform its obligations under this Agreement, and (2) the
individual executing this Agreement on behalf of the CDC has full authority to execute this
Agreement and bind the CDC to the same. Developer warrants and represents that the individual
executing this Agreement on its behalf has full authority to execute this Agreement and bind
Developer to same.
Section 19.Employment of Undocumented Workers. During the term of this
Agreement, Developer agrees not to knowingly employ any undocumented workers and if
convicted of a violation under 8 U.S.C. Section 1324a (f), Developer shall repay the amount of
any Reimbursement Payment or other funds received by Developer from CDC from the date of
this Agreement to the date of such violation within 120 days after the date Developer is notified
by CDC of such violation, plus interest at the rate of 4% compounded annually from the date of
violation until paid. Developer is not liable for a violation of this section by a subsidiary,
affiliate, or franchisee of Developer or by a person with whom Developer contracts.
Section 20.Statutory Verifications. Developer makes the following representations and
covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as heretofore
amended (the “Government Code”), in entering into this Agreement. As used in such verifications,
“affiliate” means an entity that controls, is controlled by, or is under common control with Developer
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 9
within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. Liability for
breach of any such verification during the term of this Agreement shall survive until barred by the
applicable statute of limitations, and shall not be liquidated or otherwise limited by any provision of this
Agreement, notwithstanding anything in this Agreement to the contrary.
a. Not a Sanctioned Company. Developer represents that neither it nor any of
its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a
company identified on a list prepared and maintained by the Texas Comptroller of Public
Accounts under Section 2252.153 or Section 2270.0201, Government Code. The foregoing
representation excludes Developer and each of its parent company, wholly- or majority-
owned subsidiaries, and other affiliates, if any, that the United States government has
affirmatively declared to be excluded from its federal sanctions regime relating to Sudan
or Iran or any federal sanctions regime relating to a foreign terrorist organization.
b. No Boycott of Israel. Developer hereby verifies that it and its parent
company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not
boycott Israel and will not boycott Israel during the term of this Agreement. As used in
the foregoing verification, “boycott Israel” has the meaning provided in Section 2271.001,
Government Code.
c. No Discrimination Against Firearm Entities. Developer hereby verifies that
it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if
any, do not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association and will not discriminate against a firearm entity
or firearm trade association during the term of this Agreement. As used in the foregoing
verification, “discriminate against a firearm entity or firearm trade association” has the
meaning provided in Section 2274.001(3), Government Code.
d. No Boycott of Energy Companies. Developer hereby verifies that it and its
parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do
not boycott energy companies and will not boycott energy companies during the term of
this Agreement. As used in the foregoing verification, “boycott energy companies” has the
meaning provided in Section 2276.001(1), Government Code.
Section 21.Form 1295. Developer represents that it has complied with Texas
Government Code, Section 2252.908 and in connection therewith, Developer has completed a
Texas Ethics Commission Form 1295 Certificate generated by the Texas Ethics Commission’s
electronic filing system in accordance with the rules promulgated by the Texas Ethics
Commission. Developer further agrees to print the completed certificate and execute the
completed certificate in such form as is required by Texas Government Code, Section 2252.908
and the rules of the Texas Ethics Commission and provide to the CDC at the time of delivery of
an executed counterpart of this Agreement, a duly executed completed Form 1295 Certificate.
The Parties agree that, except for the information identifying the Cirt and the contract
identification number, the CDC is not responsible for the information contained in the Form
1295 completed by Developer. The information contained in the Form 1295 completed by
Developer has been provided solely by Developer and the CDC has not verified such
information.
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 10
Section 22.Amendment. This Agreement may only be amended by a written
agreement executed by the Parties.
Section 23.Recitals. The recitals in this Agreement are true and correct, represent
representations and warranties of the Parties, and are incorporated as part of this Agreement for
all purposes.
Section 24.Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original instrument, but all of the counterparts shall constitute one and
the same instrument.
Section 25.Exhibits. All exhibits to this Agreement are incorporated herein by
reference for all purposes wherever reference is made to the same.
Section 26.Survival of Covenants. Any covenants of the Parties that are to be
performed after termination of this Agreement shall survive termination of this Agreement.
Section 27.Assignment. This Agreement may not be assigned by Developer, in whole
or in part, without the prior written consent of the CDC, which shall not be unreasonably
withheld, delayed or conditioned; provided, however, Developer may assign this Agreement to
any affiliate of Developer or to any buyer of all or a portion of the Property without the prior
consent of the CDC. Any attempted assignment by Developer in violation of the terms and
provisions of this section shall be void.
[Signatures to follow]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first above written.
ANNA COMMUNITY DEVELOPMENT
CORPORATION
By: ________________________________
Bruce Norwood, President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the ______ day of ______________ 2025, appeared
Bruce Norwood, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as
President of the Anna Community Development Corporation.
______________________________
Notary Public, State of Texas
[Signature Page to Economic Development Incentive Agreement]
SEITZ GROUP, INC.,
a Texas corporation
By: _______________________
Name : Eric Seitz,
Its President
STATE OF TEXAS )
)
COUNTY OF _________ )
This instrument was acknowledged before me on ______________, 2025 by Eric Seitz in his
capacity as President of Seitz Group, Inc., a Texas corporation.
[Seal]
Notary Public—State of Texas
[Developer’s Signature Page to Economic Development Incentive Agreement]
EXHIBIT A
EXHIBIT B
EXHIBIT C
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 2/6/2026
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on a Development Agreement for Thompson Grove.
(Development Services Director Kaleb Kentner)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. Development Agreement
2. Anna Thompson Grove PID Bond Financing Analysis for DA 1.21.26
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4898-8581-7454.v9
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered into by and between Maneo
Acquisitions LLC, a Texas limited liability company (the "Developer"), and the City of Anna,
Texas (the "City"), to be effective on the date upon which the last of all of the Parties has approved
and duly executed this Agreement ("Effective Date"). The Constien Family Trust (the “Owner”)
is made a party to this Agreement solely for the purposes of consenting to the terms of this
Agreement.
, the City is a home rule municipality of the State of Texas located within
Collin County; and
, Developer and the City (which are sometimes individually referred to as a
"Party" and collectively as the "Parties") desire to enter into this Agreement; and
, Developer is under contract to purchase from Owner the approximately 18
acres of real property described by metes and bounds on Exhibit A and depicted on Exhibit B
(the "Property") and located within the extraterritorial jurisdiction of the City; and
the Parties acknowledge and agree that Owner is made a party to this
Agreement solely for the purposes of consenting to the terms between Developer and the City, and
Owner shall have no rights or obligations under this Agreement as a result of Owner’s execution
hereof; and
, in accordance with the terms of this Agreement, Developer intends to cause
the Property to be voluntarily annexed into the City’s corporate limits so that all of the Property is
within the corporate limits of the City, and develop the Property as a single family residential
development in compliance with the Concept Plan attached hereto as Exhibit C (the “Concept
Plan”), the Planned Development with modified development standards (the “PD”) attached hereto
as Exhibit D, and the terms of this Agreement; and
, the City holds CCN No. 12976 (the “CCN”) to provide retail water service
and CCN No. 20898 to provide retail wastewater service to the Property and Developer intends
for the City to provide retail water service and retail wastewater service to the Property; and
, development of the Property will require the construction of certain onsite
and offsite infrastructure, including streets and roads; drainage; water and sanitary sewer; certain
parks, open space, landscaping and trail systems which shall be owned by the City or dedicated to
the City by public access easement and maintained by the City (unless the City requires another
entity to maintain projects such as trails, parks or landscaping as provided in Section 2.8 herein);
and the acquisition of land for all such improvements (collectively, the “Public Infrastructure”);
and
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4898-8581-7454.v9
WHEREAS, in consideration of Developer’s agreements, covenants, representations, and
warranties contained herein, the City is agreeable, subject to the terms and conditions contained
herein and applicable law, including, without limitation, the PID Act (hereinafter defined) to the
creation of a public improvement district (“PID”) encompassing the Property to finance a portion
of the cost of the Public Infrastructure in accordance with the provisions of this Agreement and
that qualify under the PID Act; and
WHEREAS, the City, subject to the consent and approval of the City Council, and in
accordance with the terms of this Agreement and all legal requirements, including, but not limited
to, any bond indenture under which assessment revenue bonds issued by the City through the PID
to finance the authorized Public Infrastructure that is constructed for the benefit of the PID and are
secured solely by assessments levied on the Property (“PID Bonds”) are issued, is agreeable to: (i)
adopt a service and assessment plan to assess allocated costs of improvements against the Property
located within the PID (“Service and Assessment Plan”); (ii) adopt an assessment ordinance to pay
for a specified portion of the estimated cost of authorized Public Infrastructure referred to as the
“Authorized Improvements” and the costs associated with the administration of the PID and the
issuance of the PID Bonds; and (iii) issue, in multiple series, if necessary, an estimated FIVE
MILLION ONE HUNDRED TWENTY SIX THOUSAND AND NO/100 DOLLARS
($5,126,000.00) principal amount of PID Bonds, but in no event more than SIX MILLION FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($6,500,000.00), for the purpose of
financing a specified portion of the costs of the Authorized Improvements and paying associated
costs as described herein; and
WHEREAS, the creation of a PID encompassing the Property will allow for greater
amenities and public improvements to be provided to serve the Property; and
WHEREAS, after creation of the PID, all of the City’s administrative costs associated with
the PID will be funded by the levy of PID assessments on the Property in accordance with Chapter
372 of the Texas Local Government Code, as amended (the “PID Act”); and
WHEREAS, the Parties have the authority to enter into this Agreement pursuant to
Sections 212.171, et seq., of the Texas Local Government Code; and
WHEREAS, the Parties intend that this Agreement be a development agreement as
provided for by Section 212.172 of the Texas Local Government Code; and
WHEREAS, this Agreement shall constitute a “permit” under Chapter 245 of the Texas
Local Government Code.
NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set
forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
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ARTICLE I
1.1 Annexation. Within 30 days of the Effective Date of this Agreement, Developer
shall submit or caused to be submitted an irrevocable petition for voluntary annexation to
voluntarily annex the Property into the City’s corporate limits. Developer agrees to cause Owner
to execute and supply any and all instruments and/or other documentation necessary for the City to
annex the Property into the City’s corporate limits. If the City is unable to complete the annexation
of the Property for any reason, including but not limited to procedural error or legal challenge,
Developer shall cause Owner and any other owner(s) of the Property to execute another voluntary
annexation petition for the Property within ten (10) days of being requested to do so. Pursuant to
Section 43.0672, Texas Local Government Code, this Agreement shall constitute an agreement for
the provision of services to the Property and, except as expressly provided otherwise herein, the
City shall, immediately upon the effective date of any annexation, provide the Property with all
those municipal services currently offered within the City, including those which may be offered
in the future, without discrimination. Developer and Owner are not required to enter into this
Agreement and do so in reliance upon the representations and covenants of the City herein. The
annexation procedures described in plain language in this Agreement require the Developers’
consent. The Parties acknowledge and agree that—prior to the Effective Date—the City fully
satisfied the written disclosure requirements under Section 212.172(b-1) of the Texas Local
Government Code.
1.2 Zoning of Property. While the Parties expressly acknowledge that the Property will
be voluntarily annexed in accordance with Section 1.1 of this Agreement, the Parties agree that
the Governing Regulations (hereinafter defined) and the applicable provisions of this Agreement
memorialize the plan for development of the Property as provided for in Section 212.172 of the
Texas Local Government Code and other applicable law. The City Council shall consider zoning
the Property consistent with the Concept Plan attached hereto as Exhibit C and the PD attached
hereto as Exhibit D which will be acted upon contemporaneously with the annexation of the
Property into the City’s corporate limits. Through this Agreement, Developer and Owner expressly
consent and agree to the land-use restrictions of the Property consistent with and as contemplated
by this Agreement. In the event of a conflict between this Agreement and subsequent zoning of
the Property that is not consented to by Developer, the remedies set forth in this Agreement shall
be available to the Parties. Developer agrees that nothing in this Agreement shall prevent the
Governing Regulations, including but not limited to zoning, from being enforced against an End-
Buyer (hereinafter defined).
2.1 Water Service; Water Improvements. The City currently holds water CCN No.
12976 to provide retail water service to the Property, and the Parties intend for the City to be the
exclusive retail provider of water service to the Property and to customers located within the
Property. Such retail water service shall be provided at the same rates charged to other customers
located within the corporate limits of the City. The City shall bill the customers directly for its
retail water service. Developer shall be responsible for constructing the water improvements
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4898-8581-7454.v9
necessary for the City to provide retail water service to the Property at full build-out of the
Property, including, but not limited to, all water lines and appurtenant facilities located within and
outside the boundaries of the Property that shall be owned by the City or dedicated to the City by
public access easement and maintained by the City (collectively, the “Water Improvements”). The
Parties hereby agree that the Water Improvements constructed in accordance with this Agreement
shall be sized for the Property and designed and constructed in accordance with the Governing
Regulations. The City shall be responsible for funding its proportionate share, based on capacity,
of any Water Improvements oversized to a size greater than is necessary to serve the Property.
Oversizing shall be at the sole discretion of the City as determined necessary by the City to meet
the City’s present or future capacity needs.
that shall
be owned by the City or dedicated to the City by public access easement and maintained by the
City (collectively, the “Wastewater Improvements”). The Parties acknowledge that the
Wastewater Improvements are anticipated to generally conform to “Option 2” as described in that
certain Technical Memorandum prepared by Riley Dunn, P.E., of Kimely-Horn & Associates, Inc.,
dated October 15, 2025 (the “Technical Memo”), subject to refinement through final engineering
and City review and approval in accordance with the Governing Regulations. The City shall not
unreasonably withhold, condition, or delay approval of a wastewater improvement approach that
is substantially consistent with Option 2 detailed in the Technical Memo and that satisfies
applicable engineering, operational, and regulatory requirements. In the event that final
engineering demonstrates that Option 2, as contemplated in the Technical Memo, cannot
reasonably be implemented due to material engineering, regulatory, or operational constraints, the
Parties shall work in good faith to identify an alternative wastewater improvement solution that
meets the City’s standards and serves the Property at full build-out (the “Alternative Solution”),
and the City shall not require implementation of such Alternative Solution unless it is reasonably
necessary to address such material engineering, regulatory, or operational constraints relating to
Option 2 based on commercially reasonable engineering standards. The City shall be responsible
for funding its proportionate share, based on capacity, of any Wastewater Improvements oversized
to a size greater than is necessary to serve the Property. Oversizing shall be at the sole discretion
of the City as determined necessary by the City to meet the City’s present or future capacity needs.
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4898-8581-7454.v9
specifications have been approved by the City. Each of such contracts shall require a two-year
maintenance bond following completion, which bond shall run in favor of the City. To the extent
easements or rights-of-way are needed within the Property, said easements and rights-of-way shall
be dedicated by Developer to the City at no cost to the City. The Public Infrastructure will be
installed within easements granted to the City or in the public right-of-way
Exhibit E attached hereto. Additionally, despite Developer’s diligent efforts to assist the City in
the acquisition of such, the current landowners of the adjacent properties have not agreed to terms
for such right-of-way dedication. Accordingly, the full buildout of Ferguson Parkway as outlined
in the City’s current Capital Improvements Plan (“CIP”) is not currently feasible. As a result,
Developer and the City hereby agree that Developer shall not be responsible for constructing any
improvements to Ferguson Parkway or any other offsite roadways other than the connection points
shown on the Concept Plan. Developer agrees to dedicate right-of-way within the boundaries of
the Property, as shown on Exhibit E attached hereto, and pay applicable roadway impact fees in
accordance with Section 2.5 herein. This paragraph shall not apply to the extent that Developer
and the City mutually agree to construct Ferguson Parkway as a CIP Project.
Impact Fees and Capital Improvements. The Parties hereby agree that the Property
shall be subject to the assessment of water, wastewater, and roadway impact fees (“Impact Fees”)
due and payable to the City in connection with the development of the Property that are charged
to other developments located within the corporate limits of the City. Developer acknowledges
that builders within the Property will pay the current Impact Fees that exist at the time the building
permit is obtained. It is anticipated that Developer will not be required to construct any Public
Infrastructure included in the CIP. However, if the Developer and the City mutually agree that
Developer will construct any Public Infrastructure included in the City’s CIP (a “CIP Project”),
then Developer shall be entitled to Impact Fee reimbursements up to Developer’s actual cost of
design, engineering and construction of such Public Infrastructure eligible for Impact Fee
reimbursements. To the extent such CIP Project is also a PID Project, Developer shall be
reimbursed first with Impact Fee reimbursements and then with PID Bond proceeds but in no event
shall Developer be reimbursed in excess of Developer’s actual cost of design, engineering and
construction of such CIP Project.
Developer shall deliver as-built drawings for the Public Infrastructure to the City’s inspector
assigned to the project, as applicable, fourteen (14) days prior to final inspection of such Public
Infrastructure. All Public Infrastructure shall be dedicated to and become property of the City in
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accordance with the terms of this Agreement upon final acceptance of the Public Infrastructure,
unless otherwise provided herein.
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4898-8581-7454.v9
use all reasonable efforts to expedite such condemnation procedures so that the Public
Infrastructure can be constructed as soon as reasonably practicable. If the City’s Eminent Domain
Fees exceed the amount of funds escrowed in accordance with this paragraph, the Developer shall
deposit additional funds as requested by the City into the escrow account within ten (10) days after
written notice from the City. Any unused escrow funds will be refunded to the Developer within
thirty (30) days after any condemnation award or settlement becomes final and non-appealable.
Nothing in this subsection is intended to constitute a delegation of the police powers or
governmental authority of the City, and the City reserves the right, at all times, to control its
proceedings in eminent domain.
Unless otherwise agreed to in a separate written agreement, maintenance and
operation of retention and detention ponds, common areas, parks, right-of-way irrigation systems,
right-of-way landscaping, screening walls, and any other common improvements or appurtenances
shall be owned, maintained, and operated by a homeowner’s association.
Developer agrees to create a homeowner’s association that will exist for as long as
necessary to meet the obligation of performing the operation and maintenance of infrastructure
identified in this section. Developer shall bear the costs associated with the creation of the
homeowner’s association, commonly referred to as an HOA. Additionally, Developer agrees that,
prior to or contemporaneously with the recordation of the Declaration of Covenants, Conditions
and Restrictions (“CC&R’s”) for the Thompson Groves subdivision encompassing the Property,
Developer shall record, on behalf of the future Thompson Groves Homeowners Association
(“HOA”), a rental-restriction amendment or section within the CC&R’s containing the following
mandatory provisions applicable to the Property:
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4898-8581-7454.v9
3) Limit on Leased Lots Per Owner. A restriction stating that no Owner may lease or rent
more than one (1) lot within Thompson Groves at any time.
4) Definition of Owner. A definition of “Owner” that includes any natural person,
corporation, LLC, partnership, trust, entity, or any affiliate, subsidiary, parent entity, or
entity under common ownership or control, with all such related parties treated as a single
Owner for enforcement of the leasing limitation.
5) Minimum Lease Term. A requirement that all leases must be in writing and must be for a
minimum term of twelve (12) months. Short-term rentals shall be expressly prohibited.
Developer agrees that these restrictions shall run with the land, shall be binding on all
future Owners, and shall not be amended or removed except in accordance with the CC&R
amendment procedures.
ARTICLE III
DEVELOPMENT OF THE PROPERTY
3.1 Development. Development of the Property shall be governed by the following
(collectively, the “Governing Regulations”):
(a) the Concept Plan attached hereto as Exhibit C;
(b) the PD attached hereto as Exhibit D that will be considered by the City
contemporaneously with annexation of the ETJ tract; and
(c) the City Regulations (including but not limited to all fees and land dedications
applicable to development of the Property), except to the extent that the Concept
Plan and the PD may vary from those terms, then the Concept Plan and PD shall
control;
(d) approved final plats for all or a portion of the Property; and
(e) applicable federal, state regulations and local regulations.
3.2 Concept Plan. The Parties agree that the Concept Plan was created by Developer
for illustrating the boundary, lot mix, and general layout of the Property. The City hereby agrees
that any changes in the location of the various types and land uses and changes in types of
residential uses are allowed, including lot sizes, as long as the overall density does not change by
more than ten percent (10%). Any amendments to the Concept Plan agreed to by the City shall be
in writing, considered an amendment to this Agreement, and replace the attached Concept Plan
and become a part of this Agreement. Notwithstanding the foregoing, the City Manager of the
City may administratively approve any amendments to the Concept Plan that the City Manager of
the City deems in his/her reasonable discretion to be minor in nature for pragmatic purposes, and
such approval shall not be unreasonably withheld, conditioned, or delayed. If the City Manager
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of the City deems an amendment to not be minor in nature, the Concept Plan may be amended as
set forth in the City Regulations.
ARTICLE IV
INFRASTRUCTURE FINANCING
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(3) The adoption of a Service and Assessment Plan and an assessment
ordinance levying assessments on all or any portion of the PID benefitted by such PID
Projects in amounts sufficient to pay all costs related to such PID Bonds.
(4) Unless otherwise agreed to by the City, the aggregate principal amount of
PID Bonds issued and to be issued is estimated to be $5,126,000, but shall not exceed a
total of $6,500,000.
(5) If requested by the City, delivery of an independent appraisal to the City
confirming that the special benefits conferred on the properties being assessed for the PID
Projects increase the value of the property by an amount at least equal to the amount
assessed against such property.
(6) Approval by the Texas Attorney General of the PID Bonds and registration
of the PID Bonds by the Comptroller of Public Accounts of the State of Texas.
(7) The Developer is current on all taxes, assessments, fees and obligations to
the City including without limitation payment of assessments.
(8) The Developer is not in material default under this Agreement or any other
agreement with the City.
(9) No outstanding PID Bonds are in default and no reserve funds established
for outstanding PID Bonds have been drawn upon that have not been replenished.
(10) The City's PID administrator has certified that the specified portions of the
costs of the PID Projects to be paid from the proceeds of the PID Bonds are eligible to be
paid with the proceeds of such PID Bonds; therewith, such approval not to be unreasonably
withheld, conditioned or delayed upon presentation of a certificate in compliance with the
applicable bond indenture.
(11) The PID Projects to be financed by the PID Bonds have been or will be
constructed according to the approved development standards (PD) imposed by this
Agreement including without limitation any applicable Governing Regulations and/or City
Regulations.
(12) The maximum maturity for each issuance of PID Bonds shall not exceed 30
fiscal years from the date of delivery thereof.
(13) The final maturity for any PID Bonds shall be not later than 50 years from
the Effective Date.
(14) The City has determined that the PID Bonds meet all regulatory and legal
requirements applicable to the issuance of the PID Bonds.
(15) If the applicable portion of PID Projects has not already been constructed
and to the extent PID Bond Proceeds are insufficient to fund such PID Projects Cost, plus
private costs to reach final lot completion, the City may require the Developer to, at time
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4898-8581-7454.v9
of closing the PID Bonds, provide evidence of (i) available funds to the Developer or any
corporate parent of the Developer and made available to the Developer, (ii) evidence of
financial security from a Lender (as defined herein) of loan funds available under a loan,
letter of credit or other credit facility extended to the Developer or any corporate parent of
the Developer and made available to the Developer by a financial institution or other lender
(a “Lender”) for the purpose of development of the Authorized Improvements, equal to or
greater than the difference between the PID Projects Costs and the PID Bond Proceeds
available to fund such PID Projects Costs plus private costs to reach final lot completion
or (iii) a completion agreement; or any combination of (i), (ii) or (iii) in the discretion of
the Developer. If the Developer provides evidence of available funds or fiscal security as
described in the preceding sentence in connection with a series of PID Bonds, the
Developer shall not be required to provide any up-front cash deposit to fund the applicable
PID Projects not otherwise funded through the applicable series of PID Bonds.
(16) No information regarding the City, including without limitation financial
information, shall be included in any offering document relating to PID Bonds without the
consent of the City.
(17) The Developer agrees to provide periodic information and notices of
material events regarding the Developer and the Developer's development of the Property
and any continuing disclosure agreements executed by the applicable Developer in
connection with the issuance of PID Bonds.
(18) The Developer is not in default under a Developer Continuing Disclosure
Agreement.
(19) The issuance of any Refunding Bonds, the amount of assessment necessary
to pay the Refunding Bonds shall not exceed the remaining principal amount of
assessments that were levied to pay the PID Bonds that are being refunded.
(20) The gross tax equivalent rate for the annual installments of the assessments
(inclusive of assessments for administrative costs) shall be an amount that results in
maximum reimbursement to the Developer, limited only to achieve a maximum total tax
stack of $3.00 per $100.00 of taxable assessed valuation (which total tax equivalent rate
shall be measured based on the estimated build out value at the time of levy of the
applicable portion of the Property).
(21) Notwithstanding the value to lien ratio for any PID Bonds outlined in the
City’s PID Policy (hereinafter defined), the City agrees to allow for a lesser ratio, in
accordance with the financial projections prepared by the City’s Financial Advisor attached
hereto as Exhibit G, as such may be hereafter modified as agreed upon by the City and
Developer, through the adoption of a resolution, bond ordinance, assessment ordinance or
other applicable City Council action that authorizes a lesser value to lien ratio without the
necessity of amending this Agreement. Any such value-to-lien ratio shall apply solely to
the portion of the assessments securing the PID Bonds.
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(22) The Developer and the City shall have entered into a reimbursement
agreement with respect to the phase of development primarily benefitted by such PID
Bonds.
(23) One hundred percent of the owners of the Property will submit or cause to
be submitted a PID creation petition to the City in accordance with the provisions of the
PID Act and applicable law (the “PID Petition”). The City agrees to create the PID
encompassing the Property within sixty (60) days of the date the PID Petition is submitted
to the City in accordance with the PID Act.
(b) PID funding of certain Public Infrastructure as authorized by the PID Act and
approved by the City will include, to the maximum extent authorized by State law, one or more of
the following: (i) annual payments by the City to the Developer of PID assessments not pledged
to the repayment of PID Bonds in accordance with a reimbursement agreement; (ii) the issuance
by the City of PID Bonds secured by PID assessments; or (iii) any other method approved by the
Parties. The total amount of PID Bonds secured by assessments from the Property is estimated to
be FIVE MILLION ONE HUNDRED TWENTY SIX THOUSAND AND NO/100
DOLLARS ($5,126,000.00), but shall not exceed a total of SIX MILLION FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS ($6,500,000.00).
(c) The Public Infrastructure to be funded by the PID will be the same as those
described in the Service and Assessment Plan, which Public Infrastructure must confer a special
benefit on the Property equal to or greater than the amount of PID assessments levied (as
determined by the City Council) (the "PID Projects").
(d) The total estimated cost of the PID Projects (the "PID Project Costs") will be as
stated in the Service and Assessment Plan, as amended. To the extent included in the Service and
Assessment Plan, the PID Project Costs will include the cost of two-year maintenance bonds for
the PID Projects.
(e) The City and the Developer will jointly determine the PID Project Costs and
prepare a Service and Assessment Plan for the PID. The City hereby agrees that the PID Project
Costs shall include all costs relating to Public Infrastructure located inside or outside the
boundaries of the Property, including, but not limited to, all improvements within public rights-of-
way or on publicly dedicated open space, all right-of-way dedication, all landscaping and
hardscape improvements within rights-of-way, and any other improvements the City has agreed to
accept, own and maintain, all improvements governed by a qualified maintenance agreement
between the City and the HOA, all development fees due in association with said Public
Infrastructure, and all other expenses relating to the establishment, administration and operation
of the PID, as well as all other reimbursable costs allowable by law under the PID Act. Developer’s
current estimate of the PID Project Costs is included as Exhibit F attached hereto and incorporated
herein. The PID Bond Financial Summary pertaining to the PID Bonds applicable to development
of the Property is included as Exhibit G attached hereto and incorporated herein. After the City
approves the final PID Project Costs, prepares a proposed assessment roll based thereon, and files
the Service and Assessment Plan and proposed assessment roll with the Secretary for the City for
public inspection, the City will levy special assessments against the Property. Unless otherwise
agreed upon by the City and Developer, the assessment levy shall be an amount that results in
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4898-8581-7454.v9
maximum reimbursement to the Developer, limited only to achieve a maximum total tax stack of
$3.00 per $100.00 of projected buildout taxable assessed value per parcel (inclusive of all
overlapping taxing entities). Notwithstanding the foregoing or any other provision of this
Agreement, Impact Fees shall be paid to the City in accordance with Section 2.5 and any potential
reimbursement of Impact Fees shall be as set forth in Section 2.5.
th day after
the closing date of the PID Bonds. The City PID Fee shall be calculated in accordance with the
PID Policy and shall be based upon the number of single-family residential lots included within
the Property that are being assessed. The amount of the City PID Fee shall not increase and the
City PID Fee shall not be reimbursable from Assessments or PID Bond Proceeds. The City may,
in its sole discretion, use the City PID Fee or any portion thereof for any lawful purpose.
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4.4 Cost Overrun. If the total cost of an Authorized Improvement (or segment or
section thereof) exceeds the total amount of the PID Project Costs for such Authorized
Improvement (or segment or section thereof) as provided in the Service and Assessment Plan (a
"Cost Overrun"), the Developer shall be solely responsible for payment of the remainder of the
costs of such Authorized Improvement (or segment or section thereof), except as provided in
Section 4.5 below.
4.5 Cost Underrun. If, upon the completion of construction of an Authorized
Improvement (or segment or section thereof) and payment or reimbursement for such Authorized
Improvement, the actual cost of such Authorized Improvement (or segment or section thereof) is
less than the amount of the PID Project Costs for such Authorized Improvement (or segment or
section thereof) as provided in the Service and Assessment Plan (a “Cost Underrun”), any
remaining PID Project Costs may be available to pay any Cost Overruns on any other Authorized
Improvement with the approval of the City Manager and provided that all Authorized
Improvements as set forth in the Service and Assessment Plan are undertaken at least in part. The
elimination of a category of Authorized Improvements in the Service and Assessment Plan will
require an amendment to the Service and Assessment Plan. Prior to completion of all the
Authorized Improvements within an improvement category, as listed in the applicable Service and
Assessment Plan and the applicable PID phase, ten percent (10%) of funds available from an
improvement category may be used as Cost Underruns and applied to another improvement
category. If, upon completion of the Authorized Improvements in any improvement category, any
funds remain in such category, those funds may be used to reimburse the Developer for any
qualifying costs of the Authorized Improvements that have not been paid.
4.6 Disclosure. Prior to the issuance of PID Bonds by the City, the Developer agrees
to provide all relevant information, including financial information, that is reasonably necessary
in order to provide potential bond investors with a true and accurate offering document for any
PID Bonds. The Developer agrees, represents, and warrants that any information provided by the
Developer for inclusion in a disclosure document for an issue of PID Bonds will not, to the
applicable Developer's actual knowledge, contain any untrue statement of a material fact or omit
any statement of material fact required to be stated therein or necessary to make the statements
made therein, in light of the circumstances under which they were made, not misleading, and the
Developer further agrees that it will provide a certification to such effect as of the date of the
closing of any PID Bonds
4.7 Tax Certificate. If, in connection with the issuance of the PID Bonds, the City is
required to deliver a certificate as to tax exemption (a “Tax Certificate”) to satisfy requirements of
the United States Internal Revenue Code, the Developer agrees to provide, or cause to be provided,
such facts and estimates as the City reasonably considers necessary to enable it to execute and
deliver its Tax Certificate. The Developer represents that such facts and estimates will be based
on its reasonable expectations on the date of issuance of the PID Bonds and will be, to the best of
the knowledge of the officers of the Developer providing such facts and estimates, true, correct
and complete as of such date. To the extent that it exercises control or direction over the use or
investment of the PID Bond Proceeds, including, but not limited to, the use of the PID Projects,
the Developer further agrees that it will not knowingly make, or permit to be made, any use or
investment of such funds that would cause any of the covenants or agreements of the City
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contained in a Tax Certificate to be violated or that would otherwise have an adverse effect on the
tax-exempt status of the interest payable on the PID Bonds for federal income tax purposes.
Disannexation. In the event that (i) the City defaults under Section 4.1 of this
Agreement or (ii) PID Bonds for a particular phase of development of the Property are not issued
as a result of any act or omission of the City, including the City’s refusal to issue such PID Bonds,
and a period of ninety (90) days to cure such non-occurrence has passed after the Developer
provides written notice of such non-occurrence or default under this Section 4.8, then (a) the City
shall—if the Developer petitions for disannexation—disannex the Property for the Developer or
the applicable portion of the Property for which PID Bonds have not been issued (in the case of a
failure under item (ii) of this Section 4.8) within thirty (30) days of the filing of the disannexation
petition by the Developer and such property shall thereafter be immune to involuntary annexation
by the City, and (b) the Developer shall provide notice to the City of its intent to form a municipal
utility district or similar utility or improvement district created by special act of the Texas
Legislature or the Texas Commission on Environmental Quality (the “TCEQ”) or, if necessary,
any other agency with jurisdiction (a "MUD") on the portion of the Property disannexed pursuant
to this paragraph and, upon such notice, the City shall be deemed to have consented to the
formation of the MUD with no further action of the City or City Council required; provided that
the City shall take any necessary steps or provide any documents necessary to evidence the City's
consent to the creation of the MUD to the TCEQ, the Texas Attorney General or other agency or
body with regulatory powers over the MUD, including but not limited to the City’s adoption of a
resolution consenting to the creation of a MUD in a form approved by Developer. If PID Bonds
have been issued for other phases of development within the PID or assessments have been levied,
those phases of development shall remain within the limits of City and the boundaries of the PID.
For the avoidance of doubt and notwithstanding the foregoing or any other provision of this
Agreement, the obligation to disannex under this paragraph shall not apply with respect to a failure
under item (ii) above in the event that PID Bonds for a particular phase of development of the
Property are not issued by the City because the conditions and requirements set forth in Section
4.1(a) that are in the reasonable control of the Developer, which provisions shall solely include
subsections (7), (8), (11), (15), (17), and (18) set forth under Section 4.1(a) herein, and in Section
4.6 have not been satisfied by the Developer. Other than as provided in this Section 4.8, Developer
and any owner(s) of the Property or any portion thereof waive the right to file a petition or
otherwise seek removal of any portion of the Property from the City or its extraterritorial
jurisdiction unless and only to the extent the City is required to disannex any part of the Property
under this paragraph.
ARTICLE V
TERM
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automatically terminate, be void ab initio and shall be of no further force or effect (i) if Developer
does not close on the purchase of the Property by October 1, 2026, or if Developer notifies the
City in writing prior to October 1, 2026, that it will not purchase the Property, or (ii) upon the
City’s disannexation of the Property in accordance with Section 4.8 hereof.
ARTICLE VI
EVENTS OF DEFAULT; REMEDIES
Events of Default. No Party shall be in default under this Agreement until notice
of the alleged failure of such Party to perform has been given in writing (which notice shall set
forth in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than 30 days after written notice of the alleged
failure has been given). Notwithstanding the foregoing, no Party shall be in default under this
Agreement if, within the applicable cure period, the Party to whom the notice was given begins
performance and thereafter diligently and continuously pursues performance until the alleged
failure has been cured and within such 30-day period gives written notice to the non-defaulting
Party of the details of why the cure will take longer than 30 days with a statement of how many
days are needed to cure.
Remedies. If a Party is in default, the aggrieved Party may, at its option and without
prejudice to any other right or remedy under this Agreement, seek any relief available at law or in
equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act, or
actions for specific performance, mandamus, or injunctive relief.
ARTICLE VII
ASSIGNMENT AND ENCUMBRANCE
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assignment is not received by the City within 15 days after execution, Developer shall not be
released until the City receives such copy of the assignment. All assignments under this subsection
shall include transfer of performance obligations under this Agreement. In the event that an
assignment does not contain a provision transferring performance obligations under this
Agreement, assuring performance of such obligations shall be the responsibility of Developer.
Assignees as Parties. An assignee authorized in accordance with this Agreement
and for which notice of assignment has been provided in accordance with this Agreement shall be
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considered a "Party" for the purposes of this Agreement. With the exception of the End-Buyer
(hereinafter defined) of a lot within the Property, any person or entity upon becoming an owner of
land or upon obtaining an ownership interest in any part of the Property shall be deemed to be a
"Developer" and have all of the obligations of the Developer as set forth in this Agreement and all
related documents to the extent of said ownership or ownership interest.
No Third-Party Beneficiaries. This Agreement only inures 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.
ARTICLE VIII
RECORDATION AND ESTOPPEL CERTIFICATES
Binding Obligations. This Agreement and all amendments hereto (including
amendments to the Concept Plan as allowed in this Agreement) and assignments hereof shall be
recorded in the deed records of Collin County. This Agreement binds and constitutes a covenant
running with the Property. Upon the Effective Date, this Agreement shall be binding upon the
Parties and their successors and assigns permitted by this Agreement and forms a part of any other
requirements for development within the Property. This Agreement, when recorded, shall be
binding upon the Parties and their successors and assigns as permitted by this Agreement and upon
the Property; however, this Agreement shall not be binding upon, and shall not constitute any
encumbrance to title as to, any end-buyer/homebuyer of a fully developed and improved lot (an
“End-Buyer") and shall not negate the End-Buyer’s obligation to comply with the City's
Regulations, including but not limited to zoning ordinances, as they currently exist or may be
amended.
Estoppel Certificates. From time to time upon written request of the Developer, if
needed to facilitate a sale of all or a portion of the Property or a loan secured by all or a portion of
the Property, the City will execute a written estoppel certificate in a form and substance satisfactory
to the City, to its reasonable knowledge and belief, identifying any obligations of the Developer
under this Agreement that are in default.
ARTICLE IX
ADDITIONAL PROVISIONS
Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date and are incorporated into this Agreement by reference; (b) form the basis upon
which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the
City Council of the City; and (d) reflect the final intent of the Parties with regard to the subject
matter of this Agreement. In the event it becomes necessary to interpret any provision of this
Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration
and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals
as part of the consideration for entering into this Agreement and, but for the intent of the Parties
reflected by the recitals, would not have entered into this Agreement.
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9.2 Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to any party shall be deemed to have been received when
personally delivered or 72 hours following deposit of the same in any United States Post Office,
registered or certified mail, postage prepaid, addressed as follows:
CITY: City of Anna, Texas
120 W. 7th Street
Anna, TX 75409
Attention: City Manager
With a copy to:
Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
E-mail: cmccoy@wtmlaw.net
And to: McCall, Parkhurst & Horton L.L.P.
Attn: Rodolfo Segura Jr
717 North Harwood, Suite 900
Dallas, Texas 75201
DEVELOPER: Maneo Acquisitions LLC
516 West Shore Drive
Richardson, TX 75080
Attention: Britton Church
With a copy to:
Onyx Development Company LLC
5710 LBJ Freeway, Suite 420
Dallas, TX 75240
Attention: Kelby Golden
With a copy to:
Coats Rose, P.C.
16000 North Dallas Parkway, Suite 350
Dallas, Texas 75248
Attention: Mindy L. Koehne
Email: mkoehne@coatsrose.com
Any Party may change its address or addresses for delivery of notice by delivering written notice
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4898-8581-7454.v9
of such change of address to the other Party.
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4898-8581-7454.v9
of the Parties; and (c) and the remainder of this Agreement shall remain in full force and effect
and shall be interpreted to give effect to the intent of the Parties.
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9.14 Governmental Powers; Waivers of Immunity. By its execution of this Agreement,
the City does not waive or surrender any of its respective governmental powers, immunities, or
rights, except as provided for in this Section. The Parties acknowledge that the City waives its
sovereign immunity as to suit solely for specific performance, mandamus, or injunctive relief.
9.15 Amendments. This Agreement cannot be modified, amended, or otherwise varied,
except in writing signed by the City, after approval by the City Council, and the Developer
expressly amending the terms of this Agreement.
9.16 Consideration. This Agreement is executed by the Parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
9.17 City Acknowledgment of Receipt of Form 1295. Pursuant to Texas Government
Code Section 2252.908, the City hereby acknowledges that Developer has delivered to the City a
signed and completed Texas Ethics Commission (“TEC”) Form 1295 and a certification of filing
with the TEC, if required by law.
9.18 Verifications of Statutory Representations and Covenants.
The Developer makes the following representations and covenants pursuant to Chapters
2252, 2271, 2274, and 2276, Texas Government Code, as heretofore amended (the “Government
Code”), in entering into this Agreement. As used in such verifications, “affiliate” means an entity
that controls, is controlled by, or is under common control with the Developer within the meaning
of SEC Rule 405, 17 C.F.R. Section 230.405, and exists to make a profit. Liability for breach of
any such verification during the term of this Agreement shall survive until barred by the applicable
statute of limitations, and shall not be liquidated or otherwise limited by any provision of this
Agreement, notwithstanding anything in this Agreement to the contrary.
(a) Not a Sanctioned Company. The Developer represents that neither it nor any of its
parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company
identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under
Section 2252.153 or Section 2270.0201, Government Code. The foregoing representation excludes
the Developer and each of its parent company, wholly- or majority-owned subsidiaries, and other
affiliates, if any, that the United States government has affirmatively declared to be excluded from
its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a
foreign terrorist organization.
(b) No Boycott of Israel. The Developer hereby verifies that it and its parent company,
wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will
not boycott Israel during the term of this Agreement. As used in the foregoing verification,
“boycott Israel” has the meaning provided in Section 2271.001, Government Code.
(c) No Discrimination Against Firearm Entities. The Developer hereby verifies that it and
its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association and will not discriminate against a firearm entity or firearm trade association
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during the term of this Agreement. As used in the foregoing verification, “discriminate against a
firearm entity or firearm trade association” has the meaning provided in Section 2274.001(3),
Government Code.
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EXECUTED by the City, Developer and Owner on the respective dates stated below.
CITY OF ANNA, TEXAS
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DEVELOPER:
MANEO ACQUISITIONS LLC,
a Texas limited liability company
By:
Name: Britton Church
Title: Manager
STATE OF TEXAS §
§
COUNTY OF ___ §
This instrument was acknowledged before me this ___ day of _______, 2026, by Britton
Church, manager of Maneo Acquisitions LLC, a Texas limited liability company, on behalf of said
limited liability company.
Notary Public in and for the State of Texas
(SEAL)
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OWNER:
THE CONSTIEN FAMILY TRUST
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF ___ §
This instrument was acknowledged before me this ___ day of _______, 2026, by Vernon
Constien, Trustee of the Constien Family Trust, on behalf of said trust.
Notary Public in and for the State of Texas
(SEAL)
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EXHIBIT A – PROPERTY DESCRIPTION
BEING AN 18.727 ACRE TRACT OF LAND SITUATED IN THE HENRY SMITH SURVEY,
ABSTRACT NO. 823, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING ALL OF TRACT
1 BEING AN 18.728 ACRE TRACT OF LAND, DESCRIBED BY DEED TO VERNON G.
CONSTIEN & DOROTHY M. CONSTIEN, CO-TRUSTEES OF THE CONSTIEN FAMILY TRUST
AS RECORDED IN COUNTY CLERK'S FILE NO. 20160414000445880, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS. BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, DETERMINED BY GPS
OBSERVATIONS UTILIZING THE ALLTERRA RTKNET, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID
TRACT 1 AND THE COMMON NORTHEAST CORNER OF LOT 3, BLOCK A, OAK HOLLOW
ESTATES PHASE 5, AN ADDITION TO COLLIN COUNTY, AS RECORDED IN COUNTY
CLERK'S FILE NO. 2004-0152878, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS,
AND THE COMMON SOUTH CORNER OF LOT 12, BLOCK K, OAK HOLLOW ESTATES
PHASE 2, AN ADDITION TO COLLIN COUNTY, AS RECORDED IN COUNTY CLERK'S FILE
NO. 2003-0027063, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE NORTH 88°36'54" EAST, WITH THE SOUTH LINE OF SAID OAK HOLLOW ESTATES
PHASE 2, A DISTANCE OF 523.19 FEET TO A 1/2 INCH IRON ROD WITH A YELLOW CAP
STAMPED “RPLS 5686” FOUND FOR THE NORTHWEST CORNER OF A 1.292 ACRE TRACT
DESCRIBED BY DEED TO SARA S. RENO AND SPOUSE, JOSHUA G. RENO AS RECORDED
IN COUNTY CLERK'S FILE NO. 20180214000182780, OFFICIAL PUBLIC RECORDS, COLLIN
COUNTY, TEXAS;
THENCE SOUTH 00°27'34" WEST, WITH THE WEST LINE OF SAID 1.292 ACRE TRACT, A
DISTANCE OF 207.50 FEET TO A 1/2 INCH IRON ROD WITH A YELLOW CAP STAMPED
“RPLS 5686” FOUND FOR THE SOUTHWEST CORNER OF SAID 1.292 ACRE TRACT;
THENCE NORTH 89°01'08" EAST, WITH THE SOUTH LINE OF SAID 1.292 ACRE TRACT, A
DISTANCE OF 273.02 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF SAID 1.292 ACRE
TRACT, AND BEING IN THE WEST RIGHT-OF-WAY LINE OF FERGUSON ROAD (C.R.
367)(HAVING A VARIABLE WIDTH RIGHT-OF-WAY) AS RECORDED IN LAKEVIEW ESTATES
PHASE 1, AN ADDITION TO COLLIN COUNTY, AS RECORDED IN COUNTY CLERK'S FILE
NO. 2016-440, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE SOUTH 01°08'59" EAST, WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
735.25 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE NORTHEAST CORNER OF A 1.09 ACRE TRACT OF LAND
DESCRIBED BY DEED TO VERNON CONSTIEN AND DOROTHY CONSTIEN, TRUSTEES OF
THE CONSTIEN FAMILY TRUST AS RECORDED IN COUNTY CLERK'S FILE NO.
20171003001321010, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
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4898-8581-7454.v9
THENCE NORTH 89°41'05" WEST, WITH THE NORTH LINE OF SAID 1.09 ACRE TRACT,
PASSING A 1/2 INCH IRON ROD WITH A YELLOW CAP STAMPED “RPLS 5686” FOUND AT
A DISTANCE OF 30.05 FEET, CONTINUING FOR A TOTAL DISTANCE OF 354.01 FEET TO A
1/2 INCH IRON ROD FOUND WITH YELLOW CAP STAMPED “RPLS 5686” FOR THE
NORTHWEST CORNER OF SAID 1.09 ACRE TRACT;
POINT OF BEGINNING AND CONTAINING
A CALCULATED AREA OF 18.727 ACRES OR 815,735 SQUARE FEET OF LAND.
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EXHIBIT B – PROPERTY DEPICTION
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EXHIBIT C – CONCEPT PLAN
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EXHIBIT D – PD
CITY OF ANNA, TEXAS
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING MAP OF THE CITY OF
ANNA TO PROVIDE FOR THE ZONING OF CERTAIN PROPERTY AS A PLANNED DEVELOPMENT;
PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Anna, Texas (the “City”), is a home-rule municipality possessing full powers of
local self-government pursuant to the Texas Constitution, the laws of the State of Texas, and the City
Charter;
WHEREAS, the landowners of the Property described herein have requested approval of a Planned
Development District for the purpose of establishing zoning regulations for a single-family
residential community;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of Anna have given
the requisite notices and held public hearings in the time and manner required by law and the City’s
ordinances;
WHEREAS, the City Council finds that the zoning change and adoption of this Planned Development
District promotes the health, safety, morals, and general welfare of the City and is consistent with the
City’s comprehensive plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Establishment of Planned Development District
The zoning designation for the approximately 18 acres of land located at 1510 South Ferguson
Parkway, as more particularly described in Exhibit A attached hereto and incorporated herein by
reference (the “Property”), is hereby changed to Planned Development (PD).
Section 2. Permitted Uses
The permitted uses in the Planned Development shall be the same as those permitted in the Single-
Family Residential (SF-6.0) District as set forth in Table 19: Use Table of the City of Anna Zoning
Ordinance, as it currently exists or may be amended, and all applicable regulations in Division 3 of
the Zoning Ordinance.
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Section 3. Development Standards
The development standards for the Planned Development shall conform to the Single Family
Residential (SF-6.0) District Dimensional Standards as set forth in Table 9 of the City of Anna Zoning
Ordinance, except as modified below:
• Maximum lot coverage– 55% (Section 9.04.016 of the Zoning Ordinance)
• Residential Lot Depths backing an arterial or collector -Section 9.02.087 (g)(2) of the
Subdivision Ordinance shall be waived: “Residential lot depth of lots backing an arterial or
collector must be at least 10’ deeper than the average depth of lots facing local streets”
• Maximum and Minimum Length of Cul-De-Sac Streets – Minimum Cul-De-Sac length of 200’
(Section 9.02.081(p))
These Architectural Design Standards (the “Standards”) are intended to establish a cohesive, high-
quality residential environment for the proposed SF-60 single-family development. The Standards
are designed to:
• Ensure architectural quality exceeding minimum requirements
• Promote neighborhood character, durability, and long-term value
• Provide clear, objective, and enforceable design criteria while maintaining design flexibility
• Encourage architectural variety and avoid repetitive streetscapes
• Align with the City of Anna’s residential design expectations
Compliance with these Standards shall be required for all residential structures within the
development.
• Façade Articulation: A minimum of two (2) distinct front façade planes shall be provided with
a minimum of ten (10) inches of relief. Additional façade plane breaks less than ten (10)
inches are allowed in addition to the required façade break.
• Roofs:
o All roofs shall utilize architectural shingles or standing seam metal roofing
o The main roof pitch must be a minimum of 8:12 (with the exception of the Craftsman
style homes defined below). Roofs may be gable or hip style and must include a
secondary roof line. Secondary roof lines, including front-to-back when viewed from
the street, may be as low as 6:12.
• Garages
o Garages shall not extend more than 3’ beyond the remainder of the front elevation of
the primary living area of a dwelling
o Garages shall not be over 55% of the total frontage of the front elevation.
o Garages shall be architecturally integrated into the front façade and contain one of
the following design enhancements:
▪ Carriage Style Garage Door
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▪ Garage door clad with cedar paneling or other architectural siding material
▪ Integrate decorative garage door hardware
▪ Implement non-transparent glazing windows
• House Repetition: Substantially identical exterior elevations can only repeat every five (5)
lots when fronting the same right-of-way. Homes directly across the street and within one
house (directly across the street or “caddy corner” across the street) shall not have
substantially identical exterior elevations.
• Exterior construction materials shall consist of at least seventy percent (70%) masonry,
defined as brick, stone, board and batten, stucco, or other durable materials approved by the
City. For up to 15% of the homes, artisan siding shall be considered masonry material in order
to design a more traditional craftsman style elevation.
Residential homes shall be designed in one of the following architectural styles:
• Transitional/Tudor
• Texas Vernacular / Texas Hill Country
• Craftsman
• Modern Farm-House
The following architectural and design standards are provided to further detail the
enhancements required for each design style.
Transitional/Tudor Style: Transitional/Tudor architecture emphasizes vertical massing,
steep rooflines, masonry richness, and refined detailing. Each Transitional/Tudor Style home shall
implement a minimum of three of the following design enhancements:
• Two or more front facing gables
• Arched masonry entry or window
• Dormer Window
• Secondary roof plane accent over 2nd story windows
• Decorative lintels, sills or keystones
• Front Porch of at least 6’ in length along the front façade
• Two or more masonry materials on front façade or a painted brick façade
• Accented entrance at front door articulating the front façade
• Front elevation windows to be 100% divided light
• At least two architectural enhancing lights on front facade
• Decorative gable vents or masonry accenting
• Window shutters on at least two windows on the front façade
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Texas Vernacular Style: Texas Vernacular architecture reflects regional traditions using
natural masonry, simple roof forms, and exposed structural elements.. Each Texas Vernacular Style
home shall implement a minimum of three of the following design enhancements:
• Two or more front facing gables
• Natural stone or cultured stone main front façade (excluding window and door
openings)
• Dormer window
• Front elevation windows to be 100% divided light
• Secondary roof plane accent over 2nd story windows
• Accented entrance at front door articulating the front façade
• At least two architectural enhancing lights on front façade
• Front Porch of at least 6’ in length along the front façade
• Decorative gable vents or masonry accenting
• Boxed window surround
• At least two architectural enhancing lights on front facade
Craftsman Style: Craftsman architecture emphasizes porches, human-scale proportions,
exposed structure, and natural materials. Each craftsman style home shall implement a minimum
of three of the following design enhancements:
• Tapered columns on a masonry base
• Two or more front facing gables
• Two or more types of Artisian siding materials (ie. Shaker shingles and lap siding).
• Accented entrance at front door articulating the front façade
• At least two architectural enhancing lights on front facade
• Front Porch of at least 6’ in length along the front façade
• Front covered patio of at least 8’ in length along the front facade
• Front elevation windows to be 100% divided light
• Decorative gable vents
• Decorative gable brackets or rafter tails
Craftsman Style Homes Roofs: The main roof pitch for Craftsman style homes may be a
minimum of 6:12. Roofs may be gable or hip style and must include a secondary roof line
Modern Farmhouse: Modern Farmhouse architecture blends simple rural forms with
contemporary detailing and restrained material palettes. The main façade material for modern
farmhouse will be board and batton with accent paint colors and trim. Each modern farmhouse
style home shall implement a minimum of three of the following design enhancements:
• Two or more front facing gables
• Dormer Window
• Accented entrance at front door articulating the front façade
• Full height accented entrance with brick or stone
• At least two architectural enhancing lights on front façade
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• Standing seam metal accent roof
• Front Porch of at least 6’ in length along the front façade
• Front covered patio of at least 8’ in length along the front facade
• Decorative gable vents
• Front elevation windows to be 100% divided light
• Split garage door openings
• Cedar or painted trim rafter tails or roofline accenting
Section 5. Landscaping and Screening Enhancements
The landscape and screening requirements shall conform to the City of Anna Standards with the
following enhancements and/or modifications:
• Interior lot fencing shall be no less than six (6) feet in height. All interior lot fencing shall be
constructed of cedar and stained a uniform color. Interior lot fencing shall be supported by
either 4”x4” cedar, 4”x4”pressure treated wood or galvanized metal fence post at six (6) feet
on center, utilize board on board cedar pickets with a top rail cap. Fence gates shall be a
minimum 36”’ in width and must adhere to the same material and design standards above.
Any fencing facing the right of way shall have the board on board side of the fence facing the
right of way.
• Section 9.04.045(4) Residential Development shall be modified as follows:
o Each lot shall be required to plant 2 Canopy Trees and 2 Ornamental Trees.
o Any Canopy Trees shall be a minimum of four (4”) inch caliper. Ornamental Trees
shall be a minimum of three (3”) inch caliper.
o At least two of the selected Canopy or Ornamental trees shall be planted in the front
yard.
o All Trees shall be counted toward tree mitigation credits.
o All lots shall have a minimum of twelve (12) three gallon shrubs and twelve (12) one
gallon shrubs planted in the front yard of the lots.
• Rolloff garbage containers must be stored in the garage, on the side of the home or another
location hidden from view from the public right of way. If the garbage container is located on
the side of the home, it must be fully screened by a fence from the public right of way.
In lieu of the Neighborhood Point System as found in section 9.02.262 of the subdivision ordinance,
the developer will provide the Landscape Design Enhancement Plan as found on Exhibit B.
Section 6. Parks and Open Space
Park dedication and park development fees shall be paid in accordance with City ordinances. Open
space shall be provided consistent with the approved concept plan and Landscape Design
Enhancements Plan.
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Section 7. Conformance
Except as modified herein, all development on the Property shall conform to the regulations of the
City of Anna’s zoning ordinance. In the event of a conflict between this PD and the base zoning district,
the provisions of this PD shall control.
It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences,
clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph,
or section of this Ordinance shall be declared unconstitutional or otherwise invalid by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
Ordinance. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict. This Ordinance shall take effect immediately from and after its passage and
the publication of its caption as the law and City Charter provide.
DULY PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ____ day of
__________, 2026.
______________________________
Mayor
ATTEST:
______________________________
City Secretary
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EXHIBIT A
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THENCE SOUTH 01°08'59" EAST, WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
735.25 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE NORTHEAST CORNER OF A 1.09 ACRE TRACT OF LAND DESCRIBED
BY DEED TO VERNON CONSTIEN AND DOROTHY CONSTIEN, TRUSTEES OF THE CONSTIEN
FAMILY TRUST AS RECORDED IN COUNTY CLERK'S FILE NO. 20171003001321010, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
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EXHIBIT B - Landscape Design Enhancement Plan
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EXHIBIT E – ROADWAY EXHIBIT – FERGUSON PARKWAY
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EXHIBIT F – ESTIMATED PID PROJECT COST
P P T
A $$$
B $$$
C $$$
D $$$
E $$$
F $$$
G $$$
H $$$
I $$$
J $$$
K $$$
S $$$
C $$$
T $$$
A
C
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EXHIBIT G – PID Bond Financial Summary
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City of Anna, Texas For illustration purposes only
Thompson Grove Public Improvement District
PROPOSED DEVELOPMENT PLAN - RESIDENTIAL
Expected Expected Expected Expected
Finished Lot Build Out Finished Build Out
Category No. of Units Unit Value Unit Value Lots Value Value
SF 76 120,000$ 580,000$ 9,120,000$ 44,080,000$
76 9,120,000$ 44,080,000$
Notes:
Information provided by the Developer on January 21, 2026. Subject to change.
THOMPSON GROVE PUBLIC IMPROVEMENT DISTRICT
Hilltop Securities Inc.Page 1 of 4 1/21/2026
City of Anna, Texas For illustration purposes only
Thompson Grove Public Improvement District
PROJECT DEBT CAPACITY SUMMARY
PID BONDS
SOURCES OF FUNDS
Estimated Par Amount of Bonds 5,126,000$
Total Sources of Funds 5,126,000$
USES OF FUNDS
Project Fund (Bond Proceeds PID Projects)4,127,673$
Capitalized Interest Fund(1)-
Debt Service Reserve Fund(2)371,871
Financing Costs & Deposits to Admin Fund(3)626,456
Total Uses of Funds 5,126,000$
Expected Value-to-Lien per Parcel at Bond Issuance(4)1.78x
Assumed Bond Interest Rate(5)5.85%
Average Annual Installment as Tax Rate Equivalent $1.0045
Term of Bonds 30 years
Number of Benefited Units 76
PID Assessment per Benefited Unit $67,447
Project Funds per Benefited Unit $54,311
City PID Fee per SF Unit ($3,400)
Net Project Funds per Benefited Unit $50,911
Notes:
(1) Assumes no use of capitalized interest, subject to change. Use of Cap-I reduces project funds
generated through bond proceeds.
(2) Assumes to be the max annual debt service payment.
(3) For illustration and discussion purposes only; subject to change.
(4) Assumes no appraisal discounts for illustration purposes only; subject to change.
(5) For illustration purposes only; subject to change at any time.
Hilltop Securities Inc.Page 2 of 4 1/21/2026
City of Anna, Texas For illustration purposes only
Thompson Grove Public Improvement District
PROJECTED TAX STATEMENT
Tax
2025 Levy on
Tax $580,000
Rate SF Home
City of Anna $ 0.5251 3,045.42$
Collin County 0.1493 866.19
Collin County Community College District 0.0812 471.08
Anna Independent School District 1.2399 7,191.42
Total Tax Rate 1.9955$ 11,574.11$
GROSS Avg. Annual Installment as a Tax Rate Equivalent/Levy(1)1.0045$ 5,825.89$
Total GROSS Overlapping Tax Rate Equivalent/Levy plus Special Assessment(2)3.0000$ 17,400.00$
(1) Inclusive of principal, interest, additonal interest and admin levies.
(2) Not to exceed $3 per $100.
Projected Tax Statement
Hilltop Securities Inc.Page 3 of 4 1/21/2026
City of Anna, Texas For illustration purposes only
Thompson Grove Public Improvement District
PID BONDS DEBT CAPACITY
Total Levy
Additional as
Bond Interest Administrative TOTAL Tax Rate
Year Principal LEVY Equivalent
442,501$ 1.0039$
441,829 1.0023
441,985 1.0027
441,904 1.0025
442,589 1.0041
441,975 1.0027
442,127 1.0030
441,981 1.0027
442,538 1.0039
441,734 1.0021
442,634 1.0042
442,111 1.0030
442,229 1.0032
441,925 1.0026
442,200 1.0032
441,989 1.0027
442,294 1.0034
442,052 1.0028
442,264 1.0033
441,865 1.0024
441,857 1.0024
442,177 1.0031
441,762 1.0022
442,611 1.0041
442,600 1.0041
442,728 1.0044
441,933 1.0026
442,214 1.0032
442,447 1.0037
442,567 1.0040
13,265,623$
Hilltop Securities Inc.Page 4 of 4 1/21/2026