HomeMy WebLinkAbout2020-04-28 Regular Meeting PacketAGENDA
NOTICE OF A REGULAR COUNCIL MEETING
VIA TELEPHONEIVIDEO CONFERENCE
City of Anna City Council
Tuesday, April 28, 2020
NOTICE IS HEREBY GIVEN in accordance with order of the Office of the Governor
issued March 16, 2020, the City of Anna will conduct its Regular Meeting scheduled at
6:30 p.m. on Tuesday, April 28, 2020, located at Anna City Hall, 111 N. Powell Parkway,
Anna, Texas 75409 by telephone or video conference in order to advance the public
health goal of limiting face-to-face meetings (also called "social distancing") to slow the
spread of the Coronavirus (COVID-19).
This Notice and Meeting Agenda, and the Agenda Packet, will be posted online at
www.AnnaTexas.gov.
The telephonic/video meeting is hosted through Zoom and Facebook. To access the
meeting please visit www.AnnaTexas.gov to retrieve the URL by the date and time of
the meeting.
The public will be permitted to offer public comments electronically, as provided by the
agenda and as permitted by the presiding officer during the meeting. We are
encouraging neighbors, who wish to speak, to complete a Speaker Registration Form
and submit to City Secretary Carrie Land (cland@annatexas.gov) by 5:00 PM so it may
be read into the record. The form is found on the website at the following
link: https://www.annatexas.gov/DocumentCenter/View/2233/Council-Speaker-Sign-In-
Sheet?bidld=
1. Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Citizen 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 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 factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
4. Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body, information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality, and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
a. The Director of Economic Development will provide the City Council with an
update on the department and the Community Development and Economic
Development Corporations. (Director of Economic Development Joey
Grisham)
b. Recognition of Noah McElwey. (Mayor Nate Pike)
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a. Approve Council Meeting Minutes for March 26, April 1, and April 14. (City
Secretary, Carrie L. Land)
b. Approve Ordinance Amending the City of Anna's Swimming, Boating and
Fishing Regulations in City Parks and Providing Rules for Lakeview Park
(Managing Director of Community Services Ashley Stathatos).
c. Approve the Quarterly Investment Report for the Period Ending March 31,
2020 (Finance Director Dana Thornhill)
d. Approve a Resolution of the City of Anna, Texas approving and authorizing the
City Manager to act on the City's behalf in authorizing the payment of invoices for
the re-routing and underground placement of Oncor transmission lines and
the extension of new electrical facilities for the City of Anna Municipal
Complex in an amount not to exceed two hundred thirty-nine thousand six
hundred eighty-six dollars and sixty-eight cents ($239,686.68), and
providing for an effective date. (Director of Public Works Greg Peters)
e. Approve a Resolution approving the Minor Plat for Anna Industrial Park, Block
A, Lots 1 & 2. (Director of Development Services Ross Altobelli)
6. Consider/Discuss/Action regarding approval of an Ordinance extending the
declaration of disaster and public health emergency. (City Manager Jim Proce)
7. Consider/Discuss/Action on an Ordinance of the City of Anna, Texas; amending the
Anna City Code of Ordinances by amending Appendix A, Fee Schedule; providing for a
penalty for any violation of this ordinance not to exceed $500; providing for savings and
severability, and repealing clauses; providing for an effective date; and providing for
the publication of the caption hereof. (Director of Public Works Greg Peters)
8. Consider/Discuss/Action on a Resolution approving a Special Event Permit to the
Greater Anna Chamber of Commerce for the Annual 4th of July Fireworks
Show (Ashley Stathatos Managing Director of Community Services).
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); residential and retail developments
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
10. Consider/Discuss/Action on any items listed on any agenda —work 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.
(If there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
11. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
This is to certify that I, Carrie L. Land, City Secretary, posted this Notice of Quorum at a
place readily accessible to the public at the Anna City Hall and on the City Hall bulletin
board at or before 5:00 p.m., April 24, 2020.
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Carrie L. Land, City Secretary
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
The Director of Economic Development will provide the City Council with an update on the
department and the Community Development and Economic Development Corporations. (Director
of Economic Development Joey Grisham)
SUMMARY:
STAFF RECOMMENDATION:
No formal action - for information only.
THE CITY OF
AiAtia
AGENDA ITEM:
Recognition of Noah McElwey. (Mayor Pike)
SUMMARY:
Item No. 4.b.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
https://dfw.cbslocal.com/2020/04/15/coronavirus-texas-anna-teen-3d-printer-health-care-workers-
front-lines/
ANNA, Texas (CBSDFW.COM) — Little things can make a big difference during these uncertain
times. That's the hope of a teenager in Anna who is devoting his free time to help health care
workers on the front lines of the pandemic. When he's not doing school work from home or
mowing lawns to make extra money, Noah McElwey is doing something extraordinary to help
during the COVI D-19 crisis. The 17-year-old Anna High School student built a 3D printer to help
train him for a career as an engineer. "We went to our cousin's house, and one of them who was in
college at the time, built a 3D printer, and we just thought it was the coolest thing in the world," he
said. Last week, McElwey started using it to produce something that makes face masks more
comfortable. "There's been complaints that they're hurting people's ears," he said. The small
pieces of plastic, called ear savers, help take the pressure off of the ears of medical professionals
and anyone who wears a protective face mask. "You wrap it around and then you can just loop it
around behind you, and it's all the force from the mask is on the back of your head," he said.
McElwey found the design for it online and has already sent 80 to a teacher who's distributing
them to hospital workers and first responders. "He asked me if I could print some masks for
firefighters and nurses, if you know, just essential workers, people that are in close proximity to
each other," said McElwey. The process to make these doesn't cost much, but McElwey is able to
purchase the supplies through donations and his landscaping business. "I definitely feel like
there's a purpose to it," he said. "I feel like there's a sense of personal satisfaction, knowing you're
helr
Noah McElwey uses a 3D printer to make "ear savers." (credit: J.D. Miles —CBS 11)
STAFF RECOMMENDATION:
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Approved Council Meeting Minutes for March 26, April 1, and April 14. (City Secretary, Carrie
Land)
SUMMARY:
Strategic Connection
This items supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
March 26, 2020 Minutes
April 1, 2020 Minutes
April 14, 2020 Minutes
Upload Date Type
4/22/2020 Exhibit
4/22/2020 Exhibit
4/22/2020 Exhibit
THE CITY OF
Anna
MINUTES
CITY COUNCIL SPECIAL EMERGENCY MEETING
THURSDAY, MARCH 26, 2020 AT 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The Anna City Council will conducted a SPECIAL EMERGENCY MEETING on
Thursday, March 26, 2020 at 6:30 p.m. at Anna City Hall, 111 N. Powell
Parkway, Anna, Texas 75409.
An emergency and urgent public necessity is limited to imminent threats to public
health and safety, which require immediate action by the Anna City Council. This
notice of meeting giving time, place, date and subject of this SPECIAL
EMERGENCY MEETING was posted as described in Texas Government Code
Section 551.041 for the purpose of considering the following agenda items and
has been provided to the news media and to anyone else that has requested to
be notified pursuant to Texas Government Code Section 541.047 (a). An
emergency and urgent public necessity exists and this special emergency
meeting is necessary to the take action in response to an imminent threat to the
public's health posed by the Novel Coronavirus (COVID-19).
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:35 PM.
All Council Members were present.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge.
3. Citizen 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 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
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
No comments.
4. Consider/Discuss/Action regarding COVID-19 outbreak and take any
necessary action.
Yesterday we learned there was 3 confirmed cases in the City of Anna.
Council discussion ensued.
5. Consider/Discuss/Action regarding approval of an amendment to the
ordinance extending the declaration of disaster and public health
emergency.
ORDINANCE NO. 850-2020 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS SUPPLEMENTING ORDINANCE NO. 848-2020 THAT
EXTENDED THE COVID-19 DECLARATION OF DISASTER AND PUBLIC
HEALTH EMERGENCY; PROVIDING A PENALTY FOR VIOLATION OF TIDS
ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Mayor Pike moved to approve an amending Ordinance number
2020-850 and putting in a "stay at home" requirement. Council Member
Miller. Motion carried 6-0.
6. Consider/Discuss/Action regarding May 2, 2020 special and regular
elections and take any necessary action.
County Election Administrator has sent notice that the County will not
conduct the City's Election.
MOTION: Council Member Beazley moved to direct City Attorney to send a
Letter of Demand to Collin County Elections Administration and approve subject
to approval of form by City Attorney. Council Member Toten seconded. Motion
carried 6-0.
7. 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:
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). Legal aspects of
disaster response, emergency postponement of election.
MOTION: Council Member Bryan moved to enter closed session. Council
Member Miller seconded. Motion carried 6-0.
Mayor Pike recessed the meeting at 8:30 PM.
Mayor Pike reconvened the meeting at 8:45 PM.
8. Consider/Discuss/Action on any items listed on any agenda —work
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. (If there is no need to address any
other such agenda item, the Mayor shall adjourn this meeting).
9. Adjourn. There being no further business before the Council, we will
consider this meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 8:47 PM.
APPROVED the 28t" day of April, 2020.
Nate Pike, Mayor
Carrie Land, City Secretary
THE CITY OF
Anna
MINUTES
CITY COUNCIL SPECIAL EMERGENCY MEETING
WEDNESDAY, APRIL 1, 2020 AT 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The Anna City Council conducted a SPECIAL EMERGENCY MEETING on
Wednesday, April 1, 2020 at 6:30 p.m. at Anna City Hall, 111 N. Powell Parkway,
Anna, Texas 75409.
An emergency and urgent public necessity is limited to imminent threats to public
health and safety, which require immediate action by the Anna City Council. This
notice of meeting giving time, place, date and subject of this SPECIAL
EMERGENCY MEETING was posted as described in Texas Government Code
Section 551.041 for the purpose of considering the following agenda items and
has been provided to the news media and to anyone else that has requested to
be notified pursuant to Texas Government Code Section 541.047 (a). An
emergency and urgent public necessity exists and this special emergency
meeting is necessary to the take action in response to an imminent threat to the
public's health posed by the Novel Coronavirus (COVID-19).
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:30 PM.
Council Member Toten was absent.
2. Invocation and Pledge of Allegiance.
Council Member Beazley led the Invocation and Pledge.
3. Citizen 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 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
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
None.
4. Consider/Discuss/Action regarding May 2, 2020 special and regular
elections and take any necessary action.
Mayor Pike moved to postpone the May 2, 2020 elections to November 3,
2020. Council Member Vollmer seconded. Motion carried 5-0.
5. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into
closed session to discuss any items listed or referenced on this agenda
under the following exceptions:
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). emergency
postponement of election.
MOTION: Council Member Bryan moved to enter closed session. Council
Member Miller seconded. Motion carried 5-0.
Mayor Pike recessed the meeting at 6:46 PM.
Mayor Pike reconvened the meeting at 7:02 PM.
6. Consider/Discuss/Action on any items listed on any agenda —work
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. (If there is no need to address any
other such agenda item, the Mayor shall adjourn this meeting).
None.
7. Adjourn. There being no further business before the Council, we will
consider this meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:07 PM.
APPROVED the 2811 day of April, 2020.
Nate Pike, Mayor
Carrie L. Land, City Secretary
ANNACITYCOUNCIL
MINUTES
REGULAR SESSION
April 14, 2020
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:30 PM.
All Council Members were present.
2. Invocation and Pledge of Allegiance.
3. Citizen 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 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 factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
None.
4. Receive reports from Staff or the City Council about items of community
interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
Consent Agenda Items, m and q, were removed.
a. Approve Council Meeting Minutes for March 24, 2020. (City Secretary Carrie
Land)
b. Review Attendance Sheets for City Council, Boards and Commissions. (City
Secretary Carrie Land)
C. Review CDC/EDC Joint Meeting Minutes from the March 5, 2020 Meeting
(Economic Development Director Joey Grisham)
d. Review CDC/EDC Joint Meeting Minutes from the March 12, 2020 Meeting
(Economic Development Director Joey Grisham)
e. Approve an Ordinance Adopting Financial Policies (Finance Director Dana
Thornhill)
The City's current Financial Policies were adopted on February 10, 2015.
The current policies need to be expanded upon in order to provide greater
clarity of processes, assist in providing long-term financial stability, provide
guidance to establish a healthy financial position, expands upon and establish
sound financial management practices.
The amended financial policies not only expand upon the existing policies, but
also add additional sections such as a Fund Balance and Working Capital
Reserve Policy and a Debt Management Policy. Listed below are the most
significant changes which were made to the existing policy.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADOPTING
FINANCIAL POLICIES
f. Approve a Resolution approving the Amending Plat for Oak Briar Addition,
Block 1, Lots 1 R & 2R. (Director of Development Services Ross Altobelli)
RV parking lot and single-family dwelling, detached on two lots on 5.0± acres
located on the south side of County Road 513, 662± feet east of County
Road 1067. Located within the extraterritorial jurisdiction (ETJ).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
AMENDING PLAT FOR OAK BRIAR ADDITION, BLOCK 1, LOTS 1 R &
2R.
g. Approve a Resolution approving the Development Plat for Anna Industrial
Park, Block A, Lot 1. (Director of Development Services Ross Altobelli)
Office - showroom/warehouse on one lot on 18.7± acres located on the south
side of Farm -to -Market 2862, 1,246± feet east of North Sherley Avenue.
Located within the extraterritorial jurisdiction (ETJ).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
ANNA INDUSTRIAL PARK, BLOCK A, LOT 1, DEVELOPMENT PLAT
h. Approve a Resolution approving the Development Plat for Leisure Living
Estates, Block A, Lot 1. (Director of Development Services Ross Altobelli)
RV park lot on one lot on 10.0± acres located at the northeast corner of
County Road 376 and Winding Oaks Trail. Located within the extraterritorial
jurisdiction (ETJ).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
LEISURE LIVING ESTATES, BLOCK A, LOT 1, DEVELOPMENT
PLAT
Approve a Resolution approving the Preliminary Plat for Meadow Vista, Phase
1. (Director of Development Services Ross Altobelli)
132 SF-60 Single -Family Residence lots and three HOA lots on 31.8± acres
located on the north side of Hackberry Lane, 1,988± feet west of Ferguson
Parkway. Zoned Planned-Development-839-2019 (PD-839-2019).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARY PLAT FOR MEADOW VISTA, PHASE 1.
Approve a Resolution approving the Preliminary Replat for Victoria Falls
Center Addition, Block A, Lot 3R. (Director of Development Services Ross
Altobelli)
Bank, savings and loan, credit union on one lot on 1.3± acres located on the
north side of West White Street, 142 +/- feet east of Victoria Falls Drive.
Zoned Planned Development-119-2003 (PD-119-2003).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARY REPLAT OF VICTORIA FALLS CENTER ADDITION,
BLOCK A, LOT 3R.
k. Approve a Resolution approving the Final Plat for West Crossing, Phase 8.
(Director of Development Services Ross Altobelli)
81 SF-60 Single -Family Residence lots and two HOA lots on 17.8± acres
located on the east side of West Crossing Boulevard, 120± feet north of
Edinburgh Drive. Zoned Planned Development-133-2004- Single Family
Residential-60 (P D-1 33-2004-S F-60).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF WEST CROSSING, PHASE 8.
Approve a Resolution approving the Replat for Anna Town Center Addition,
Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross
Altobelli)
Restaurant with drive -through and three vacant lots on 38.9± acres located at
the southeast corner of U.S. Highway 75 and Hackberry Drive. Zoned
Planned Development-648-2014-General Commercial (PD-648-2014-C2).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
REPLAT FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND
11.
m. Approve a Resolution approving the Final Plat for Anna Crossing Villas.
(Director of Development Services Ross Altobelli)
129 Patio Home lots and seven HOA lots on 22.6± acres located on the east
side of Finley Boulevard, 405± feet north of Sharp Street. Zoned Planned
Development-755-2018 (PD-755-2018).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF ANNA CROSSING VILLAS.
MOTION: Council Member Bryan moved to approve. Council Member Toten
seconded. Motion carried 6-0.
n. Approve a Resolution approving the Final Plat for Anna Crossing, Phase 6.
(Director of Development Services Ross Altobelli)
116 Single-family dwelling, detached lots and seven HOA lots on 30.5± acres
located at the southwest corner of Finley Boulevard and Leonard Avenue.
Zoned Planned Development-129-2004 (P D-1 29-2004).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF ANNA CROSSING, PHASE 6
o. Approve a Resolution approving the Final Plat for Children's Lighthouse
Addition, Block A, Lots 1 & 2. (Director of Development Services Ross
Altobelli)
Child-care center on one lot and vacant lot on 2.8± acres located at the
northwest corner of Leonard Avenue and Sharp Street. Zoned Planned
Development-841-2020 (PD-841-2020).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF CHILDREN'S LIGHTHOUSE ADDITION, BLOCK 1,
LOTS 1 and 2.
p. Approve a Resolution approving the Site Plan for Children's Lighthouse
Addition, Block 1, Lot 1. (Director of Development Services Ross Altobelli)
Child-care center on one lot on 1.8± acres located at the northwest corner of
Leonard Avenue and Sharp Street. Zoned Planned Development-841-2020
(PD-841-2020).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
SITE PLAN OF CHILDREN'S LIGHTHOUSE ADDITION, BLOCK 1,
LOT 1.
q. Consider/Discuss/Act on a Resolution Authorizing a Relocation and
Appearance Restoration Agreement with Reader Industries, Inc. to acquire a
No. 201 1906 ALCO locomotive (Managing Director of Community Services
Ashley Stathatos).
Before the City Council is a Resolution to Authorize an Appearance and
Restoration Agreement with Reader Industries, Inc.
Reader Industries agrees to the following:
• To dismantle, load and transport No. 201 to facilities in Reader, Arkansas to
restore No. 201's appearance
• To transport, install and reassemble No. 201 in Anna after the locomotive
has been restored in Reader, Arkansas
• To make arrangements and pay for all transportation costs of No. 201 and
any parts from Eureka Springs, Arkansas to Reader, Arkansas to Anna
• To provide insurance and be responsible for risk of loss until the train is
delivered to Anna
The City of Anna agrees to the following:
• Provide display track to support the weight of No. 201
• Provide adequate clearance for transportation equipment to be unloaded at
delivery point
The total project cost is $348,360. In the Parks Development Fund, the
following expenditures have been budgeted $360,000 for the train, $55,000
for the power lines and $25,000 for the tracks. The cost that has been
budgeted for the tracks is a minimum cost estimate. If the City Council wants
the tracks to be placed in concrete, then, the cost for the tracks is likely to
increase. No funds have been budgeted for unforeseen costs.
Per the contract, work is supposed to begin on the restoration within 45 days
although the estimated time frame to actually begin work is 27 days. Phase 1
Restoration and Phase 2 Restoration are both estimated to be 51 days and
transport to Anna and final assembly to be 21 days. The total amount of time
from contract signing to installation in Sherley Heritage Park is 150 days or
approximately 5 months.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A RELOCATION
AND APPEARANCE RESTORATION AGREEMENT WITH READER
INDUSTRIES, INC. TO ACQUIRE A NO. 201 1906 ALCO
LOCOMOTIVE.
MOTION: Council Member Bryan moved to approve. Council Member Miller
seconded. Motion carried 5-1. Toten opposed.
r. Approve Resolution Providing a Concept Plan for Slayter Creek
Neighborhood Park (Also Known As "West Crossing Park") (Managing
Director of Community Services Ashley Stathatos).
In September 2019, the Parks Advisory Board recommended approval to the
City Council of a concept plan for West Crossing Park. The concept plan is
attached to this item behind the Resolution and Exhibit A. This concept plan
was never brought to the City Council because when the developer found out
they had no more park credits due to the improvements made at Lakeview
Park, they told staff they did not want build the playground. Several months
thereafter, the developer reconsidered and offered to build the playground,
again. Staff made a slight field adjustment to the concept plan recommended
by the Parks Advisory Board moving the playground a little further north so it
would not come up too close to a neighbor's home and be buffered by the
roadway. There are no credits associated with the playground improvements.
This would be a playground on city parkland paid for by the developer with no
reimbursement by the City.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
CONCEPT PLAN FOR SLAYTER CREEK NEIGHBORHOOD PARK
(ALSO KNOWN AS "WEST CROSSING PARK") IN THE AREA
GENERALLY LOCATED EAST BANBURY DRIVE.
s. Approve Resolution Authorizing the Purchase of a John Deere 1600 Turbo
Series III Mower through BuyBoard Texas Cooperative from Deere &
Company, Vendor, United Ag & Turf, Delivering Dealer (Managing Director of
Community Services Ashley Stathatos).
Staff is requesting the City Council authorize the City Manager to purchase a
John Deere 1600 Turbo Series III Mower through BuyBoard Texas
Cooperative from Deere & Company, Vendor, and United Ag & Turf,
Delivering Dealer. This is a wide area mower that will replace a Toro 5900 and
is needed to mow Lakeview Park which recently came online. This purchase
is an authorized expenditure through the Parks Development Fund, and it was
budgeted for in the FY 2019-2020 Budget.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO PURCHASE A JOHN
DEERE1600 TURBO SERIES III MOWER FROM DEERE &
COMPANY, VENDOR, UNITED AG & TURF, DELIVERING DEALER
THROUGH BUY BOARD TEXAS COOPERATIVE.
MOT ON: Council Member Beazley moved to approve Consent Items a -I, n-p, and
r-s. Motion carried 6-0.
6. Consider/Discuss/Action regarding approval of a Resolution authorizing a
professional services agreement for engineering services with Kimley-Horn
and Associates, Inc. for the Comprehensive Plan, Downtown Master Plan,
and Parks, Trails, and Open Space Master Plan. (Director of Development
Services Ross Altobelli)
The cost estimate of each plan is:
• Comprehensive Plan - $289,734
• Downtown Master Plan - $77,803
• Parks, Trails, and Open Space Master Plan - $182,314
MOTION: Council Member Bryan moved to approve. Council Member Toten
seconded. Motion carried 6-0.
7. Approve a resolution of the City of Anna, Texas approving and authorizing
the City Manager to act on the city's behalf in executing and approving
Change Order no. 1 to the contract with Lee Lewis, LLC for the City Hall
construction project. (Greg Peters, P.E., Director of Public Works)
The municipal complex site is part of the original town of Anna, and as such the
property has had different uses over many years. Upon beginning excavation of the
property, the contractor began to find multiple underground structures and debris
piles, including a large concrete storage pit.
The size and depth of the underground concrete pit is substantial. Its existence was
not known to the design team and City staff. It is located directly below the
southwest portion of the proposed Municipal Building.
Due to the location, once the pit was identified the contractor and design team put
together a plan to demolish the concrete and backfill the hole with a mix of native
and select fill, compacted to ensure that a stable subsurface was created for the
new building. Based on this plan, the contractor began pumping the stagnant water
out of the pit and removing the concrete structure. Despite pumping the water from
the pit multiple times, it kept refilling with relatively clear groundwater. Staff, and
contractor worked together to search for a potential waterline leak and test the water
for chlorine. No leak was found, and the water has no chlorine residual. We then
worked with the geotechnical engineer and confirmed that it is spring -fed
groundwater. At this point staff and the contractor engaged the geotechnical
engineer and the design team for the project in order to develop a plan to resolve
the issue and ensure protection of the building foundation. The geotechnical
engineer and the structural engineer developed a set of recommendations, which
were reviewed by the architect and City staff.
The plan is to pump the water in the pit down and immediately begin filling the pit
with concrete to a level above the previous top of ground surface, where it will be
capped. In order to save money the contractor has agreed to form up some of the
area in order to save on the volume of concrete needed, especially above the
identified resting water surface of the pit.
The cost for Change Order #1 is $79,107.00.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING AND APPROVING CHANGE ORDER NO. 1 TO THE
CONTRACT WITH LEE LEWIS CONSTRUCTION FOR THE CITY HALL
CONSTRUCTION PROJECT
MOTION: Mayor Pike moved to approve. Council Member Vollmer seconded.
Motion carried 5-0. Council Member Miller's vote was missed.
8. Update and discussion regarding COVID-19 pandemic and take any
necessary action. (Fire Chief Ray Isom)
No action just discussion.
9. Consider/Discuss/Action regarding amendment to the ordinance extending
the declaration of disaster and public health emergency. (City Manager Jim
Proce)
The governor and County Judge had both implemented executive orders. This
action will align the City of Anna declarations with these orders and following actions
going forward to the extent of the law.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AMENDING ORDINANCE NO. 850-2020 AND EXTENDING THE COVID-19
DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY;
PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Mayor Pike moved to extend the declaration up to 30 days following the
State. Council Member Miller seconded. Motion carried 6-0,
10. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). architect contract
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
None.
11. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
12. Adjourn.
Mayor Pike adjourned the meeting at 8:32 PM.
Approved on the April 10, 2020.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Approve Ordinance Amending the City of Anna's Swimming, Boating and Fishing Regulations in
City Parks and Providing Rules for Lakeview Park (Managing Director of Community Services
Ashley Stathatos).
SUMMARY:
Lakeview Park located in Lakeview Subdivision recently came online and is now part of the City of
Anna's Park System. Rules governing the use of the lake at the park are necessary for neighbors
to be able to enjoy the lake amenity in a safe manner. The ordinance brought before the City
Council encompasses the rules and regulations voted on and recommended by the Parks
Advisory Board at their February meeting.
The rules and regulations for swimming, boating and fishing pertain to any body of water in any city
park.
-Fishing is permitted from the banks of creeks, ponds and lakes.
-Fishing is limited to catch and release only.
-Motorized boats are not permitted.
-Swimming is not permitted except in special circumstances authorized by the City Manager or
their representative.
The rules and regulations for swimming, boating and fishing in Lakeview Park are specific to the
use of the lake in Lakeview Subdivision and do not apply to other bodies of water within city parks.
-Non-motorized boats are permitted in Lakeview Lake.
-A US Coast Guard approved wearable flotation device is required for any person on board any
boat.
-Careless, reckless behavior is prohibited.
-Boating after dark and during inclement weather is prohibited.
-Persons utilizing the lake at Lakeview Park do so at their own risk and the City of Anna disclaims
all liability for personal injury and damage to personal property.
-All other rules are the same as noted in the section above.
Any person violating this ordinance is subject to removal and suspension from Lakeview Park and
a fine not to exceed $2,000. Law enforcement officers are authorized to enforce this ordinance.
Strategic Connection
This items supports the City ofAnna Strategic Plan, specifically advancing:
Goal 3: Anna -A Great Place to Live
STAFF RECOMMENDATION:
Staff Recommends Approval of the Ordinance Amending the City of Anna's Swimming, Boating
and Fishing Regulations in City Parks and Providing Rules for Lakeview Park.
ATTACHMENTS:
Description Upload Date Type
Swimming, Boating, Fishing Ordinance 4/22/2020 Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING CHAPTER 10, STREETS, PARKS AND OTHER PUBLIC
WAYS AND PLACES; ARTICLE 10.02, PARKS, RECREATION AND SPECIAL EVENTS; DIVISION
2, GENERAL PARK REGULATIONS; SECTION 10.02.032, SWIMMING, BOATING AND FISHING;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED
$2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, Lakeview Park is a new park in Lakeview subdivision in the City of Anna, Texas;
and
WHEREAS, Anna Neighbors desire to use and enjoy the lake in Lakeview Park for recreational
purposes; and
WHEREAS, rules and regulations for swimming, boating and fishing in Lakeview Park are
necessary to promote the health safety, morals and the general welfare of Anna Neighbors; and
WHEREAS, City staff recommends amending Chapter 10, "Streets, Parks and Other Public
Ways and Places", Article 10.02, "Parks, Recreation and Special Events", Division 2, "General
Park Regulations", Section 10.02.032, "Swimming, boating and fishing"; and
WHEREAS, the City Council of the City of Anna finds it to be in the best interest of the public
to amend Chapter 10, "Streets, Parks and Other Public Ways and Places", Article 10.02, "Parks,
Recreation and Special Events", Division 2, "General Park Regulations", Section 10.02.032,
"Swimming, boating and fishing" of the Anna City Code of Ordinances as set forth below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendment to Chapter 10, "Streets, Parks and Other Public Ways and
Places."
In accordance with the Anna City Code of Ordinances, the following amendments are made to
Chapter 10, "Streets, Parks and Other Public Ways and Places," Article 10.02, "Parks, Recreation
and Special Events," Division 2, "General Park Regulations," Section 10.02.032, "Swimming,
boating and fishing" to read as follows:
Sec. 10.02.032 Swimming, Boating and Fishing.
(a) It shall be unlawful for any person to utilize any creek, pond, lake or other body of water in
any city park for swimming, snorkeling, scuba diving, boating or fishing unless such
activities are specifically authorized and permitted under this code or other city regulations
or a special exception is granted from the City Manager or his authorized representative.
(b) All motorized boats of any type are unlawful in any creek, pond, lake or other body of water
in any city park.
(c) Fishing is permitted from the banks of any creek, pond, lake or other body of water in any
city park under the following conditions.
(1) Fishing is permitted with a pole and line only. Rod and reel, fly rod and cane
pole are all permitted.
(2) No more than two poles are permitted per person.
(3) Trotlines, throw lines, jug lines, fish traps, seines, cast nets, bows and spears
are prohibited.
(4) Identification tags are prohibited.
(5) Fishing is limited to catch -and -release only. Fish that are caught must be
returned back to the water from which they came.
(6) Fishing is only allowed in designated areas.
(7) All anglers age 17 years and older are required to have a valid state fishing
license.
(8) All fishing activities must comply with current applicable federal, state and local
laws.
(d) Lakeview Lake, the lake located in Lakeview Park in Lakeview Subdivision, is hereby
declared to be a community lake. The following rules and regulations for Lakeview Park
shall apply.
(1) Swimming, snorkeling and scuba diving is prohibited.
(2) All motorized boats of any type are prohibited.
(3) Non -motorized boats shall be permitted.
(4) Boat passengers under the age of 13 must have an adult with them on board.
(5) One US Coast Guard approved wearable flotation device is required for each
person on board any boat.
(6) Careless, negligent and reckless behavior on boats is prohibited.
(7) Horseplay, standing, jumping, rocking, tipping and overloading on boats is
prohibited.
(8) Boating after dark is prohibited.
(9) Boating during inclement weather is prohibited.
(10) Boating when the lake rises beyond the shoreline is prohibited.
(11) Fishing is permitted from non -motorized boats following the rules in section
10.02.032 (c).
(12) Throwing, dropping, depositing, placing or dropping any litter, cans, paper,
refuse or other materials into Lakeview Lake, on the land adjoining the lake or
nearby trails is prohibited.
(13) Bathing, urinating or defecating in Lakeview Lake, on the land adjoining lake or
nearby trails is prohibited.
(14) The City of Anna reserves the right to close Lakeview Lake at any time under
its sole discretion.
(15) Persons going in, on or near Lakeview Lake or Lakeview Park or utilizing any
aspect of those areas do so solely at their own risk and the City of Anna and its
agents disclaim all liability for personal injury including without limitation death
as well as damage to personal property.
(e) Enforcement
(1) Law enforcement officers are authorized to enforce the provisions of this
section.
(2) Any person violating the rules of this section may be subject to removal and
suspension from Lakeview Park.
(3) It is an offense to violate any provision of this section.
(4) Any person found guilty of violating this section shall be punished by a fine not
to exceed $2,000.
(Ordinance 410-2008 adopted 10/14/08; 2008 Code, pt. II, art. 47, sec. 2.02; Ordinance
adopted )
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a Class C misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed $2,000 for each incidence of violation.
Each violation is considered a separate offense and will be punished separately. Each and
every day that a violation persists shall be deemed a separate offense.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the
same as if such invalid or unconstitutional provision had never been a part hereof. The City
declares that it would have passed this ordinance, and each section, subsection, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS ON THIS THE 28TH DAY OF APRIL 2020.
APPROVED: ATTESTED:
Mayor Nate Pike
City Secretary Carrie Land
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Approve the Quarterly Investment Report for the Period Ending March 31, 2020 (Finance Director
Dana Thornhill)
SUMMARY:
In accordance with the Public Funds Investment Act, the City of Anna is required to submit a
quarterly report on the investment of all Public Funds held by the City. The report includes the
following:
• Review of the City's holdings
• Comparison of book vs. market value
• Allocation information
• Other information related to the PFIA
The City's portfolio as of quarter ending March 31, 2020 earned an average yield of 1.68%%.
The total year to date interest earnings are $491,951. The Quarterly Investment Report for March
31, 2020 is attached for review.
Strategic Connection
This items supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing Professional City
STAFF RECOMMENDATION:
No action by the City Council is required.
ATTACHMENTS:
Description Upload Date Type
Quarterly Investment Report for the Period Ending March 4/22/2020 Staff Report
31, 2020
THE CITY OF
mnna
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
March 31, 2020
The investment portfolio ofthe City of Anna is in compliance with the Public Funds Investment Act and the
Accounting Manager
Summary
Investment Report
January 1, 2020 to March 31, 2020
Quarter End Results by Investment Category:
Asset Type
Bank DDA
Money Market
Texpool
CDs
Totals
Ave. Yield
�10/0
1.40%
1.40%
2.21
%
Current Quarter Average Yield
Total Portfolio 1.68%
March 317 2020
Book Value Market Value
$ 14,379,240 $ 14,379,240
$ 6,206,454 $ 61206,454
$ 272550,556 $ 271550,556
December 31, 2019
Book Value Market Value
$ 111055,714 $ 11,0551714
$ 71181,147 $ 71181,147
$ 27,455,219 $ 271455,219
$
11,540,138
$
11,540,138
$
14,522,406
$
14,522406
,
$
5%676,389
$
59,676,389
$
60,2143485
$
60,214,485
Quarterly Interest Income $252,287
Year-to-date Interest Income $491,951
Fiscal Year -to -Date Average Yield
Total Portfolio
1.79%
Investment Report
January 1, 2020 to March 31, 2020
Summary of Total Investment Book Value by Fund Group
3131 /20
General Fund
$ 9,292,832
Debt Service Funds
7715368
General Capital
Projects Non Bond
1,867,188
General Capital
Projects Bond
27,904,088
Special Revenue
Funds
41222,634
Water & Sewer
Fund
41230,846
Utilities Funds -
Restricted
10,114,078
EDC
476,309
CDC
797,055
TOTAL
$ 593676,389
12/31/19
$ 81309,798
1,263,416
5899,052
285549,495
1783,926
51540,247
,3251337
588,901
954,313
$ 6012143485
Investment Holdings
Investment Report
January 1, 2020 to March 31, 2020
Maturity
Purchase
March
31,
2020
December
31,
2019
Qtr to Qtr
Description
Yield
Date
Date
Book Value
Market Value
Book Value
Market Value
Change
Independent Bank
1.91 %
10/1/2019
$
145379,240
$
142379,240
$
11,055,714
$
11;055,714
$
32323,525
Landmark Bank
1.40%
10/1/2019
$
61206,454
$
61206,454
$
71181,147
$
7,1811147
$
(974,692)
TexPool
1.40%
10/1/2019
$
275550,556
$
272550,556
$
271455,219
$
275455,219
$
95,338
American Nat'l Bank CD #1745
2,86%
3/20/2020
9/20/2018
$
$
$
259,031
$
259,031
$
(259,031)
Independent Bank CD #7879
2.42%
3/20/2020
6/20/2019
$
$
$
506,332
$
506,332
$
(506,332)
Legacy Texas CD #9449
1,90%
3/20/2020
9/20/2019
$
$
$
251,314
$
251,314
$
(251,314)
Independent Bank CD #7901
2.42%
3/21/2020
6/21/2019
$
$
$
21025,195
$
21025:195
$
(21025,195)
American Nat'l Bank CD #4805
1.76%
4/29/2020
11/1/2019
$
110072233
$
11007,233
$
11002,893
$
11002,893
$
4,340
American Nat'l Bank CID#2875
2.94%
5/1/2020
11/1/2018
$
11041,079
$
11041,079
$
11033,830
$
11033,830
$
7,249
Landmark Bank CD #6681
1.77 %
5/10/2020
11/10/2019
$
5162052
$
516,052
$
513,815
$
513,815
$
22237
Independent Bank CD #7902
2,47%
6/21/2020
6/21/2019
$
5095474
$
509,474
$
506:429
$
506,429
$
3,045
Independent Bank CD #7899
2.47%
6/21/2020
6/21/2019
$
11018,948
$
11018,948
$
110122858
$
110122858
$
62090
American Nat'l Bank CD #2891
2.07%
8/1/2020
8/1/2019
$
5162764
$
516,764
$
514J61
$
5149161
$
22602
Landmark Bank CD #6186
1.75%
8/1/2020
11/1/2019
$
110077192
$
11007,192
$
11002,877
$
11002,877
$
41315
Legacy Texas CD#6094
2.97%
9/21/2020
9/20/2018
$
2612209
$
261,209
$
2599378
$
259,378
$
12831
American Nat'l Bank CID#2883
1,81%
11/1/2020
11/1/2019
$
2,0721094
$
21072,094
$
2,0621915
$
21062,915
$
91180
American Nat'l Bank CID#4797
1.81%
11/1/2020
11/1/2019
$
11007,438
$
11007,438
$
1,0029975
$
11002,975
$
41463
American Nat'l Bank CD # 1660
2,23%
12/18/2020
6/18/2019
$
21073,181
$
21073,181
$
2:061,975
$
2,0611975
$
11,206
Independent Bank CD #7898
2.47%
12/21/2020
6/21/2019
$
509,474
$
509,474
$
506,429
$
506,429
$
31045
TOTAL
$
601214,485
$
601214,485
$
(538,097)
$
5%676,389
$
595676,389
Paol
46%
Portfolio Comparison
Money Marl<e[
1 1 i Bank
■ Banl< a CD a Pools Money Market
3
Total Portfolio
70,000,aoo
60,000,000
60,000,000
40,000,000
30,0000000
20,000,000
10,000,000
0
,Y1 'y't ,yh h4 ,y0 hO q0 ,y0 ,y9 ,y9 h9 ,y0
1°c iF'� pe le 1°� Sep pe` �f'� NJ° xis pe �fa�
Total Portfolio Performance
0
Jun-17 Sep-17 Dec-17 Mar-18 Jun-18 Sep-18 Dec-18 Mar-19 Jun-19 Sep-19 Dec-19 Mar-20
�Texpool Weighted Average Yield
THE CITY OF
Aifttia
AGENDA ITEM:
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Approve a Resolution of the City of Anna, Texas approving and authorizing the City Manager to
act on the City's behalf in authorizing the payment of invoices for the re-routing and underground
placement of Oncor transmission lines and the extension of new electrical facilities for the City of
Anna Municipal Complex in an amount not to exceed two hundred thirty nine thousand six
hundred eighty-six dollars and sixty-eight cents ($239,686.68), and providing for an effective
date. (Director of Public Works Greg Peters)
SUMMARY:
In September of 2019 the City Council approved a resolution to initiate the early site work
package for the Municipal Complex. I n November of 2019 the City Council approved a resolution
granting the necessary permanent electrical easements required for the relocation of existing
overhead Oncor electric lines to the perimeter of the site.
The existing property had overhead electric lines in direct conflict with the new Municipal Building.
Therefore, the lines had to be moved. Placing the lines underground provides for a more visually
appealing complex.
The cost to re-route the existing Oncor transmission lines and extend new electrical facilities to the
project was budgeted at $250,000.00 through Municipal Bond Funds.
The work was done in combination by Lee Lewis and Oncor Electric. The total final cost for this
work is $239,686.68. Staff has attached the Oncor cost along with the Lee Lewis invoice as
Exhibit 1.
The attached resolution authorizes the City Manager to approve the payment of invoices or the
electrical work completed.
Strategic Connection
This items supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Staff recommends approval as presented.
ATTACHMENTS:
Description
Resolution - Payment for Electrical Relocation and
Extension
Exhibit 1 - Invoice and Costs
Upload Date Type
4/21 /2020 Resolution
4/21 /2020 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO. 2020- -
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN AUTHORIZING THE
PAYMENT OF INVOICES FOR THE RE-ROUTING AND UNDERGROUND PLACEMENT
OF ONCOR TRANSMISSION LINES AND THE EXTENSION OF NEW ELECTRICAL
FACILITIES FOR THE CITY OF ANNA MUNICIPAL COMPLEX IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED THIRTY NINE THOUSAND SIX HUNDRED EIGHTY-SIX
DOLLARS AND SIXTY-EIGHT CENTS ($239,686.68), AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 10, 2019, the City of Anna, Texas (the City), via its Res. No. 2019-
09-617, awarded a contract to Lee Lewis Construction, Inc., for the Early Sitework Construction
Phase Services ("Phase 1") associated with the design and construction of the City's new
municipal complex (the "Project"), and;
WHEREAS, the costs of Phase 1 work were to be funded by municipal complex bond funds not
to exceed a total amount of $1,911,193.00, and;
WHEREAS, the costs of relocating Oncor transmission lines to the perimeter of the project and
installing new electrical facilities for the project were to be funded by municipal complex bond
funds not to exceed a total amount of $250,000.00, and;
WHEREAS, the relocation and extension work has been completed by both Oncor Electric and
Lee Lewis, and the total cost of the relocation and extension of new facilities is $239,686.68.1
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby authorizes the City Manager to authorize the payment of invoices to
Lee Lewis and Oncor Electric Delivery Company, LLC in the aggregate amount of
$239,686.68.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day of
20_
APPROVED:
Nate Pike, Mayor
ATTEST:
Carrie Land, City Secretary
FF7::1 INVOICE
LEE LEWIS CONSTRUCTION, INC.
17177 Preston Rd., Ste. 160 * Dallas, TX 75248 * (972) 818-0700
P.O. Box 795037 * Dallas, TX 75379 * (972) 818-0706 Fax
Attn: Mr. Greg Peters
City of Anna
111 North Powell Parkway
Anna, TX 75409
Job No.: AA-2035
Job Name: Anna City Hall
Invoice #: Oncor Primary for Anna Municipal #1
Invoice Date: 04/03/20
DESCRIPTION
AMOUNT
Original
Actual
General Conditions
$0
$0
Permit
$0
$0
Underground Investigation
$9,500
$5,500
Survey
$4,500
$2,550
Primary Conduit
$63,500
$65,000
Concrete; Remove and Replace
$14,400
$13,850
Barricades
$12,000
$12,000
Builder's Rick Insurance
$221
$210
General Liability Insurance
$748
$712
Umbrella Insurance
$468
$445
GC Contingency
$5,195
$0
AGC Fee
$108
$102
P&P Bond
$2,878
$2,791
Fee
$2,432
$2,206
$115,950
$105,366
$105,366.00
TOTAL 1 $105,366.00
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 1 of 2
Effective Date: September21, 2009
6.3.1 Facilities Extension Agreement
WR Number: 3440055
Transaction ID:
This Agreement is made between The City of Anna , hereinafter called "Customer" and
Oncor Electric Delivery Company LLC, a Delaware limited liability company, hereinafter called "Company" for the extension of Company
Delivery System facilities, as hereinafter described, to the following location City Hall and Fire Station 305 S. Powell, Anna TX
The Company has received a request for the extension of: (check all that apply)
STANDARD DELIVERY SYSTEM FACILITIES TO NON-RESIDENTIAL DEVELOPMENT
Company shall extend standard Delivery System facilities necessary to serve Customer's estimated maximum demand
requirement of 705 kW ("Contract kW"). The Delivery System facilities installed hereunder will be of the
character commonly described as 277/480 volts at 60 hertz, with reasonable variation to be allowed.
SEE ARTICLE V
❑ STANDARD DELIVERY SYSTEM FACILITIES TO RESIDENTIAL DEVELOPMENT
Company shall extend standard Delivery System facilities necessary to serve:
All -electric residential lot(s)/apartment units, or
(Number of lots/units)
Electric and gas residential lot(s)/apartment units.
(Number of lots/units)
The Delivery System facilities installed hereunder will be of the character commonly described as
volt, phase, at 60 hertz, with reasonable variation to be allowed.
ElNON-STANDARD DELIVERY SYSTEM FACILITIES
Company shall extend/install the following non-standard facilities:
ARTICLE I - PAYMENT BY CUSTOMER
At the time of acceptance of this Agreement by Customer, Customer will pay to Company $134,320.68 as payment for the
Customer's portion of the cost of the extension of Company facilities, in accordance with Company's Facilities Extension Policy, such
payment to be and remain the property of the Company. Subject to provisions in Article V.
ARTICLE II - NON -UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES
This article, Article II, applies only to the installation of standard Delivery System facilities.
a.The amount of Contribution in Aid of Construction ("CIAC") to be paid by Customer under Article I above is calculated based on the
estimated data (i.e., Contract kW or number and type of lots/units) supplied by Customer and specified above. Company will
conduct a review of the actual load or number and type of lots/units at the designated location to determine the accuracy of the
estimated data supplied by Customer. If, within four (4) years after Company completes the extension of Delivery System
facilities, the estimated load as measured by actual maximum kW billing demand at said location has not materialized or the
estimated number and type of dwelling units/lots at said location have not been substantially completed, Company will re-
calculate the CIAC based on actual maximum kW billing demand realized or the number and type of substantially completed
dwelling units/lots. For purposes of this Agreement, a dwelling unit/lot shall be deemed substantially completed upon the
installation of Company's meter. The installation of a Company meter in connection with Temporary Delivery Service does not
constitute substantial completion.
b.Customer will pay to Company a "non -utilization charge" in an amount equal to the difference between the re -calculated CIAC
amount and the amount paid by Customer under Article I, above. Company's invoice to Customer for such "non -utilization
charge" is due and payable within fifteen (15) days after the date of the invoice.
Tariff for Retail Delivery Service
Oncor Electric Deivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 2
Effective Date: September21, 2009
ARTICLE III - TITLE AND OWNERSHIP
Company at all times shall have title to and complete ownership and control over the Delivery System facilities extended
under this Agreement.
ARTICLE IV - GENERAL CONDITIONS
Delivery service is not provided under this Agreement. However, Customer understands that, as a result of the
installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location
will be provided in accordance with Rate Schedule GS General Service which
may from time to time be amended or succeeded.
This Agreement supersedes all previous agreements or representations, either written or oral, between Company and
Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between
the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives.
ARTICLE V — OTHER SPECIAL CONDITIONS
(i) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a
public utility or governmental entity, that are located within real property owned by Customer. In the event that Customer
has failed to do so, or in the event of the existence of such facilities of which Customer has no knowledge, Company, its
agents and contractors, shall have no liability, of any nature whatsoever, to Customer, or Customer's agents or assignees,
for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities.
COMPANY AGREES TO INSTALL 1400 FT. OF 3PH UG 1000 KCMIL IN CUSTOMER INSTALLED CIVIL, 1 PME9 SWGR & 11 WOOD
POLES WITH 7 SPANS OF 3PH OH PRIMARY. REMOVE 15 WOOD POLES, 15 SPANS OF 3PH OH PRIMARY, 8 FOREIGN POLE
CONTACTS, & 14 OH TRANSFORMERS. CITY OF ANNA PERMIT REQUIRED
THE CITY OF ANNA AGREES THAT PAYMENT SHALL BE MADE WITHIN 30 DAYS OF THE DATE THE PROJECT IS COMPLETED.
ACCEPTED BY COMPANY:
Oncor Electric Delivery Company LLC
Oncor Representative - Signature
DONNA COLLUM
Oncor Representative — Printed Name
NEW CONSTRUCTION MANAGER
Oncor Representative - Title
FEBRUARY 20, 2020
Date
ACCEPTED BY CUSTOMER:
The City of Anna
Customer / Company Name
Customer Representative Signature
Customer Representative — Printed Name
Customer Representative - Title
Date
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Approve a Resolution approving the Minor PlatforAnna Industrial Park, Block A, Lots 1 & 2.
(Director of Development Services Ross Altobelli)
SUMMARY:
Office - showroom/warehouse and single-family dwelling, detached on two lots on 20.5± acres
located on the south side of Farm -to -Market 2862, 1,482± feet east of North Sherley Avenue.
Located within the extraterritorial jurisdiction (ETJ ).
Strategic Connection
This items supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
Goal 2: Sustainable Anna Community Through Planned, Managed Growth
STAFF RECOMMENDATION:
No action for recommendation from the Planning & Zoning Commission as the meeting was
cancelled out of precaution for COVI D-19.
This Minor Plat meets the requirements of the Subdivision Regulations, Design Standards, and
Zoning Ordinance. Recommended for approval subject to the on -site sewage facility review by
Collin County Development Services.
ATTACHMENTS:
Description
Locator
Resolution
Exhibit
Upload Date
Type
3/30/2020
Exhibit
3/30/2020
Resolution
4/22/2020
Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA
INDUSTRIAL PARK, BLOCK A, LOTS 1 AND 2, MINOR PLAT
WHEREAS, in order to provide for the orderly development of land within the Anna city
limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City
Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision
Regulations"); and
WHEREAS, Casey Gregory, P.E., Sanchez & Associates, L.L.C., has submitted an
application for approval of the Anna Industrial Park, Block A, Lots 1 and 2, minor plat; and
WHEREAS, on -site sewage facility notes provided by Collin County Development
Services shall be added prior to the recording of this minor plat with the Collin County
Clerk's Office;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat.
The City Council hereby approves the Anna Industrial Park, Block A, Lots 1 and 2, minor
plat attached hereto as Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28tn
day of April 2020.
ATTEST: APPROVED:
City Secretary, Carrie L. Land Mayor, Nate Pike
Line Table
Line #
Length
Direction
L1
54.40
N2° 06' 01"E
L2
798.36
N2° 06' 01 "E
L3
737.17
S2° 06' 01 "W
L4
737.18
S2° 06' 01 "W
L5
798.36
N2° 06' 01 "E
L6
48.41
N2° 06' 01 "E
L7
153.95
N87° 53' 59"W
L8
153.94
N87° 53' 59"W
L9
156.30
N87° 53' 59"W
L10
156.30
N87° 53' 59"W
CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
TANGENT
C1
45.67
30.00
87'13'54"
S45°42'58"W
28.58
C2
17.57
30.00
33°33'26"
N18°52'44"E
9.05
C3
17.57
30.00
33°33'26"
S18°52'44"W
9.05
C4
29.45
30.00
56°15'05"
S26°01'32"E
16.04
C5
117.81
60.00
112°30'09"
N2°06'00"E
89.80
C6
29.45
30.00
56°15'04"
S30°13'33"W
16.04
C7
29.45
30.00
56°15'06"
S26°01'32"E
16.04
C8
306.31
60.00
292°30'07"
S87°54'01 "E
40.09
C9
29.45
30.00
56°15'02"
N30°13'32"E
16.04
C10
29.45
30.00
56'15'04"
N26°01'31"W
16.04
C11
117.81
60.00
112°30'05"
S2°06'00"W
89.80
C12
29.45
30.00
56'15'02"
N30°13'32"E
16.04
C13
17.57
30.00
33°33'26"
N14°40'42"W
9.05
C14
17.57
30.00
33°33'26"
S14°40'42"E
9.05
C15
48.67
30.00
92°56'55"
N44°22'27"W
31.59
C16
32.56
30.00
62°10'55"
S56°48'32"E
18.09
C17
32.56
30.00
62°10'55"
S61 °00'33"W
18.09
C18
32.56
30.00
62°10'55"
N56°48'32"W
18.09
C19
32.56
30.00
62°10'55"
N61 °00'33"E
18.09
LOT #2
PLACE OF
BEGINNING
LOT #1
PLACE OF
BEGINNING
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❑ SET Y
❑ FENCE POST FOUND FOR CORNER
3/8" IRON ROD FOUND
100D NAIL FOUND
(W.E.) WATER EASEMENT
( UNLESS OTHERWISE NOTED )
S 02007'03" W 1913.52'
953.28' -I� 936.24'-
10'x10'
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LOCATION MAP
SCALE: 1 "=3000'
GRAPHIC SCALE
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943.49'
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SURVEYOR:
BURNS SURVEY
7509 PENNRIDGE CIRCLE
ROWLETT, TEXAS 75088
(214) 326-1090
ATTN: BARRY S. RHODES
OWNER
PHELCO HOLDINGS, L.L.C.
410 INTERCHANGE STREET
McKINNEY TEXAS 75071
(214) 437-6830
ATTN: NICK PHELPS
OWNER
�O 00
A
Uj0 Q . 0
MINOR PLAT
ANNA INDUSTRIAL PARK
LOTS 1 & 2, BLOCK A
20.5 ACRES
BEING A MINOR PLAT OF LOTS 1 & 2, BLOCK A
SITUATED IN Guinn MORRISON SURVEY TRACT 11 ABSTRACT A0559
LOCATED AT 2438 FM FM 2862
CITY OF ANNA, COLLIN COUNTY, TEXAS
DATED: 4/6/2020
ANNA INDUSTRIAL, 18 L.L.0
410 INTERCHANGE STREET
McKINNEY TEXAS 75071
(214) 437-6830
ATTN: NICK PHELPS
Fnl(,INIFFI?�
SANCHEZ AND ASSOCIATES, LLC.
2000 N. McDONALD STREET, STE 100
McKINNEY, TEXAS 75069
(469) 424-5900
ATTN: CASEY GREGORY, PE
APPLICANT:
SANCHEZ AND ASSOCIATES, LLC.
2000 N. McDONALD STREET, STE 100
McKINNEY, TEXAS 75069
(469) 424-5900
ATTN: CASEY GREGORY, PE
SHEET 1 OF 2
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LEGAL DESCRIPTION
LOT J1
Being all that certain lot, tract or parcel of land situated in the Guinn Morrison survey, Abstract
No. 559, in Collin County, Texas and being the same land described in deed to Phelco Holdings
LLC., recorded in instrument No. 20180410000439260, Deed Records, Collin County, Texas
(D.R.C.C.T.) and being more particularly described as follows:
BEGINNING at a % inch iron rod found for corner in the South line of Farm to Market 2862, at
the Northeast corner of a tract of land described in deed to Adolfo Villareal, recorded in
Instrument No. 20140214000141710 (D.R.C.C.T.), and at the Northwest corner of said Phelco
Holdings tract;
THENCE North 88 deg. 50 min. 37 sec. East, with said Farm to Market 2862, a distance of
236.24 feet to a % inch iron rod found for corner at the Northwest corner of a tract of land
described in deed to Kimberly Joann Middlebrook, recorded in Instrument No. 2010012900093490
(D.R.C.C.T.)
THENCE South 02 deg. 06 min. 01 sec. West, passing a XZ inch rod for reference at a distance
of 466.52 feet, and continuing a total distance of 1904.87 feet to a % inch rod found for corner
in the North line of a tract of land described in deed to MJLA ADAM LTD., recorded in Instrument
No. 20110505000462590 (D.R.C.C.T.) at the Southwest corner of said Middlebrook tract;
THENCE North 88 deg. 47 min. 08 sec. West, with the North Line of said MJLA ADAM tract, a
distance of 235.97 feet to a % inch iron rod found for corner at the Southeast corner of a
tract of land described in deed to Jesus Maria Villareal, recorded in Instrument No.
20140210000124580 (D.R.C.C.T.);
THENCE North 02 deg. 06 min. 10. West, a distance of 448.21 feet to the PLACE OF BEGINNING
and containing 448,210 square feet or 10.29 acres of land.
LOT #2
Being all that certain lot, tract or parcel of land situated in the Guinn Morrison Survey, Abstract
No. 559, in Collin County, Texas and being the some land described in deed to Anna Industrial 18
L.L.C., recorded in Instrument No. 20200204000153960, Deed Records, Collin County, Texas
(D.R.C.C.T.) and being more particularly described as follows:
BEGINNING at a % inch iron rod found for corner in the South line of Farm to Market 2862, at
the Northeast corner of a tract of land described in deed to Phelco Holdings, LLC, a Texas
limited liability company, recorded in Instrument No. 20180410000439260 (D.R.C.C.T.) and at the
Northwest corner of said Middlebrook tract;
THENCE North 89 degrees 06 minutes 01 seconds East, with said Farm to Market 2862, a
distance of 234.16 feet to a 100d nail found for corner at the Northwest corner of a tract of
land described in deed to Jones Perkins Number 1, L.P., recorded in Volume 5595, page 4049
(D.R.C.C.T.);
THENCE South 02 degrees 07 minutes 03 seconds West, a distance of 1913.52 feet to a fence
post for corner in the North line of a tract of land described in deed to MJLA Adams, Ltd, a
Texas limited partnership, recorded in Instrument No. 20110505000462590 (D.R..C.C.T.), at the
Southwest corner of said Jones Perkins Number 1 tract;
THENCE South 88 degrees 47 minutes 08 seconds East, a distance of 233.29 feet to a % inch
iron rod found for corner in the said North line of MJLA Adams tract;
THENCE North 02 degrees 06 minutes 01 seconds East, with the East line of said Phelco Holdings
tract, passing a found X inch iron rod for reference at a distance of 1438.35 feet, and
continuing a total distance of 1904.87 feet to the PLACE OF BEGINNING and containing 445,885
square feet or 10.24 acres of land.
OWNER'S DEDICATION
ISTATE OF TEXASI
ICOUNTY OF COLLINJ
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT PHELCO HOLDING, L.L.C. & ANNA INDUSTRIAL 18 L.L.C. acting herein by and through it's duly authorized officers, does hereby adopt this plat
designating the hereinabove described property as ANNA INDUSTRIAL PARK, an addition to the City of Anna, Texas, and does hereby dedicate, in fee
simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and
public use area, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or
other improvements or growths shall be constructed or placed upon, over or across the easement as shown, except that landscape improvements
may be placed in landscape easements, if approved by the City of Anna. In addition, utility easements may also be used for the mutual use and
accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public
utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and
keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with
the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all
times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, reading meters, and adding to or removing all or part of their respective system without the necessity at any time of
procuring permission for anyone.
x i11Iy[4lelttwo] IA1l:Zi3�%L1
APPROVED ON THIS THE day of 20 . by the City Council, City of Anna, Texas
Mayor
City Secretary
Health Department Certification:
hereby certify that the on -site sewage facilities described on this plat conform to the applicable OSSF laws of the State of Texas,
that site evaluations have been submitted representing the site conditions in the area in which on -site sewage facilities are planned
to be used.
Registered Sanitarian or Designated Representative
Collin County Developments Services
Fire Lane Easement
That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a
hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures,
fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other
impediments to the access of fire apparatus. The maintenance of paving on fire lane easements in the responsibility of the owner, and the owner
shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly
authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for
Fire Department and emergency use.
Access Easement
The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to
other real property, and for the purpose of general public vehicular and pedestrian use and access, and for Fire Department and emergency use, in,
along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and
representatives having ingress, egress, and regress in, along, upon, and across said premises.
SURVEYOR:
BURNS SURVEY
7509 PENNRIDGE CIRCLE
ROWLETT, TEXAS 75088
(214) 326-1090
ATTN: BARRY S. RHODES
OWNER
PHELCO HOLDINGS, L.L.C.
410 INTERCHANGE STREET
McKINNEY TEXAS 75071
(214) 437-6830
ATTN: NICK PHELPS
SURVEYOR'S CERTIFICATE
I, Barry S. Rhodes, a Registered Professional Land Surveyor, licensed by the State
of Texas, affirm that this plat was prepared under my direct supervision, from
recorded documentation, evidence collected on the ground during field operations
and other reliable documentation; and that this plat substanttially complies with
the Rules and Regulations of the Texas Board of Professional Land Surveying.
Dated this the _____ day of ______9 2020.
---------------------
Barry S. Rhodes
Texas Registered Professional Land Surveyor No. 3691
STATE OF TEXASI
COUNTY OF COLLIN�
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on
this day personally appeared Brian J. Maddox, known to me to be the person's
name that is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of
2020.
Notary Public in and for the Sate of Texas
Notice: Selling a portion of this addition by metes
and bounds in a violation of the city Subdivision
Ordinance and State platting statues and is subject
to fines and withholding of utilities and building
certificates.
MINOR PLAT
ANNA INDUSTRIAL PARK
LOTS 1 & 2, BLOCK A
20.5 ACRES
BEING A MINOR PLAT OF LOTS 1 & 2, BLOCK A
SITUATED IN Guinn MORRISON SURVEY TRACT 11 ABSTRACT A0559
LOCATED AT 2438 FM FM 2862
CITY OF ANNA, COLLIN COUNTY, TEXAS
DATED: 4/6/2020
OWNER
ANNA INDUSTRIAL, 18 L.L.0
410 INTERCHANGE STREET
McKINNEY TEXAS 75071
(214) 437-6830
ATTN: NICK PHELPS
1=n1(,InIFl=1?�
SANCHEZ AND ASSOCIATES, LLC.
2000 N. McDONALD STREET, STE 100
McKINNEY, TEXAS 75069
(469) 424-5900
ATTN: CASEY GREGORY, PE
APPLICANT:
SANCHEZ AND ASSOCIATES, L.L.C.
2000 N. McDONALD STREET, STE 100
McKINNEY, TEXAS 75069
(469) 424-5900
ATTN: CASEY GREGORY, PE
SHEET 2 OF 2
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THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Consider/Discuss/Action regarding approval of an ordinance extending the declaration of disaster
and public health emergency. (City Manager Jim Proce)
SUMMARY:
On Tuesday, March 17, 2020, the Mayor signed a declaration of disaster and public health
emergency in response to the COVI D-19 pandemic. The signed declaration was effective for
seven days. At this time, the declaration would need to be extended should the Council wish to
keep it in place beyond April, 30, 2020. Previously, the declaration has subsequently been
extended on March 24, March 26, and April 14, 2020, respectively and attached herein.
STAFF RECOMMENDATION:
Staff recommends that the declaration of disaster and public health emergency be maintained in
alignment with pending State executive orders once published, which are the time of publishing of
this agenda were not available. Should the Council wish to extend the declaration further, it can be
done at this upcoming meeting.
ATTACHMENTS:
Description
Original Declaration March 17
Declaration March 24
Declaration March 26
Declaration April 14
Upload Date
Type
3/22/2020
Exhibit
4/24/2020
Exhibit
4/24/2020
Exhibit
4/24/2020
Exhibit
DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY
WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan
City, Hubei Province, China. Symptoms of COVID-19 include fever, cough, and shortness of breath.
Outcomes have ranged from mild to severe illness, and in some cases death; and
WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak
of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to
prepare for the containment, detection, Isolation and case management, contact tracing and prevention
of onward spread of the disease; and
WHEREAS, United States nationals were transported from Wuhan City, China to several secure locations
within the United States identified by the Centers for Disease Control and Prevention (CDC), including
military bases in Texas, in order to ensure the health and wellbeing of those persons; and
WHEREAS, on February 7, 2020, 91 Americans evacuated from Wuhan City, China (Cohort 1) arrived at
Texas military bases, with one person diagnosed with the virus and transported to a Texas hospital; and
WHEREAS, on February 17, 2020, the Centers for Disease Control evacuated 144 passengers from a
cruise ship docked in Japan (Cohort 2) to a Texas military base; and
WHEREAS, on February 20, 2020, 90 evacuees from Cohort 1 were released from quarantine and
returned to their homes; and
WHEREAS, persons in Cohort 2 that have not exhibited symptoms or have tested negative for the virus
were originally set to be released from quarantine at a Texas military base on March 2, 2020; and
WHEREAS, as of March 2, 2020 ten (10) persons evacuated to a Texas military hospitals have tested
positive for the virus and it is anticipated that the number of persons diagnosed with the virus Is likely to
increase, as testing for the virus continues; and
WHEREAS, on Saturday, February 29, 2020, one of the persons in Cohort 1 who had tested positive for
COVID-19 and subsequently tested negative on two tests was released from quarantine in Texas.
However, this person tested positive for the virus on a third test, with results coming in after her
release. This person visited a San Antonio mall, ate at its food court, and spent a few hours among other
persons, potentially exposing the public to the virus; and
WHEREAS, the person has been returned to quarantine at a Texas military base near San Antonio while
the CDC and local health authorities are taking steps to ensure the community is kept safe and the
exposure risk is minimized; and
WHEREAS, the identification of "community spread" cases of COVID-19 in the United States has
occurred and the virus is no longer limited to travel to China, or contact with travelers who have visited
China; and
WHEREAS, the World Health Organization has declared the coronavirus a pandemic and urged
aggressive action from all countries to fight it; and
WHEREAS, as of March 13, 2020, Collin County reports that there are five (5) confirmed positive cases of
COVID-19 in Collin County at this time and there are 63 persons under monitoring in Collin County; and
DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY PAGE 1
WHEREAS, as of March 13, 2020, Dallas County, the most populous County bordering Collin County,
reports that there are eight (8) confirmed positive cases of COVID-19 in Dallas County; and
WHEREAS, as of March 13, 2020, Dallas County declared a state of local emergency due to the COVID-19
pandemic; and
WHEREAS, as of March 13, 2020, Governor Greg Abbott declared a state of disaster for Texas over the
coronavirus pandemic; and
WHEREAS, pursuant to the Texas Disaster Act of 1975, the mayor is designated as the emergency
management director of the City of Anna, and may exercise the powers granted to the governor on an
appropriate local scale; and
WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the
possibility of exposure to disease, control the risk, promote health, compel persons to undergo
additional health measures that prevent or control the spread of disease, including isolation,
surveillance, quarantine, or placement of persons under public health observation, including the
provision of temporary housing or emergency shelters for persons misplaced or evacuated and request
assistance from the governor of state resources; and
WHEREAS, by this Declaration of Disaster and Public Health Emergency, I declare all rules and
regulations that may inhibit or prevent prompt response to this threat suspended for the duration of the
incident; and
WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act of 1975, 1
authorize the use of all available resources of state government and political subdivisions to assist in the
City's response to this situation; and
WHEREAS, I, Nate Pike, the Mayor of the City of Anna, Texas, have determined that extraordinary and
immediate measures must be taken to respond quickly, prevent and alleviate the suffering of people
exposed to and those infected with the virus, as well as those that could potentially be infected or
impacted by COVID-19;
NOW, THEREFORE, BE IT DECLARED BY THE CITY OF ANNA, TEXAS:
1. That a local state of disaster and public health emergency is hereby declared for the City of Anna
pursuant to §418.108(a) of the Texas Government Code.
2. Pursuant to §418.108(b) of the Government Code, the state of disaster and public health
emergency shall continue for a period of not more than seven days from the date of this declaration
unless continued or renewed by the City Council.
3. Pursuant to §418.108(c) of the Government Code, this declaration of a local state of disaster and
public health emergency shall be given prompt and general publicity and shall be filed promptly with the
City Clerk.
4. Pursuant to §418.108(d) of the Government Code, this declaration of a local state of disaster
and public health emergency activates the City of Anna's emergency management plan.
DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY PAGE 2
Pursuant to §418.020(d) of the Government Code, this declaration authorizes the City to
commandeer or use any private property, temporarily acquire, by lease or other means, sites required
for temporary housing units or emergency shelters for evacuees, subject to compensation
requirements.
Pursuant to §122.006 of the Health and Safety Code, this declaration authorizes the City to take
any actions necessary to promote health and suppress disease, including quarantine, examining and
regulating hospitals, regulating ingress and egress from the City, and fining those who do not comply
with the City's rules.
Pursuant to the statutory authority cited above, I, Mayor Nate Pike, declare that ingress into and
travel through the City of Anna from any persons that have been quarantined in a facility for treatment
of COVID-19 is not permitted without the written permission of the mayor. No previously quarantined
person shall be permitted to enter the City of Anna until further notice.
8. This Declaration shall take effect immediately from and after its issuance.
DECLARED AND ORDERED this 17" day of March 2020.
1111,t- f/:�
Mayor Nate Pike
City of Anna, Texas
DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY PAGE 3
CITY OF ANNA, TEXAS
ORDINANCE NO. 9 q �—,VO9-0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS EXTENDING
COVED-19 DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY;
PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan
City, Hubei Province, China. Symptoms of COVID-19 include fever, cough, and shortness of breath.
Outcomes have ranged from mild to severe illness, and in some cases death; and
WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak
of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to
prepare for the containment, detection, isolation and case management, contact tracing and prevention of
onward spread of the disease; and
WHEREAS, United States nationals were transported from Wuhan City, China to several secure
locations within the United States identified by the Centers for Disease Control and Prevention (CDC),
including military bases in Texas, in order to ensure the health and wellbeing of those persons; and
WHEREAS, on February 7, 2020, 91 Americans evacuated from Wuhan City, China (Cohort 1) arrived
at Texas military bases, with one person diagnosed with the virus and transported to a Texas hospital; and
WHEREAS, on February 17, 2020, the Centers for Disease Control evacuated 144 passengers from a
cruise ship docked in Japan (Cohort 2) to a Texas military base; and
WHEREAS, on February 20, 2020, 90 evacuees from Cohort 1 were released from quarantine and
returned to their homes; and
WHEREAS, persons in Cohort 2 that have not exhibited symptoms or have tested negative for the virus
were originally set to be released from quarantine at a Texas military base on March 2, 2020; and
WHEREAS, as of March 2, 2020 ten (10) persons evacuated to a Texas military hospitals have tested
positive for the virus and it is anticipated that the number of persons diagnosed with the virus Is likely to
increase, as testing for the virus continues; and
WHEREAS, on Saturday, February 29, 2020, one of the persons in Cohort 1 who had tested positive for
COVID-19 and subsequently tested negative on two tests was released from quarantine in Texas.
However, this person tested positive for the virus on a third test, with results coming in after her release.
This person visited a San Antonio mall, ate at its food court, and spent a few hours among other persons,
potentially exposing the public to the virus; and
WHEREAS, the person has been returned to quarantine at a Texas military base near San Antonio while
the CDC and local health authorities are taking steps to ensure the community is kept safe and the
exposure risk is minimized; and
EXTENSION OF DECLARATION OF DISASTER - Page 1 of 5
ORD. NO. `fie - --, � --) 0
WHEREAS, the identification of "community spread" cases of COVID-19 in the United States has
occurred and the virus is no longer limited to travel to China, or contact with travelers who have visited
China; and
WHEREAS, the World Health Organization has declared the coronavirus a pandemic and urged
aggressive action from all countries to fight it; and
WHEREAS, as of March 13, 2020, United States President Donald Trump declared a national
emergency concerning the COVID-19 outbreak; and
WHEREAS, as of March 13, 2020, Governor Greg Abbott declared a state of disaster for Texas over the
coronavirus pandemic; and
WHEREAS, as of March 13, 2020, Dallas County declared a state of local emergency due to the
COVID-19 pandemic; and
WHEREAS, as of March 16, 2020, County Judge Chris Hill issued a disaster declaration for Collin
County, Texas; and
WHEREAS, as of March 18, 2020, the City has reported its first confirmed case positive case of
COVID-19 infecting a 54-year-old man; and
WHEREAS, pursuant to the Texas Disaster Act of 1975, the mayor is designated as the emergency
management director of the City of Anna, and may exercise the powers granted to the governor on an
appropriate local scale; and
WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the
possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional
health measures that prevent or control the spread of disease, including isolation, surveillance, quarantine,
or placement of persons under public health observation, including the provision of temporary housing or
emergency shelters for persons misplaced or evacuated and request assistance from the governor of state
resources; and
WHEREAS, by a Declaration of Disaster and Public Health Emergency, the Mayor may declare all rules
and regulations that may inhibit or prevent prompt response to this threat suspended for the duration of
the incident; and
WHEREAS, pursuant to the authority granted under the Texas Disaster Act of 1975, the Mayor
authorized the use of all available resources of state government and political subdivisions to assist in the
City's response to this situation; and
WHEREAS, on the 171 day of March, 2020, the Mayor determined that extraordinary and immediate
measures must be taken to respond quickly, prevent and alleviate the suffering of people exposed to and
those infected with the virus, as well as those that could potentially be infected or impacted by COVID-
19, and issued a proclamation declaring a disaster for the City of Anna;
WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist, and the time
at which they may abate cannot be predicted at this time; and
EXTENSION OF DECLARATION OF DISASTER - Page 2 of 5
ORD. NO. 948 2Q
WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster may not
be continued for a period of excess of seven days without the consent of the governing body of the
political subdivision; and
WHEREAS, the City Council of Anna has investigated and determined that good governance of the
municipality and the protection of the public health, safety, and welfare necessitates the continuation and
renewal of the Mayor's declaration of a local state of disaster;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA:
l . Pursuant to §418.108(a)-(b) of the Texas Government Code, the local state of disaster proclaimed
for the City of Anna by the Mayor on the 17' day of March 2020 ("Declaration") shall continue
until terminated by order of the City Council.
2. Pursuant to §418.108(c) of the Government Code, the continuation of the Declaration of a local
state of disaster and public health emergency shall be given prompt and general publicity and
shall be filed promptly with the City Secretary.
3. Pursuant to §418.108(d) of the Government Code, the Declaration of a local state of disaster and
public health emergency activates the City of Anna's emergency management plan.
4. Pursuant to §418.020(d) of the Government Code, the Declaration authorizes the City to
commandeer or use any private property, temporarily acquire, by lease or other means, sites
required for temporary housing units or emergency shelters for evacuees, subject to compensation
requirements.
5. Pursuant to § 122.006 of the Health and Safety Code, the Declaration authorizes the City to take
any actions necessary to promote health and suppress disease, including quarantine, examining
and regulating hospitals, regulating ingress and egress from the City, and fining those who do not
comply with the City's rules.
6. Pursuant to the statutory authority cited above, the City Council declares that ingress into and
travel through the City of Anna from any persons that have been quarantined in a facility for
treatment of COVID-19 is not permitted without the written permission of the Mayor. No
previously quarantined person shall be permitted to enter the City of Anna until further notice.
Any persons in the City confirmed to be infected with the COVID-19 virus must be treated in a
medical facility or self -quarantine in their home. The household members of any such infected
persons who have been exposed to the infected person must self -quarantine in their home.
7. Consistent with guidance from Collin County and the Centers for Disease Control and
Prevention, this declaration hereby limits the size of gatherings to not more than 10 people, and
no such gatherings shall be held in any area subject to regulation by the City of Anna until further
notice. A "gathering" refers generally to a scheduled event or common endeavor where more than
10 persons are present in a confined space or area.
8. The Mayor may take additional appropriate and legal actions and/or delegate to City officers
authority to take appropriate and legal actions to protect the public health and safety in response
to the COVID-19 virus pandemic including but not limited to:
a. closing or restricting access to city facilities;
b. revising occupant load numbers for city public facilities;
EXTENSION OF DECLARATION OF DISASTER - Page 3 of 5
ORD. NO. a4g' a64
c. revising, suspending or deferring fees;
d. amending the personnel policies and procedures with regard to leave provisions for
quarantined/diagnosed staff, and other personnel matters;
e. rescheduling or reducing City Council and other public meetings; and
f, suspending or modifying any City -adopted rules or regulations.
9. The Governor of the State of Texas has issued executive orders including the following, which
are incorporated herein by reference as mandatory provisions:
a. Order No. 1: In accordance with the Guidelines from the President and the CDC, every
person in Texas shall avoid social gatherings in groups of more than 10 people.
b. Order No. 2: In accordance with the Guidelines from the President and the CDC, people
shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms or
massage parlors; provided, however, that the use of drive-thru, pickup, or delivery
options is allowed and highly encouraged throughout the limited duration of this
executive order.
c. Order No. 3: In accordance with the Guidelines from the President and the CDC, people
shall not visit nursing homes or retirement or long-term care facilities unless to provide
critical assistance.
d. Order No. 4: In accordance with the Guidelines from the President and the CDC, schools
shall temporarily close.
10. In the event that the Governor of the State of Texas, the Collin County Judge, the Collin County
Commissioners Court, or the Collin County Health Authority (collectively, "Ordering Authority")
issues or promulgates any additional proclamations, executive orders, or other orders or measures
regarding the novel coronavirus (COVID-19) or matters relating thereto (collectively "COVID-19
Orders"), those COVID-19 Orders shall be deemed to have been approved and adopted by the
City Council as if set forth verbatim herein and shall respectively take effect and be enforceable
as of the effective dates and/or times established by any such Ordering Authority and the City
may enforce such COVID-19 Orders through any and all lawful means.
11. This ordinance is passed as an emergency measure and this declaration of disaster and public
health emergency shall expire and cease as of April 14, 2020 at midnight unless extended further
by the City Council; provided, however, that if the declaration of disaster of the Governor of the
State of Texas regarding the COVID-19 outbreak expires before April, 14, 2020 at midnight then
this ordinance and declaration shall expire simultaneously with the Governor's declaration.
12. Penalty. Any person violating any of the provisions or terms of this ordinance shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed the sum
of $1,000.00 or a lesser amount if limited by state law for each offense, and each and every day
such violation shall continue be deemed to constitute a separate offense. Allegation and evidence
of a culpable mental state is not required for proof of any offense defined by this ordinance.
13. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the
provisions of this ordinance are repealed to the extent of that conflict. Cross-references in other
parts, articles or sections of the Anna Code which make reference to previous enactments
carrying the same designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and effect of
the cross-reference. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. The City declares
EXTENSION OF DECLARATION OF DISASTER - Page 4 of 5
ORD. NO. 9
that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases
be declared unconstitutional or invalid.
14. Publication. This emergency ordinance shall be in full force and effect immediately, and the City
Secretary is hereby directed to publish the caption hereof.
APPROVED AND ADOPTED BY THE CITY OF ANNA, TEXAS, this 24' y of arch 2020.
\`,�,11t1141111IN/j��`'i
Nate Pike, Mayor
ATTEST:
LAAz"t'i;
Carrie L. Land, City Secretary
EXTENSION OF DECLARATION OF DISASTER - Page 5 of 5
ORD. NO. V- J09D
CITY OF ANNA, TEXAS
ORDINANCE NO.850-2020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS SUPPLEMENTING
ORDINANCE NO. 848-2020 THAT EXTENDED THE COVED-19 DECLARATION OF DISASTER
AND PUBLIC HEALTH EMERGENCY; PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated COVID-
19, has spread through the world and has now been declared a globalpandemic by the World Health
Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath
and, in some cases, the virus has caused death; and
WHEREAS, prudence dictates that extraordinary measures must be taken to contain
COVID-19 and prevent its spread throughout the City of Anna, including the quarantine of
individuals, groups of individuals and occupied structures and, additionally, including compelling
individuals, groups of individuals, or occupied structures toundergo additional health measures
that prevent or control the spread of the virus; and
WHEREAS, Governor Abbott and Collin County have declared a local disaster due to
public health emergency; and
WHEREAS, on March 17, 2020 the Mayor of Anna issued a Declaration of Disaster and
Public Health Emergency; and
WHEREAS, thereafter the City Council has been evaluating the health and safety aspects
of placing limitations on patron occupancies in restaurants and bars in the City of Anna to help
insure that COVID-19 is contained; and
WHEREAS, on March 24, 2020 Collin County Judge Chris Hill issued his Order regarding
COVID-19 to protect the citizens of Collin County; and
WHEREAS, on March 24, 2020 the Anna City Council convened and adopted Ordinance
No. 848-2020 extending the COVID-19 Declaration of Disaster and Public Health Emergency;
and.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 1
WHEREAS, since March 24, 2020 there have been additional confirmed cases of COVID-
19 resulting from community spread; and
WHEREAS, the City Council desires to adopt this ordinance to supplement Ordinance No.
848-2020 to include additional measures to attempt to slow said community spread;.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. A local state of disaster due to public health emergency has been declared
for the City of Anna, Texas, pursuant to section 418.108(a) of the Texas Government Code. This
ordinance supplements Ordinance No. 848-2020; provided, however, that in the event of any
conflict between the provisions of this ordinance and Ordinance No. 848-2020 the provisions of
this ordinance shall govern.
SECTION 2. Pursuant to section 418.108(b) of the Texas Government Code, the state of
disaster due to public health emergency shall continue until midnight on April 14, 2020 unless
sooner terminated by the Mayor or City Council of the City of Anna, Texas.
SECTION 3. Pursuant to section 418.108(c) of the Texas Government Code, this
supplement to the declaration of a local state of disaster due to public health emergency shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
SECTION 4. Pursuant to section 418.108(d) of the Government Code, during this
declaration of disaster the City of Anna's Emergency Management Plan remains activated.
Pursuant to 418.108(f) and 418.108(g) the Mayor may: (1) order the evacuation of all or part of
the population from a stricken or threatened area under the jurisdiction and authority of the City if
the Mayor considers the action necessary for the preservation of life or other disaster mitigation,
response, or recovery; and (2) the Mayor may control ingress to and egress from a disaster area
under the jurisdiction and authority of the City and control the movement of persons and the
occupancy of premises in that area.
SECTION 5. This declaration authorizes the City to take any actions necessary to promote
health and suppress the COVID-19 virus, including the quarantine of persons and occupied
structures, examining and regulating hospitals or clinics, regulating ingress and egress from the
City, regulating ingress and egress to occupied structures, and insuring compliance for those who
do not comply with the City's rules, pursuant to section 122.006 of the Health and Safety Code.
SECTION 6. The City Council of the City of Anna, the Anna Planning and Zoning
Commission, the Anna Community Development Corporation board of directors, and the Anna
Economic Development Corporation board of directors and their essential and necessary attendees
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 2
shall be exempt from this Declaration for scheduled public meetings, whether a regular, work
session, special or emergency meeting. The stated exempt entities shall use best efforts to provide
adequate social distancing for members and attendees during any scheduled meetings, including
their closed sessions. Whenever possible, teleconferencing shall be utilized for meetings held
under this Section and the frequency of meeting may be reduced when feasible.
SECTION 7. Beginning March 26, 2020 at midnight and ending April 14, 2020 at
midnight unless terminated sooner by the Mayor or the City Council:
(1) All individuals currently living within Anna are ordered to shelter at their
place of residence. For the purposes of this ordinance, residences include hotels, motels,
shared rentals, and similar facilities. To the extent individuals are using shared or outdoor
spaces, they must at all times as reasonably as possible maintain social distancing of at
least six feet from any other person when theyare outside their residence. All persons may
leave their residences only for Essential Activities, or to provide or perform Essential
Governmental Functions, or to operate Essential Businesses, all as defined herein.
(2) All businesses operating within Anna, except Essential Businesses as
defined in below in this Section 7, are required to cease all activities at facilities located
within Anna. For clarity, businesses may continue operations consisting exclusively of
employees or contractors performing activities at their own residences (i.e. working
from home). To the greatest extent possible, all Essential Businesses shall comply with
the Social Distancing Guidelines attached, including maintaining six-foot social
distancing for both employees and the general public.
(3) All public or private gatherings of any number of people occurring
outside a single household or living unit are prohibited, except as otherwise provided
herein. Nothing in this Declaration prohibits the gathering of members of a household or
living unit.
(4) Restaurants with or without drive-in or drive -through services and
microbreweries, micro -distilleries, or wineries may only provide take out, delivery, or
drive -through services as allowed by law.
A. Definitions:
(1) For purposes of this Declaration, individuals may leave their residence
only to perform any of the following "Essential Activities":
a. To engage in activities or perform tasks essential to their health
and safety, or to the health and safety of their family or household
members (for example, obtaining medical supplies or medication
or visiting a health care professional).
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 3
b. To obtain necessary services or supplies for themselves and their
family or household members, or to deliver those services or
supplies to others (for example, food, pet supply, and any other
household consumer products, andproducts necessary to maintain
the safety, sanitation, and essential operation of residences.
C. To engage in outdoor activities, provided the individuals comply
with social distancing requirements of six feet (for example,
walking, biking, hiking, running, and other exercise activities).
Children shall not use playground equipment or any other public
recreational structures.
d. To perform work providing essential products and services at an
Essential Business or to otherwise carry out activities specifically
permitted in this Order.
e. To care for a family member or pet in another household.
(2) For purposes of this Declaration, "Essential Businesses" means:
a. Essential Healthcare Operations. Healthcare operations,
including hospitals, clinics, dentists, pharmacies, pharmaceutical
and biotechnology companies, other healthcare facilities, healthcare
suppliers, mental health providers, substance abuse service
providers, blood banks, medical research, laboratory services, or any
related and/or ancillary healthcare services. Home -based and
residential- based care for seniors, adults, or children are also
considered healthcare operations. Healthcare operations also
includes veterinary care and all health and welfare services provided
to animals. This exemption shall be viewed broadly to avoid any
impacts to the delivery of healthcare. Healthcare operations do not
include fitness and exercise gyms and similar facilities.
b. Essential Government Functions. All services provided by local
governments needed to ensure the continuing operation of the
government agencies to provide for the health, safety and welfare of
the public. Further, nothing in this order shall prohibit any individual
from performing or accessing "Essential Government Functions."
All Essential Government Functions shall be performed in
compliance with social distancing requirements of six feet, to the
extent possible. Essential government functions include but are not
limited to the conducting of elections for candidates for office or for
measures.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 4
C. Essential Critical Infrastructure. Work necessary to the
operations and maintenance of the 16 critical infrastructure sectors
as identified by the National Cybersecurity and Infrastructure
Agency (CISA) including public works construction, residential and
commercial construction, airport operations, water, sewer, gas,
electrical, oil refining, roads and highways, public transportation,
solid waste collection and removal, internet, and
telecommunications systems (including the provision of essential
global, national, and local infrastructure for computing services,
business infrastructure, communications, and web -based services),
financial institutions, defense and national security -related
operations, elimination of hazardous materials, essential
manufacturing operations provided that they carry out those services
or that work in compliance with social distancing requirements of
six feet, to the extent possible. Essential Businesses providing
essential infrastructure should implement screening precautions to
protect employees and all activity shall be performed in compliance
with social distancing guidelines attached.
d. Essential Retail. Food service providers, including grocery stores,
warehouse stores, bodegas, liquor stores, gas stations and
convenience stores, farmers' markets that sell food products and
household staples. Food cultivation, including farming, fishing, and
livestock. Businesses thatship or deliver groceries, food, goods or
services directly to residences. Restaurants and other facilities that
prepare and serve food, but only for delivery or carry out. Schools
and other entities that typically provide free services to students or
members of the public on a pick-up and take -away basis only. The
restriction of delivery or carry out does not apply to cafes and
restaurants located within hospital and medical facilities.
Laundromats, dry cleaners, and laundry service providers. Gas
stations, auto -supply, auto, bicycle repair and essential business
equipment suppliers, hardware stores, and related facilities.
Businesses that supply products needed for people to work from
home.
e. Providers of Basic Necessities to Economically Disadvantaged
Populations. Businesses that provide food, shelter, and social
services, and other necessities of life for economically
disadvantaged or otherwise needy individuals.
f. Essential Services Necessary to Maintain Essential Qperations
of Residences or Other Essential Businesses. Trash and recycling
collection, processing and disposal, mail and shipping services,
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 5
building cleaning, maintenance and security, warehouse/distribution
and fulfillment, storage for essential businesses, funeral homes,
crematoriums and cemeteries. Plumbers, electricians, exterminators,
and other service providers who provide services that are necessary
to maintaining the safety, sanitation, and essential operations of
residences and Essential Businesses. Professional services, such as
legal or accounting services, when necessary to assist in compliance
with legally mandated activities. Businesses that supply other
essential businesses with support or supplies needed to operate.
g. News Media. Newspapers, television, radio, and other media
services.
h. Childcare Services. Childcare facilities providing services that
enable employees exempted in this Declaration to work as
permitted.
i. All Business Open to the Public. Essential Businesses shall post
entry signage instructing patrons of the need to limit patron
visits to necessary purchases only and to maintain social
distancing. Essential Businesses shall provide a sanitation
station as a required first stop for patron entering the business
or require persons entering the building to wash their hands.
(3) Any manufacturer who retools so that a substantial part of their business is
for the purpose of manufacturing and producing ventilators may apply for an "essential
business" exemption under this Declaration and the Mayor shall decide whether to grant
of deny such exemption.
(4) Grocery stores, supermarkets, warehouse stores, hospitals, and medical
facilities are experiencing high levels of demand for a large number of products, requiring
more deliveries from manufacturers and distribution centers to serve their customers. Due
to the need to deliver products as quickly and efficiently as possible during this critical
timeframe, this Declaration hereby suspends all delivery hour restrictions for transport to
or from any entity involved in the selling or distribution of food products, medicine, or
medical supplies in Anna during the disaster declaration.
(5) If someone in a household has tested positive for coronavirus, the household
is ordered to isolate at home. Members of the household cannot go to work, school, or any
other community function.
(6) Nursing homes, retirement, and long-term care facilities are instructed by
this order to prohibit non -essential visitors from accessing their facilities unless to provide
critical assistance or for end -of -life visitation.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 6
(7) Public and private schools and institutions of higher education are instructed
by this Declaration to provide a safety plan to the appropriate Office of Homeland Security
and Emergency Management 72 hours before students return to a classroom setting.
(8) Additionally, this Declaration instructs all employees to remain at home if
sick.
(9) The owner, manager, or operator of any facility that is likely to be impacted
by this Declaration is strongly encouraged to post a copy of this Declaration onsite and to
provide a copy to any member of the public asking for copy. If any subsection, sentence,
clause, phrase, or word of this Declaration or any application of it to any person, structure,
gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court
of competent jurisdiction, then such decision will not affect the validity of the remaining
portions or applications of this Declaration.
(10) No resident of Anna may enter any building at any truck stop/travel center
located on or near U.S. Highway 75 unless the resident is an employee of the truck
stop/travel center or is a truck driver and has an essential need to enter such buildings. For
the purposes of this ordinance a truck driver is a person who earns a living as the driver of
a truck (usually a semi truck, box truck or dump truck).
SECTION 8. The following are approved Social Distancing Recommendations:
(1) Vulnerable Populations: Limit Outings
a. Vulnerable populations include people who are:
1. 60 years old and older.
2. People with certain health conditions such as heart
disease, lung disease, diabetes, kidney disease and
weakened immune systems.
b. For vulnerable populations, don't go to gatherings unless it is
essential. Stay home. Avoid people who are sick.
(2) Workplace and Businesses: Minimize Exposure
a. Suspend nonessential employee travel.
b. Ensure employees practice social distancing and do not work
within six feet of one another.
C. Urge essential employees to stay home when they are sick and
maximize flexibility in sick leave benefits.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 7
d. Do not require a doctor's note for employees who are sick.
e. Maximize telecommuting options.
f. Persons who need to be at work to provide essential services of
great benefit to the community must take steps in their workplace
to minimize risk.
(3) Cancel Non -essential Events
a. Cancel non -essential events.
b. Do not attend any essential or non -essential events or
gatherings, if sick.
C. For events that meet the Recommendations herein and which
aren't cancelled, we recommend:
1. Having hand washing capabilities, hand sanitizers and
tissues available.
2. Frequently cleaning high touch surface areas like
counter tops and handrails.
3. Finding ways to implement social distancing.
(4) Schools: Safety First
a. Do not have your child attend school if sick.
b. If you have a child with chronic health conditions, consult the
child's doctor about school attendance.
C. Schools should equip all classrooms with hand sanitizers and
tissues.
d. Recommend rescheduling or cancelling events that are not
essential.
e. Explore remote teaching and online options to continue
learning.
f. Schools should develop a plan for citywide school closures, and
families should prepare for further closures.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 8
(5) Transit: Cleaning and Protection
a. Increase cleaning of vehicles and high touch surface areas.
b. Provide hand washing/hand sanitizers and tissues in stations and on
vehicles.
C. Ensure social distancing practices are implemented to the full
extent possible.
(6) Health Care Settings: Avoid as possible, protect the vulnerable
a. Long-term care facilities should have a COVID-19 plan in
accordance with CDC or state guidelines.
b. Long-term care facilities should restrict all visitation except for
certain compassionate care situations, such as end of life
situations.
C. The general public should avoid going to medical settings such
as hospitals, nursing homes and long-term care facilities, even
if you are not ill.
d. If you are ill, call your health care provider ahead of time, and
you may be able to be served by phone.
e. Do not visit emergency rooms unless it is essential.
f. Follow guidance and directions of all facilities.
(7) Everyone: Do your part
The best way for all Anna residents to reduce their risk of getting sick, as with
seasonal colds or the flu, still applies to prevent COVID-19:
a. Wash hands with soap and water for at least 20 seconds.
b. Cough or sneeze into your elbow or a tissue. Throw the
tissue in the trash.
C. Stay home if you are sick.
d. Avoid touching your face.
e. Try alternatives to shaking hands, like an elbow bump or
wave.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 9
f. If you have recently returned from a country, state or region with
ongoing COVID-19 infections, monitor your health and follow
the instructions of public health officials and CDC guidance.
g. There is no recommendation to wear masks at this time to
prevent yourself from getting sick.
You can also prepare for the disruption caused by an outbreak.
Preparedness actions include:
a. Prepare to work from home if that is possible for your job, and
your employer.
b. Make sure you have a supply of all essential medications for your
family.
C. Prepare a childcare plan if you or a caregiver are sick.
d. Make arrangements about how your family will manage
school closures.
e. Plan for how you can care for a sick family member without
getting sick yourself.
f. Take care of each other and check in by phone with friends, family
and neighbors that are vulnerable to serious illness or death if they
get COVID-19.
g. Keep common spaces clean to help maintain a healthy
environment for you and others. Frequently touched surfaces
should be cleaned regularly with disinfecting sprays, wipes
or common household cleaning products.
SECTION 9. This Declaration hereby incorporates and enacts the following regulations
from the Governor's Executive Order No. GA-08 regarding the conduct of persons/people and
schools:
Every person shall avoid social gatherings of more than 10 people.
2. People shall avoid eating or drinking at bars, restaurants, and food courts, or visiting
gyms or massage parlors; provided, however, that the use of drive-thru, pickup, or
delivery options is allowed and highly encouraged.
People shall not visit nursing homes or retirement or long-term care facilities unless
to provide critical assistance.
4. Schools shall temporarily close.
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 10
SECTION 10. This Declaration hereby incorporates Collin County Judge Chris Hill's
Order of March 24, 2020 and finds it consistent herewith in all respects.
SECTION 11. This declaration hereby authorizes the use of all lawfully available
enforcement tools.
SECTION 12. Any person, firm or corporation violating any of the provisions of this
Declaration commits an offense, punishable by a fine up to $1000.00, and each and every day
such violation shall continue shall be deemed to constitute a separate offense.
SECTION 13. This ordinance shall take effect in accordance with Section 7 above.
SECTION 14. All questions of interpretation of definitions and provisions of this
ordinance shall be decided by the Mayor unless overruled by a majority of the City Council.
APPROVED, DECLARED AND ORDERED this 26th day of G, 202
O F
ATTEST: A��,����':
Carrie L. Land, City Secretary * °•
TEX
Nate Pike, Mayor
CITY OF ANNA, TEXAS ORD. NO.850-2020 PAGE 11
CITY OF ANNA, TEXAS
ORDINANCE NO. 0�1 to
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING
ORDINANCE NO. 850-2020 AND EXTENDING THE COVID49 DECLARATION OF DISASTER
AND PUBLIC HEALTH EMERGENCY; PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated COVID-
19, has spread through the world and has now been declared a globalpandemic by the World Health
Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath
and, in some cases, the virus has caused death; and
WHEREAS, prudence dictates that extraordinary measures must be taken to contain
COVID-19 and prevent its spread throughout the City of Anna, including the quarantine of
individuals, groups of individuals and occupied structures and, additionally, including compelling
individuals, groups of individuals, or occupied structures to undergo additional health measures
that prevent or control the spread of the virus; and
WHEREAS, Governor Abbott and Collin County have declared a local disaster due to
public health emergency; and
WHEREAS, on March 17, 2020 the Mayor of Anna issued a Declaration of Disaster and
Public Health Emergency; and
WHEREAS, thereafter the City Council has been evaluating the health and safety aspects
of placing limitations on patron occupancies in restaurants and bars in the City of Anna to help
insure that COVID-19 is contained; and
WHEREAS, on March 24, 2020 Collin County Judge Chris Hill issued his Order regarding
COVID-19 to protect the citizens of Collin County; and
WHEREAS, on March 24, 2020 the Anna City Council convened and adopted Ordinance
No. 848-2020 extending the COVID-19 Declaration of Disaster and Public Health Emergency;
and
CITY OF ANNA, TEXAS ORD. NO. �rj" oL PAGE I
WHEREAS, on March 26, 2020 the Anna City Council convened an emergency meeting
and adopted Ordinance No. 850-2020 further extending and supplementing the COVID-19
Declaration of Disaster and Public Health Emergency; and.
WHEREAS, since March 26, 2020 there have been additional confirmed cases of COVID-
19 in the City of Anna and Collin County resulting from community spread; and
WHEREAS, on March 31, 2020 Texas Governor Greg Abbot issued Executive Order No.
3A-14 relating to statewide continuity of essential services and activities during the COVID-19
disaster; and
WHEREAS, the City Council desires to adopt this ordinance to incorporate Ordinance No.
850-2020 and extend the COVID-19 Declaration of Disaster and Public Health Emergency as set
forth in Section 2 of this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. A local state of disaster due to public health emergency has been declared
for the City of Anna, Texas, pursuant to section 418.108(a) of the Texas Government Code. This
ordinance incorporates Ordinance No. 850-2020; provided, however, that in the event of any
conflict between the provisions of this ordinance and Ordinance No. 850-2020 the provisions of
this ordinance shall govern. Notwithstanding the foregoing or any other provisions of this
ordinance, this ordinance is intended to comply and be consistent with the Governor of the State
A Texas Executive Order No. GA-14, as same may be amended or modified (the "Governor's
Order") and this ordinance shall not be enforced to the extent it is inconsistent with the Governor's
Order.
SECTION 2. Pursuant to section 418.108(b) of the Texas Government Code, the City's
COVID-19 Declaration of Disaster and Public Health Emergency and this ordinance shall remain
in full force and effect until the Governor's Order and the statewide declaration of disaster expires
or is lifted at which time this ordinance and the City's declaration of disaster and public health
emergency shall be deemed to expire. In the event that the Governor of the State of Texas, the
Collin County Judge, the Collin County Commissioners Court, or the Collin County Health
Authority (collectively, "Ordering Authority") issues or promulgates any additional
proclamations, executive orders, or other orders or measures regarding the novel coronavirus
(COVID49) pandemic or matters relating thereto (collectively "COVID-19 Orders"), those
COVID-19 Orders shall be deemed to have been approved and adopted by the City Council to the
extent as may be applicable as if set forth verbatim herein and shall respectively take effect and be
enforceable as of the effective dates and/or times established by any such Ordering Authority and
the City may enforce such COVID-19 Orders through any and all lawful means.
CITY Or ANNA, TEXAS ORD. NO. 71S �. PAGI; 2
SECTION I Pursuant to section 418.108(c) of the Texas Government Code, this
supplement to the declaration of a local state of disaster due to public health emergency shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
SECTION 4. Pursuant to section 418.108(d) of the Government Code, during this
declaration of disaster the City of Anna's Emergency Management Plan remains activated.
Pursuant to 418.108(f) and 418.108(g) the Mayor may: (1) order the evacuation of all or part of
the population from a stricken or threatened area under the jurisdiction and authority of the City if
the Mayor considers the action necessary for the preservation of life or other disaster mitigation,
response, or recovery; and (2) the Mayor may control ingress to and egress from a disaster area
under the jurisdiction and authority of the City and control the movement of persons and the
occupancy of premises in that area.
SECTION 5. This declaration authorizes the City to take any actions necessary to promote
health and suppress the COVID-19 virus, including the quarantine of persons and occupied
structures, examining and regulating hospitals or clinics, regulating ingress and egress from the
City, regulating ingress and egress to occupied structures, and insuring compliance for those who
do not comply with the City's rules, pursuant to section 122.006 of the Health and Safety Code.
SECTION 6. The City Council of the City of Anna, the Anna Planning and Zoning
Commission, the Anna Community Development Corporation board of directors, and the Anna
Economic Development Corporation board of directors and their essential and necessary attendees
shall be exempt from this Declaration for scheduled public meetings, whether a regular, work
session, special or emergency meeting. The stated exempt entities shall use best efforts to provide
adequate social distancing for members and attendees during any scheduled meetings, including
their closed sessions. Whenever possible, teleconferencing shall be utilized for meetings held
under this Section and the frequency of meeting may be reduced when feasible.
SECTION 7. Beginning March 26, 2020 at midnight and ending April 14, 2020 at
midnight unless terminated sooner by the Mayor or the City Council:
(1) All individuals currently living within Anna are ordered to shelter at their
place of residence. For the purposes of this ordinance, residences include hotels, motels,
shared rentals, and similar facilities. To the extent individuals are using shared or outdoor
spaces, they must at all times as reasonably as possible maintain social distancing of at
least six feet from any other person when theyare outside their residence. All persons may
leave their residences only for Essential Activities, or to provide or perform Essential
Governmental Functions, or to operate Essential Businesses, all as defined herein.
(2) All businesses operating within Anna, except Essential Businesses as
defined in below in this Section 7, are required to cease all activities at facilities located
within Anna. For clarity, businesses may continue operations consisting exclusively of
CITY OF ANNA, TExAS ORD. NO. �'� PAGE 3
employees or contractors performing activities at their own residences (i.e. working
from home). To the greatest extent possible, all Essential Businesses shall comply with
the Social Distancing Guidelines attached, including maintaining six-foot social
distancing for both employees and the general public.
(3) All public or private gatherings of any number of people occurring
outside a single household or living unit are prohibited, except as otherwise provided
herein. Nothing in this Declaration prohibits the gathering of members of a household or
living unit.
(4) Restaurants with or without drive-in or drive -through services and
microbreweries, micro -distilleries, or wineries may only provide take out, delivery, or
drive -through services as allowed by law.
A. Definitions:
(1) For purposes of this Declaration, individuals may leave their residence
only to perform any of the following "Essential Activities
a. To engage in activities or perform tasks essential to their health
and safety, or to the health and safety of their family or household
members (for example, obtaining medical supplies or medication
or visiting a health care professional).
b. To obtain necessary services or supplies for themselves and their
family or household members, or to deliver those services or
supplies to others (for example, food, pet supply, and any other
household consumer products, and products necessary to maintain
the safety, sanitation, and essential operation of residences.
c. To engage in outdoor activities, provided the individuals comply
with social distancing requirements of six feet (for example,
walking, biking, hiking, running, and other exercise activities).
Children shall not use playground equipment or any other public
recreational structures.
d. To perform work providing essential products and services at an
Essential Business or to otherwise carry out activities specifically
permitted in this Order.
e. To care for a family member• or pet in another household.
(2) For purposes of this Declaration, "Essential Businesses" means:
CITY OF' ANNA, TI✓XAS ORD. NO. �` � � PAGI; 4
a. Essential Healthcare OUerations. Healthcare operations,
including hospitals, clinics, dentists, pharmacies, pharmaceutical
and biotechnology companies, other healthcare facilities, healthcare
suppliers, mental health providers, substance abuse service
providers, blood banks, medical research, laboratory services, or any
related and/or ancillary healthcare services. Home -based and
residential- based care for seniors, adults, or children are also
considered healthcare operations. Healthcare operations also
includes veterinary care and all health and welfare services provided
to animals. This exemption shall be viewed broadly to avoid any
impacts to the delivery of healthcare. Healthcare operations do not
include fitness and exercise gyms and similar facilities.
b. Essential Government Functions. All services provided by local
governments needed to ensure the continuing operation of the
government agencies to provide for the health, safety and welfare of
the public. Further, nothing in this order shall prohibit any individual
from performing or accessing "Essential Government Functions."
All Essential Government Functions shall be performed in
compliance with social distancing requirements of six feet, to the
extent possible. Essential government functions include but are not
limited to the conducting of elections for candidates for office or for
measures.
c. Essential Critical Infrastructure. Work necessary to the
operations and maintenance of the 16 critical infrastructure sectors
as identified by the National Cybersecurity and Infrastructure
Agency (CISA) including public works construction, residential and
commercial construction, airport operations, water, sewer, gas,
electrical, oil refining, roads and highways, public transportation,
solid waste collection and removal, internet, and
telecommunications systems (including the provision of essential
global, national, and local infrastructure for computing services,
business infrastructure, communications, and web -based services),
financial institutions, defense and national security -related
operations, elimination of hazardous materials, essential
manufacturing operations provided that they carry out those services
or that work in compliance with social distancing requirements of
six feet, to the extent possible. Essential Businesses providing
essential infrastructure should implement screening precautions to
protect employees and all activity shall be performed in compliance
with social distancing guidelines attached.
CITY OF ANNA, TTXAS ORD. NO. �+ PAGI; 5
d. Essential Retail. Food service providers, including grocery stores,
warehouse stores, bodegas, liquor stores, gas stations and
convenience stores, farmers' markets that sell food products and
household staples. Food cultivation, including farming, fishing, and
livestock. Businesses thatship or deliver groceries, food, goods or
services directly to residences. Restaurants and other facilities that
prepare and serve food, but only for delivery or carry out. Schools
and other entities that typically provide free services to students or
members of the public on a pick-up and take -away basis only. The
restriction of delivery or carry out does not apply to cafes and
restaurants located within hospital and medical facilities.
Laundromats, dry cleaners, and laundry service providers. Gas
stations, auto -supply, auto, bicycle repair and essential business
equipment suppliers, hardware stores, and related facilities.
Businesses that supply products needed for people to work from
home.
e. Providers of Basic Necessities to Economically Disadvantaged
Populations. Businesses that provide food, shelter, and social
services, and other necessities of life for economically
disadvantaged or otherwise needy individuals.
f. Essential Services Necessary to Maintain Essential Operations
of Residences or Other Essential Businesses. Trash and recycling
collection, processing and disposal, mail and shipping services,
building cleaning, maintenance and security, warehouse/distribution
and fulfillment, storage for essential businesses, funeral homes,
crematoriums and cemeteries. Plumbers, electricians, exterminators,
and other service providers who provide services that are necessary
to maintaining the safety, sanitation, and essential operations of
residences and Essential Businesses. Professional services, such as
legal or accounting services, when necessary to assist in compliance
with legally mandated activities. Businesses that supply other
essential businesses with support or supplies needed to operate.
g. News Media. Newspapers, television, radio, and other media
services.
h. Childcare Services. Childcare facilities providing services that
enable employees exempted in this Declaration to work as
permitted.
i. All Business Open to the Public. Essential Businesses shall post
entry signage instructing patrons of the need to limit patron
visits to necessary purchases only and to maintain social
CITY Or ANNA, TT✓XAS ORD. NO. $ � a. PAGI; G
distancing. Essential Businesses shall provide a sanitation
station as a required first stop for patron entering the business
or require persons entering the building to wash their hands.
(3) Any manufacturer who retools so that a substantial part of their business is
for the purpose of manufacturing and producing ventilators may apply for an "essential
business" exemption under this Declaration and the Mayor shall decide whether to grant
of deny such exemption.
(4) Grocery stores, supermarkets, warehouse stores, hospitals, and medical
facilities are experiencing high levels of demand for a large number of products, requiring
more deliveries from manufacturers and distribution centers to serve their customers. Due
to the need to deliver products as quickly and efficiently as possible during this critical
timeframe, this Declaration hereby suspends all delivery hour restrictions for transport to
or from any entity involved in the selling or distribution of food products, medicine, or
medical supplies in Anna during the disaster declaration.
(5) If someone in a household has tested positive for coronavir•us, the household
is ordered to isolate at home. Members of the household cannot go to work, school, or any
other community function.
(6) Nursing homes, retirement, and long-term care facilities are instructed by
this order to prohibit non -essential visitors from accessing their facilities unless to provide
critical assistance or for end -of -life visitation.
(7) Public and private schools and institutions of higher education are instructed
by this Declaration to provide a safety plan to the appropriate Office of Homeland Security
and Emergency Management 72 hours before students return to a classroom setting.
(8) Additionally, this Declaration instructs all employees to remain at home if
sick.
(9) The owner•, manager, or• operator• of any facility that is likely to be impacted
by this Declaration is strongly encouraged to post a copy of this Declaration onsite and to
provide a copy to any member of the public asking for copy. If any subsection, sentence,
clause, phrase, or word of this Declaration or any application of it to any person, structure,
gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court
of competent jurisdiction, then such decision will not affect the validity of the remaining
portions or applications of this Declaration.
(10) No resident of Anna may enter any building at any truck stop located on or
near U.S. Highway 75 unless the resident is an employee of the truck stop/travel
center/travel center or is a truck driver and has an essential need to enter such buildings.
CITY OP' ANNA, TEXAS ORD. NO. X5`�, PAGI 7
For the purposes of this ordinance a truck driver is a person who earns a living as the driver
of a truck (usually a semi truck, box truck or dump truck).
SECTION 8. The following are approved Social Distancing Recommendations:
(1) Vulnerable Populations: Limit Outings
a. Vulnerable populations include people who are:
l . 60 years old and older.
2. People with certain health conditions such as heart
disease, lung disease, diabetes, kidney disease and
weakened immune systems.
b. For vulnerable populations, don't go to gatherings unless itis
essential. Stay home. Avoid people who are sick.
(2) Workplace and Businesses: Minimize Exposure
a. Suspend nonessential employee travel.
b. Ensure employees practice social distancing and do not work
within six feet of one another.
c. Urge essential employees to stay home when they are sick and
maximize flexibility in sick leave benefits.
d. Do not require a doctor's note for employees who are sick.
e. Maximize telecommuting options.
f. Persons who need to be at work to provide essential services of
great benefit to the community must take steps in their workplace
to minimize risk.
(3) Cancel Non -essential Events
a. Cancel non -essential events.
b. Do not attend any essential or non -essential events or
gatherings, if sick.
c. For events that meet the Recommendations herein and which
aren't cancelled, we recommend:
CITY Ol+ ANNA, TEXAS ORD. NO. Qi S c� PAGI; 8
1. Having hand washing capabilities, hand sanitizers and
tissues available.
2. Frequently cleaning high touch surface areas like
counter tops and handrails.
3. Finding ways to implement social distancing.
(4) Schools: Safety First
a. Do not have your child attend school if sick.
b. If you have a child with chronic health conditions, consult the
child's doctor about school attendance.
c. Schools should equip all classrooms with hand sanitizers and
tissues.
d. Recommend rescheduling or cancelling events that are not
essential.
e. Explore remote teaching and online options to continue
learning.
f. Schools should develop a plan for citywide school closures, and
families should prepare for further closures.
(5) Transit: Cleaning and Protection
a. Increase cleaning of vehicles and high touch surface areas.
b. Provide hand washing/hand sanitizers and tissues in stations and on
vehicles.
c. Ensure social distancing practices are implemented to the full
extent possible.
(6) Health Care Settings: Avoid as possible, protect the vulnerable
a. Long-term care facilities should have a COVID-19 plan in
accordance with CDC or state guidelines.
b. Long-term care facilities should restrict all visitation except for
certain compassionate care situations, such as end of life
situations.
CITY OI+ ANNA, T1XAS ORD. NO. �� PAGI; 9
c. The general public should avoid going to medical settings such
as hospitals, nursing homes and long-term care facilities, even
if you are not ill.
d. If you are ill, call your health care provider ahead of time, and
you may be able to be served by phone.
e. Do not visit emergency rooms unless it is essential.
f. Follow guidance and directions of all facilities.
(7) Everyone: Do your part
The best way for all Anna residents to reduce their risk of getting sick, as with
seasonal colds or the flu, still applies to prevent COVID-19:
a. Wash hands with soap and water fol• at least 20 seconds.
b. Cough or sneeze into your elbow or a tissue. Throw the
tissue in the trash.
c. Stay home if you are sick.
d. Avoid touching your face.
e. Try alternatives to shaking hands, like an elbow bump or
wave.
f. If you have recently returned from a country, state or region with
ongoing COVID-17 infections, monitor your health and follow
the instructions of public health officials and CDC guidance.
g. There is no recommendation to wear masks at this time to
prevent yourself from getting sick.
You can also prepal•e for the disl•uption caused by an outbreak.
Pl•eparedness actions include:
a. Prepare to work from home if that is possible for your job, and
your employer.
b. Make sure you have a supply of all essential medications for your
family.
c. Prepare a childcare plan if you or a caregiver are sick.
CITY OI' ANNA, TEXAS ORD. NO. Rya PAGE 10
d. Make arrangements about now your family will manage
school closures.
e. Plan for how you can care for a sick family member without
getting sick yourself.
f. Take care of each other and check in by phone with friends, family
and neighbors that are vulnerable to serious illness or death if they
get COVID49.
g. Keep common spaces clean to help maintain a healthy
environment for you and others. Frequently touched surfaces
should be cleaned regularly with disinfecting sprays, wipes
or common household cleaning products.
SECTION 9. This Declaration hereby incorporates and enacts the following regulations
from the Governor's Executive Order No. GA-08 regarding the conduct of persons/people and
schools:
1. Every person shall avoid social gatherings of more than 10 people.
2. People shall avoid eating or drinking at bass, restaurants, and food courts, or visiting
gyms or massage parlors; provided, however, that the use of drive-thru, pickup, or
delivery options is allowed and highly encouraged.
3. People shall not visit nursing homes or retirement or long-term care facilities unless
to provide critical assistance.
4. Schools shall temporarily close.
SECTION 10. This Declaration hereby incorporates Collin County Judge Chris Hill's
Order of March 24, 2020 and finds it consistent herewith in all respects.
SECTION 11. This declaration hereby authorizes the use of all lawfully available
enforcement tools.
SECTION 12. Any person, firm or corporation violating any of the provisions of this
Declaration commits an offense, punishable by a fine up to $1000.00, and each and every day
such violation shall continue shall be deemed to constitute a separate offense.
SECTION 13. This ordinance shall take effect in accordance with Section 7 above.
SECTION 14. All questions of interpretation of definitions and provisions of this
ordinance shall be decided by the Mayor unless overruled by a majority of the City Council.
CITY OF ANNA, TEXAS ORD. NO. R�� PAGI; 11
APPROVED, DECLARED AND ORDERED this 14th day of Apr' 20.
ATTEST:
Carrie L. Land, City Secretary
llfs
OFAIy
.�.0 .....,, 2
Nate Pike, Mayor
CITY OF ANNA, TEXAS ORD. NO. � �� PAGl; 12
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Consider/Discuss/Action on an Ordinance of the City of Anna, Texas; amending the Anna City
Code of Ordinances by amending Appendix A, Fee Schedule; providing for a penalty for any
violation of this ordinance not to exceed $500; providing for savings and severability, and repealing
clauses; providing for an effective date; and providing for the publication of the caption hereof.
(Director of Public Works Greg Peters)
SUMMARY:
The City of Anna has an existing process for the engineering plan review on private land
development projects. The current process requires the developer to submit a $2,500 payment,
which is held by the City. Funds are then paid to the 3rd party engineering consultant (currently
Birkhoff, Hendricks, & Carter) on a pay as you go basis for their time spent reviewing plans.
The current process requires excessive tracking by both Finance and Public Works staff, as the
developer may be required to pay more, or the City may be required to reimburse unused funds
back.
Due to the timing of invoicing, projects may be approved and go to construction prior to the City
realizing that the developer owes additional money for plan review.
In addition, when the developer submits their plans, they have no idea how much money the plan
review process will cost them.
Staff is proposing a flat fee process, which is more efficient for City staff and provides developers
with a known fee schedule they can budget for.
Staff believes that the revised process will benefit staff and the development community by
removing "red -tape" processes and providing more efficient and cost effective processes, while
ensuring that a thorough plan review is completed.
Strategic Connection
This items supports the City ofAnna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
ATTACHMENTS:
Description
Ordinance - Engineering Plan Review Fees
Presentation - Engineering Plan Review Fees
Example fees
Upload Date Type
4/20/2020 Ordinance
4/21/2020 Presentation
4/21 /2020 Backup Material
CITY OF ANNA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS; AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING APPENDIX A, FEE SCHEDULE;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $500; PROVIDING FOR SAVINGS AND SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas City Council (the "City Council"), has
previously adopted ordinances, rules, and regulations governing Schedule of Fees; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Appendix A, Fee
Schedule, Article A3.000 (Development Fees), Sec. A3.005 (Plat Fees) of the Anna City
Code of Ordinances ("Anna Code") by adjusting rates for engineering plan and plat
review to reflect the actual costs of administration, plan review, third -party consultant
services, and permitting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II of the Anna Code, the following amendments are
made to Appendix A (Fee Schedule), Article A3.000 (Development Fees), Sec.
A3.005 (Plat Fees).
Sec. A3.005. Plat Fees
(e). Fees and Charges shall be calculated in accordance
with the following schedule:
F-1
by Gity GeRSUItentc /fin inVeiGe fGF GeStS odor $2,500 nn
will be provided to -,the applTcant�T ind to the exton+
a-Etual al aura-use-leT.ci-�t'r�5v00-v0-
(9) Engineering Review:
a. Review of civil engineering construction plans shall
be $250.00, plus $10.00 per acre, for each review,
to be paid at the time such plans are submitted to
the Public Works Department.
b. Review of flood studies shall be $250.00 for each
review, to be paid at the time such study is
submitted to the Public Works Department.
c. Review of special utility infrastructure plans,
including sewer lift stations, sewer treatment
facilities, potable water towers, potable water
pressure tanks, potable water standpipes, potable
water pump stations, potable water storage and
similar facilities shall be $500.00 for each review,
to be paid at the time such plans are submitted to
the Public Works Department.
d. Review of complex structural/geotechnical plans,
including without limitation retaining walls greater
than 10-feet in height, reservoir/pond dams, and
bridges shall be $500.00 for each review, to be
paid at the time such plans are submitted to the
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person
convicted of any such violation shall be fined in an amount not to exceed $500
for each incidence of violation. Each violation is considered a separate offense
and will be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be
held to be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part thereof. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and
upon the posting and/or publication, if required by law, of its caption and the City
Secretary is hereby directed to implement such posting and/or publication.
Passed by the City Council of the City of Anna, Texas, this 28t" day of April 2020.
APPROVED:
Mayor Nate Pike
ATTEST:
City Secretary Carrie Smith
THE CITY OF
Ordinance —Engineering Review Fees
City Council
April 28, 2020
Overview
■ Current Process
■ Process Weaknesses
■ Peer City Fees
■ Proposed Solution
■ Ordinance Language
■ Staff Recommendations
THE CITY OF
manna
Current Process
■ Developer submits $2,500 check with plat submittal
and/or with civil engineering plan submittal.
■ Public Works runs the civil plan review process, with
review assistance from consultant (Birkhoff, Hendricks, &
Carter)
■ Finance Staff tracks BHC invoices against each individual
development project.
■ Public Works staff tracks project status relative to BHC
invoicing.
■ If the review cost exceeds $2,500, staff is supposed to
request another payment of $2,500 from Developer.
■ If review is completed for less than $2,500, staff is
supposed to issue a reimbursement check to the
developer for the balance.
�1
0
I
•
4
THE CITY OF
A
Process Weaknesses
■ Not scalable
■ As volume of projects increases, the process quickly becomes
difficult to manage due to excessive tracking and coordination.
■ Often BHC invoices trail project status by 30+ days, due to
the timing of work done versus invoice processing.
■ Requires Finance staff to spend a great deal of time on:
■ Comparing BHC invoices to accounting status of each project.
■ Coordinating with Public Works staff on project status, project
name changes, which projects may have gone dormant, which
projects are done with plan review, etc.
■ Requires Public Works to spend a great deal of time on:
■ Free reviews for smaller projects where BHC does not need to
be involved (pad sites, 1-5 acre developments with limited
infrastructure)
■ Tracking down developers to request additional payment after
review is complete (if BHC review exceeds $2,500 at the end).
■ Tracking down developers and coordinating with Finance to
issue reimbursement checks.
THE CITY OF
Anna
Development Community Concerns
■ Actual plan review costs are unknown
until the end (difficult to budget)
■ May get hit with an additional fee after
project is already approved (due to timing
of invoices, etc.)
■ For a small simple project, a $2,500
upfront payment is too much. (Bad for
small business)
■ Wait time to get reimbursed for unused
funds.
r
THE CITY OF
manna
Peer City Fees
city
Plan Review Fee Construction
M Inspection Fee (%)
Allen No Review fee 3.2%
Anna (Current) 2500$
4.0%
Celina Based on # of Lots 3.0%
Frisco No Fees 2.5%
Little Elm
See Notes 3.0%
McKinney
No Review Fee 4.0%
Plano
$100/Acre 4.0%
Prosper
$150 3.0%
Sachse
$300 4.5%
Notes
Captured in the inspection fee.
All money goes towards 3rd party engineer. Any money not
used is returned to Developer. '
■
0-100 lots: 85$/lot, 101-200 lots:75$/lot, 201-300 lots: 65$/lot.
Captured in the inspection fee.
Engineering plan review fee = $150+
• 50% of building permit fee for <$2M value
• 25% of building permit fee for >$2M value
• or amount as required by 3rd party review
5% out of the Inspection fees goes towards plan review fees.
Flat fee per acre
A one time fee of 150$, the rest is captured in inspection fees
A one time fee of $300, the rest is captured in inspection fees. '�
CITY OF
Proposed Solution
■ Flat fee Per Review
■ Flat fee per review based on size of project ($250 + $10/acre/review)
■ Flat fee per review for specialty infrastructure ($250/review)
■ Flat fee per review of flood studies ($250/review)
■ Flat fee per review for complex structural items ($250/review)
■ Separate the consultant contract from individual development
■ Fixed fee annual contract for engineering consultant services.
■ Public Works Director and staff responsible for managing the contract
and keeping on budget.
■ Once contract funds are spent, staff can complete any additional
engineering review needs in-house until the next budget year. (PE on
staff)
■ Some projects will not require consultant review, and can be handled
in-house. (PE on staff)
THE CITY OF
manna
Benefits
■ Cost Predictability for Developers
■ Flat fees based on project size and complexity
■ No major upfront fee for a small business
■ Incentive for their consultant to be efficient
(good plans = less reviews = less fees)
■ Efficient Internal Process for Finance
■ No finance project tracking (saves Finance staff
time)
■ Fees get deposited directly to proper fund account
(no deposit & hold)
■ No reimbursement checks (saves Finance time)
■ Efficient Internal Process for Public Works
■ Consultant review contract made to be a flat fee
annual budget item
■ Public Works manages BHC engineering contract to
maintain budget
THE CITY OF
manna
Ordinance Language
Article 3. Plat Fees
e. Fees and Charges shall be calculated in accordance with the following schedule:
(9) Engineering Review:
a. Review of civil engineering construction plans shall be $250.00, plus $10.00 per acre, for each review,
to be paid at the time such plans are submitted to the Public Works Department.
b. Review of flood studies shall be $250.00 for each review, to be paid at the time such study is
submitted to the Public Works Department.
C. Review of special utility infrastructure plans, including sewer lift stations, sewer treatment facilities,
potable water towers, potable water pressure tanks, potable water standpipes, potable water pump
stations, potable water storage shall be $500.00 for each review, to be paid at the time such plans are
submitted to the Public Works Department.
d. Review of complex structural/geotechnical plans, including retaining walls greater than 10-feet in
height, reservoir/pond dams, and bridges shall be $500.00 for each review, to be paid at the time
such plans are submitted to the Public Works Department.
THE CITY OF
manna
Staff Recommendation & Next Steps
■ Staff has developed the new fee structure based on a revised internal process
which provides improvements for the development community, the Finance
Department, and the Public Works Department.
■ Staff recommends approval of the ordinance as presented, and is available to
answer any questions.
■ If approved, staff would initiate the process for all
new
project
which come in
after
May
1st. All
current projects would
remain in
the
current
system in order
to
avoid confusion.
THE CITY OF
manna
Plan Review Fee Structure - Examples
Fees Paid
City Costs
Review Fee Per
Review Fee
Total Review Fee
Total Review Fee
Engineer Consultant Hourly
Engineer Review Time Per
External Cost Per
Staff Time Per
Staff FTE Hourly
Total City Cost Per
External Cost (Based
External Cost (Based
Total Review Cost (Based
Total Review Cost (Based
Acreage*
Base Review Fee
Example
Internal Cost***
Acre(per
review)**
Based on 3 reviews
Based on 5 reviews
Rate
Review hours
Review
Review/Submittal
Rate
Review
on 3 Reviews)
on 5 Reviews)
on 3 reviews
on 5 reviews)
1
$ 250.00
$ 10.00
$ 260.00
Retail Pad Site
$ 780.00
$ 1,300.00
$ 180.00
1
$ 180.00
2
$ 37.00
$ 74.00
$ 254.00
$ 540.00
$ 900.00
$ 762.00
$ 1,270.00
2
$ 250.00
$ 10.00
$ 270.00
Retail Pad Site
$ 810.00
$ 1,350.00
$ 180.00
1.5
$ 270.00
2.5
$ 37.00
$ 92.50
$ 362.50
$ 810.00
$ 1,350.00
$ 1,087.50
$ 1,812.50
5
$ 250.00
$ 10.00
$ 300.00
Small Commercial
Development
$ 900.00
$ 1,500.00
$ 180.00
2
$ 360.00
3
$ 37.00
$ 111.00
$ 471.00
$ 1,080.00
$ 1,800.00
$ 1,413.00
$ 2,355.00
10
$ 250.00
$ 10.00
$ 350.00
Medium Commercial
Development
$ 1,050.00
$ 1,750.00
$ 180.00
2.5
$ 450.00
3.5
$ 37.00
$ 129.50
$ 579.50
$ 1,350.00
$ 2,250.00
$ 1,738.50
$ 2,897.50
25
$ 250.00
$ 10.00
$ 500.00
Small Residential
Subdivision Phase
$ 1,500.00
$ 2,500.00
$ 180.00
3
$ 540.00
5
$ 37.00
$ 185.00
$ 725.00
$ 1,620.00
$ 2,700.00
$ 2,175.00
$ 3,625.00
50
$ 250.00
$ 10.00
$ 750.00
Medium Residential
Subdivision Phase
$ 2,250.00
$ 3,750.00
$ 180.00
5
$ 900.00
6
$ 37.00
$ 222.00
$ 1,122.00
$ 2,700.00
$ 4,500.00
$ 3,366.00
$ 5,610.00
100
$ 250.00
$ 10.00
$ 1,250.00
Large Residential
Subdivision Phase
$ 3,750.00
$ 6,250.00
$ 180.00
7
$ 1,260.00
10
$ 37.00
$ 370.00
$ 1,630.00
$ 3,780.00
$ 6,300.00
$ 4,890.00
$ 8,150.00
200
$ 250.00
$ 10.00
$ 2,250.00
Large Residential
Subdivision Phase
$ 6,750.00
$ 11,250.00
$ 180.00
8
$ 1,440.00
22
$ 37.00
$ 814.00
$ 2,254.00
$ 4,320.00
$ 7,200.00
$ 6,762.00
$ 11,270.00
250
$ 250.00
$ 10.00
$ 2,750.00
Large Mixed Use Single
Phase Development
$ 8,250.00
$ 13,750.00
$ 180.00
12
$ 2,160.00
24
$ 37.00
$ 888.00
$ 3,048.00
$ 6,480.00
$ 10,800.00
$ 9,144.00
$ 15,240.00
*The City understands that large developments often include multiple phases. Acreage is determined by the total land area to be developed in the active phase
of development. Future phases will be reviewed when they go through the development process.
***Note: Staff time (Superintendent) includes processing paperwork & payment setting up project folders, setting up the project in the review software system, time spent reviewing plans, and time spent coordinating comments, issuing comments, and CIA with the design engineer and
the developer. Some of this is part of the job. It is not expected that the City will recover 100% of internal costs associated with plan review processes.
**Engineering Plan Review Fees are due at time of plan submittal. Plans will not be processed and reviewed until fee is paid.
f the Anna Public Works Department to achieve approved civil plans after 3 rounds of plan review. If all comments are not
eed to after 3rd review, staff will schedule a meeting with the design engineer to meet in person and resolve the remaining issues.
Lrarecases
p to S reviews may be necessary to adequately ensure the project meets City Standards. Unless the design engineer refuses to
n a speficic City requirement, there should never be more than 5 rounds of plan review for a project.
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 4/28/2020
Consider/Discuss/Action on a Resolution approving a Special Event Permit to the Greater Anna
Chamber of Commerce for the Annual 4th of July Fireworks Show (Ashley Stathatos Managing
Director of Community Services).
SUMMARY:
Kevin Hall, President/CEO of the Greater Anna Chamber of Commerce, has submitted a Special
Event Permit Application to hold the Annual July 4th Fireworks Show in the evening at Coyote
Stadium and Slayter Creek Park. The estimated attendance is 2,000 people. The primary activity
would be the fireworks show, and there would be some food and beverage vendors as well.
The Parks Advisory Board usually meets to review special event permit applications and makes
recommendations to the City Council regarding such requests. They did not meet this past month
since non -essential meetings are not being held. Even if they had met, they do not have the
authority to make recommendations regarding public gatherings during the Declaration of Disaster
and Public Health Emergency. Therefore, there is no recommendation from the Parks Advisory
Board regarding this request, and staff is requesting that the City Council take action on this
special event permit request.
There is much to consider in regards to holding the annual July 4th event this year due to the
uncertainty surrounding COVID-19 and the impact it will continue to have on public gatherings.
Staff has outlined options for the City Council to consider for the July 4th event below and issues
surrounding each option.
• Approve the permit for July 4th at Coyote Stadium and Slayter Creek Park. If the
City Council approves the permit, then, staff would need to work with the Chamber to plan a
safe event for Anna neighbors. This would take additional resources. The stadium and park
facilities would need to be sanitized prior to and after the event. There would need to be
signage regarding safety protocols during the event and supplies and materials dedicated to
maintaining appropriate distancing between neighbors. Disinfectant would need to be made
readily available including sanitizing wipes and hand sanitizer. Additional manpower would be
required to ensure compliance with the additional safety protocols and social distancing
requirements.
• Approve the permit for July 4th at another location where neighbors could watch
the fireworks show from their vehicles. This would require the show be moved to an
area with a high volume of parking such as Anna Town Center. Additional policing would be
required to ensure groups of 10 did not gather and congregate in close proximity to each
other. The price of the fireworks show would increase. The fireworks contract requires an
additional 20% or $3,400 to be added to the costs if the location is moved. It is likely that a
higher level show could be necessary for adequate viewing which would increase the costs of the
fireworks show as well.
• Postpone the event to a future date. The pyrotechnics company is allowing cities to
postpone their fireworks shows to within 9 months of their contract date if they are
postponed due to COVID-19 mandates. If the fireworks show is postponed, there would
not be an event on the patriotic holiday. However, this would allow more time for the curve to
flatten and the suspension of the special event permits to be lifted. Even if the show is
postponed, staff anticipates that additional safety protocols and social distancing
requirements will need to be put in place until things resume back to normal.
• Cancel the event for this year. If the show should be cancelled due to COVI D-19 special
event permit suspensions, there is likely to be disappointment form neighbors that look
forward to attending the fireworks show each year. The Greater Anna Chamber of
Commerce would not receive their $8,500 non-refundable retainer back.
Staff's recommendation is to deny the special event permit request until the special event permit
suspension is lifted. It is best to comply with the orders in place and treat all entities wanting to
hold special events the same.
Although staff is recommending denial, we are, also recommending the City Council direct the
Chamber to continue planning the event for July 4th at Coyote Stadium and Slayter Creek Park.
This way if the suspension is lifted, then, the request can come forward, again. The Chamber will
be ready to hold the event with safety protocols and social distancing measures already
planned. If the special event permit suspension is not lifted, then, the Chamber can bring the City
Council alternative dates to hold the fireworks show.
Staff does not recommend moving the event to another location and having people view the fireworks
display from their vehicles. The likelihood is great that people would be congregating outside their
vehicles in large groups. In order to police such a large unsecured area, it would take a significant
amount of manpower.
Strategic Connection
This items supports the City of Anna Strategic Plan, specifically advancing:
Goal 3: Anna -A Great Place to Live
STAFF RECOMMENDATION:
Deny the special event permit request to hold July 4th at Coyote Stadium and Slayter Creek
Park. Direct the Chamber to work with staff on planning a safe event and bring the special event
permit request back to the City Council when the special event permit suspension has been lifted.
ATTACHMENTS:
Description Upload Date Type
Special Event Permit Resolution 4/22/2020 Resolution
Special Event Permit Request 4/22/2020 Backup Material
July4th Contract 4/22/2020 Backup Material
CITY OF ANNA
RESOLUTION NO.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO
GREATER ANNA CHAMBER OF COMMERCE FOR 41h OF JULY FIREWORKS SHOW.
WHEREAS, Kevin Hall, President and CEO of the Greater Anna Chamber of Commerce has
submitted a Special Event Permit Application to hold the Annual 41h of July Fireworks Show; and
WHEREAS, according to Anna City Code of Ordinances, the City Council shall approve all
Special Event Permit Applications; and
WHEREAS, City Staff has reviewed the Special Event Permit Application and finds that Kevin
Hall, President and CEO of the Greater Anna Chamber of Commerce has planned a safe, fun -
filled community event;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2.
The City Council hereby approves the Special Event Permit to Kevin Hall, President and CEO of
the Greater Anna Chamber of Commerce for the Annual 4'h of July Fireworks Show.
PASSED by the City Council of the City of Anna, Texas on this 28th day of October 2020.
APPROVED:
Mayor Nate Pike
ATTEST:
City Secretary Carrie Land
SPECIAL EVENT PERMIT APPLICATION
Planning and Development Dept.
3223 N. Powell Pkwy
Anna, TX 75409
L 972-924-2616
Type of Event: ❑Carnival
INFORMATION
❑Circus ❑Festival ❑Parade ❑Tent F96ther
A licant Name: G e e
Cl- AMA 4ka,6e,�.
Address: 'X( of N Pbwejj fp—wV
City:
State: T-A Zip Code: S' y n
Phone#: Jq -7 %Q.)
f 2�
310
Email: ea
f e r n
Date: °,2
*Note: Applications must be filed at least 30 da s in advance.
Application Fee $50 non-refundable Deposit $300 refundable
dame Information As Above if not the same, complete the next two lines
Issue Deposit Refund To:
Address: City: State: Zip Code
INFORMATIONACTIVITY
Dates of Activity: `�2 , �-v
Reservation Time Block: 1
Type of Activity (explain purpose of activity): 6t
Estimated Number of People Attending Activity:
Reservation Location: IAA(IVA TiD � 0 y,., .TE l r-TA o_k^l J,t^,;rr e e
,,,,f K
Will Food and/or Bevera es be on -site for the activity? B?T'es ❑ No
Will Alcohol be served or sold? ❑ Yes E^o if yes, include request letter)
If yes,
//please indicate who the vendors are (food and drinks):
Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.):
1-1 L-br f
*If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the
event sponsor.
-k-r
w
/�4R k
undersigned, its officers, employees or agents, arising out of, resulting from, or
caused by any act occurring as a result of the exercise of the privileges granted by
this permit.
Applicant agrees that this indemnity agreement is intended to be as broad and
inclusive as is permitted by the laws of the state of Texas, and that if any portion is
held invalid, then it is agreed that the balance shall; notwithstanding, continue in full
legal force and effect.
I do solemnly swear (or affirm) that all the answers given and statements made on this
application and supporting documents are full, true, and correct to the best of my
knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II,
d Article 47 and have read the provisions contained therein and agree to abide by them.
Applicant Name: t v 40, tl
in
Signature: o�
Date: 4 v -0 2 d
Submittal Requirements:
w
1. Completed application with signatures and contact information.
2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City
a
of Anna)
3. Map of Event area.
4. List of food and beverage vendors and/or copy of current license from vendor.
a 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate
= of Insurance is due a minimum of one week before event start date)
6. Letter of request if alcohol is desired.
For Office Use Only:
Date Application & Deposit Received $300 : Date Application Fee Received $50 :
Received By: Received By:
Cash or Check # Cash or Check #
Receipt #: Receipt #:
Required Documents Rec'd:
❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map
❑ Alcohol Request (optional)
❑ Other:
❑ Other:
❑ Approved by: ❑Permit Issued Date:
Assign Date of Parks Board Review of Application:
(put date in blank and notify Applicant.
PYROTEX DISPLAY SERVICES AGREEMENT
This Services Agreement (this "Agreement") is made and entered into as of Tanua 311 _
20M (the "Effective Date"), by and between Pyrotex Inc. ("Pyrotex"), a Texas corporation and
Greater Anna Chamber of Commerce -("Client").
WHEREAS, Client desires to engage Pyrotex to produce a firework display (the
"Display"), and Pyrotex. desires to perform the Services, in accordance with the terms and
conditions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Terms and Conditions. The Services shall be subject to the Pyrotex Terms and
Conditions attached hereto as Attachment A which are incorporated hereto.
2. Pyrotex Scope of Work. Subject to Section 3, Pyrotex shall supply any and all
materials, equipment, supervision, transportation, services and labor required for the full and
complete performance of the Display described in the Scope of Work attached hereto as
Attachment B (the "Services").
3. Client Obligations. Client shall supply the materials, equipment, supervision,
transportation, services and labor described in the Scope of Work attached hereto as Attachment
B
4. Term/Schedule. Unless terminated pursuant to the terms hereof, this Agreement shall
commence on the date hereof and shall expire upon Pyrotex's completion of the Services.
5. Deposit/Compensation. The compensation and deposit to be paid to Pyrotex for the
Services shall be set forth on Attachment B (the "Pyrotex Compensation"). Client shall pay
Pyrotex the deposit on or before the dates set forth in the Terms and Conditions and on
Attachment B.
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
6. Cancellation. Pyrotex shall attempt to fire the Display at such a time as conditions
warrant a safe Display. Pyrotex may cancel the Display if it determines that, in its sole good faith
discretion, the Display may not be conducted in a safe and prudent manner and in accordance
with all applicable laws, including without limitation, if the local wind speed exceeds twenty
miles per hour sustained; if so instructed not to by the local authority having jurisdiction; or, if
the unplanned proximity of people or property should enter the Display site and fallout area. For
the avoidance of doubt, in the event of cancellation pursuant to this Section 6, or due to a Force
Majeure event, as described in the Terms and Conditions, Client shall remain obligated to pay
the full amount of the display in accordance with "Cancellation Fee" provision of Attachment B.
7. Alternate Date. Subject to the payment of additional fees, Client shall have the option,
as set forth on Attachment B, to select an alternate date for the Display in the event that the
Display cannot be produced on the original Display Date.
8. Entire Agreement. This Agreement, together with any and all attachments identified
and made a part hereof, shall constitute the entire agreement between the parties hereto. All prior
agreements, representations, statements, negotiations, understandings, and undertakings are
superseded by this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives as of the date set forth above.
PYROTEX INC.
By: 0 Printed Name: Paige
Title: Sales and Marketing Directnr
CLIENT
By: / Printed Name:
p
Title: r i -o i Gf ej
Address: �� N - �U w P �'� �'y Aires u. 7X /�-s L
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
ATTACHMENT A STANDARD TERMS
AND CONDITIONS
A. Payment of Fees. Client shall
promptly pay the Pyrotex Compensation
on or before the date of the Display.
Except as otherwise specifically
provided in this Agreement, each of the
parties shall pay its own expenses
associated with performing its
obligations under this Agreement. All
payments shall be made in U.S. dollars
without set-off, reduction, deduction,
abatement or withholding of any kind
and time shall be of the essence with
respect to each payment.
B. Default. If either party breaches its
obligations under this Agreement (other
than a delay or interruption in fulfillment
of its obligations as a result of a Force,
including without limitation a failure to
make any payments as required by this
Agreement), the non -defaulting party
shall have the option to immediately
cease all performance under this
Agreement.
C. Termination.
1. This Agreement may be terminated (i)
by Pyrotex immediately for the failure by
Client to pay the deposit or Display Fees
or any other monetary obligations when
due under this Agreement, (ii) by either
party immediately upon the delivery of
written notice in the event the other party
breaches this Agreement and fails to cure
such breach within 10 days, (iii) by
Pyrotex by delivery of 10 days written
notice due to a change in law, regulation,
policy or court order, such party is
precluded from fulfilling its obligations
hereunder, (iv) immediately by Pyrotex
in the event the Client files bankruptcy,
makes a general assignment for the
benefit of creditors, or is otherwise
subjected to proceedings under any
insolvency Law, or (v) immediately by
the Pyrotex if in its reasonable
discretion, Pyrotex determines in good
faith that the Display cannot be
conducted in a safe and prudent manner.
2. Upon any termination or expiration of
this Agreement: Client shall (i) have no
further rights to receive the Services, and
(ii) pay Pyrotex immediately upon such
termination, all amounts then due and
owing (whether in cash or in kind)
through the date of termination. In
addition, if the reason for the termination
is a default, then the party exercising its
termination right shall have the right to
recover all damages it may have suffered
as a result of such event, subject to all
defenses the other party (or parties) may
have.
D. Representations and Warranties.
1. Pyrotex represents and warrants that
(a) the execution of this Agreement by it
has been duly authorized, (b) this
Agreement constitutes the legal and
binding obligations of Pyrotex and is
enforceable against Pyrotex in
accordance with its terms, and (c)
Pyrotex has the absolute and unrestricted
right, power, authority and capacity to
execute this Agreement and to perform
its obligations.
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
2. Client represents and warrants that (a)
the execution of this Agreement by it has
been duly authorized,
(b) this Agreement constitutes the legal
and binding obligations of Client and is
enforceable against Client (and in the
case of an advertising agency/agent, is
enforceable and binding against both the
advertising agency/agent and the
underlying sponsor) in accordance with
its terms, (c) Client has the absolute and
unrestricted right, power, authority and
capacity to execute this Agreement and
to perform its obligations, (d) Client
owns or has the right to use all
intellectual property associated with the
event relating to the Services (the
"Display), and (e) Client's operations
and the Display comply with all federal,
state or local statutes, regulations,
ordinances or orders, directives, permits
or codes ("Laws").
3. Except as otherwise expressly
provided in this Agreement, Pyrotex.
makes no representations or warranties
of any kind, whether expressed, implied
or statutory, all of which are hereby
irrevocably waived by Client.
E. Indemnification.
1. Pyrotex agrees to defend, indemnify,
and hold harmless Client and its
subsidiaries, affiliates, partners, officers,
directors, employees, shareholders,
agents, other representatives, successors
and assigns (collectively the "Client
Parties"), from and against any third
party claims, and related losses,
liabilities, damages, and judgments
(collectively, "Claims"), including,
without limitation, reasonable attorneys'
fees, arising out of personal injury
resulting solely from Pyrotex's gross
negligence or intentional misconduct.
2. Client agrees to defend, indemnify,
and hold harmless Pyrotex and each of
its subsidiaries, affiliates, partners,
officers, directors, employees,
shareholders, agents, other
representatives, successors and assigns
(collectively the "Pyrotex Parties"), from
and against any Claims arising out of. (i)
the breach of its obligations,
representations, warranties and
covenants under this Agreement; (ii)
personal injury resulting from Client's
negligence or intentional misconduct; or
(iii) failure to comply with all Laws.
F. Limitation of Liability.
1. IN NO EVENT WILL EITHER
PARTY BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL,
SPECULATIVE, PUNITIVE OR
CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO
THIS AGREEMENT, EVEN IF SUCH
PARTY HAS BEEN NOTIFIED OF
THE POSSIBILITY OF SUCH
DAMAGES.
2. IN NO EVENT WILL PYROTEX'S
CUMULA TIVE LIABILITY FOR
ANY DAMAGES TO SPONSOR OR
ANY THIRD PARTY, REGARDLESS
OF THE FORM OF ACTION,
WHETHER BASED ON CONTRACT,
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE
ARISING OUT OF OR RELATED TO
THIS AGREEMENT EXCEED THE
AMOUNT ACTUALLY RECEIVED
BY PYROTEX.
G. Insurance. 3
1. Pyrotex shall maintain liability
insurance coverage in the amount of
$5,000,000.00 for bodily injury and
property damage, $5,000.000.00 in
automobile liability, plus worker's
compensation insurance for all its
employees.
2. Client shall maintain in force adequate
workers' compensation, commercial
general liability, errors and omissions,
and other forms of insurance, in each
case with insurers reasonably acceptable
to Pyrotex, with policy limits sufficient
to protect and indemnify Pyrotex and its
affiliates, and each of their officers,
directors, agents, employees,
subsidiaries, partners, members,
controlling persons, and successors and
assigns, from any losses resulting from
Client's conduct, acts, or omissions or
the conduct, acts, or omissions of
Client's agents, contractors, servants, or
employees
H. Miscellaneous.
1. Assignment/Subcontracting. Client
may not assign this Agreement without
the Pyrotex's prior written consent.
Subject to the foregoing, this Agreement
shall be binding upon and shall inure to
the benefit of the parties and their
permitted successors and assigns.
2. Force Majeure. For purposes of this
Agreement, a "Force Majeure" shall
mean and include any event or cause
beyond Pyrotex's reasonable control
(including without limitation,
construction delays, fire, flood, or other
casualty, explosions, damage by third
parties whether negligently or
intentionally caused, or any labor
organization, acts of God or other
casualties, or the laws or actions of any
governmental authority), as a result of
which at any time Pyrotex is unable to
grant any of the rights described in
herein or perform any of its obligations
hereunder. If a Force Majeure occurs,
Pyrotex may elect one of the following
alternatives: (i) cancel the Display or (ii)
provide alternate date, even if Client had
not originally selected one.
Notwithstanding the forgoing, Client
acknowledges that the Display may be
held rain or shine and that Client shall
not be entitled to any return, refund, or
reimbursement of any portion of the Fees
in the event that, whether due to weather
or any other natural occurrence, (A)
Client, whether by Client's own choice
or due to events outside of Client's
control, fails to attend and fully
participate in some or all of the Display,
(B) the Display is poorly attended, or (C)
the Display schedule is in any way
changed, delayed, postponed, or
condensed.
3. Governing Law & Exclusive Venue.
This Agreement, and all of its provisions,
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
will be governed by and construed in
accordance with the law of the State of
Texas without reference to conflict of
laws principles. The exclusive venue for
any proceeding in connection with this
agreement shall be in Fannin County,
Texas.
4. Agency/Third-Party Beneficiaries.
This Agreement is for the sole benefit of
the parties hereto and their permitted
assigns, and nothing herein expressed or
implied shall give or be construed to give
any third parties, other than the parties
hereto and such assigns, any legal or
equitable rights hereunder.
5. Severability. In case any provision of
this Agreement shall be invalid, illegal or
unenforceable, such provision shall be
severed from this Agreement. The
validity, legality and enforceability of the
remaining provisions shall not in any
way be affected or impaired thereby.
6. Attorneys' Fees. Should either parry to
this Agreement commence legal
proceedings against the other to enforce
the terms and provisions of this
Agreement, the party losing in such legal
proceedings shall pay the reasonable
attorneys' fees and expenses of the parry
prevailing in such legal proceedings, as
determined by the court.
7. Relationship of Parties. This
Agreement does not create any agency,
partnership, joint venture or employment
relationship between the parties. The
relationship of the parties shall be solely
that of independent contractors. Each
parry shall be solely responsible for the
conduct of its respective agents and
employees.
8. Integration Clause. This Agreement,
including all exhibits and schedules
hereto, is the final and exclusive
expression of the Agreement among the
parties for the subject matter of this
Agreement, it being understood that
there are no oral representations,
understandings or agreements covering
the same subject matter. This Agreement
may be amended only by a writing
executed by both parties
9. Counterparts; Facsimile; E-mail. This
Agreement may be simultaneously
executed in several counterparts and via
facsimile or e-mail, each of which shall
be deemed to be an original and taken
together shall constitute one and the
same instrument.
10. Survival. All representations,
warranties and agreements of each of the
parties, including, but not limited to,
payment obligations, confidentiality and
indemnity, shall survive the termination
of this Agreement and shall remain
enforceable between the parties.
11. Notices. All material notices or other
communications which are required or
contemplated by this Agreement shall be
in writing and sent by certified or
registered mail or overnight courier to
the addresses first set on this signature
page above. Notices shall be deemed
received on the date delivered.
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
ATTACHMENT B — SCOPE OF WORK
Pyrotex Services Pyrotex shall produce a firework display for the Client (the "Display")
Compensation Total Display Fees: $17.000 Non -Refundable Retainer Fee: $9,500
Retainer Dues Date: March 1,_2020
Balance Due Date: July 4, 2020
In the event that the Display must be conducted on the alternate date
selected below, Client agrees to pay an additional fee equal to twenty
percent (20%) of the total Display cost listed below to cover additional
labor, permit and equipment fees
Cancellation Fees If Client cancels the event, or the event cannot be produced for any
reason set forth in the Agreement, including, without limitation, due
to a Force Majeure or failure by client to comply with the
Agreement:
At least one day prior to the Display date, Client agrees to pay
to Pyrotex as liquidated damages, 50% of the Display Fees;
and
Within 24 hours of the Display Date, the Client shall pay to
Pyrotex as liquidated damages, 100% of the Display Fees.
Full payment of the Display Fees shall be due immediately to
Pyrotex. For the avoidance of doubt, the Client shall not have the
right to elect an alternate date if cancelled within 24 hours of the
Display Date.
Client Obligations Client agrees, at its own expense, to provide Pyrotex with a suitable
site to stage the Display. The firing site and fallout area must be
level, clear of any and all people, vehicles, structures and hazardous
materials from the time Pyrotex arrives to install the Display until
Pyrotex completes the load -out process. Once explosives are on -site,
no one but the Pyrotex crew and law enforcement may enter the fall-
out area. Client is responsible for all clean-up of paper debris with in
the fallout area after the display.
Client shall be responsible for mowing and raking any grass or brush
within the fallout area to a height of three inches (Y) or less.
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com
Client shall provide suitable security adequate to prevent any access
to the Display site by members of the general public or persons not
specifically approved by Pyrotex. Temporary barricades, fencing
and/or a red tape line reading "Danger — Do Not Enter" must be used
to enclose the Display site. Additional large signs reading "Danger --
Do Not Enter" must be placed at normal points of entry into the
firing site.
Client shall provide a minimum of 4 uniformed police are required
to secure the firing site and fallout area from 2.00 PM to 1 1-30 PM.
To the extent allowed by law, any claim arising from injury to
unauthorized persons or damages to property left in the Display area
are the sole responsibility of the Client.
LocationlTime Location: Anna Middle School, 1201 N Powell P�my.,I.ii-ia, T-T
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I_�fiRl 1 1 Time: 1 PM
Alternative Date Election
Alternate/Rainout Date: �'^ 1y 1 ( -� May not be July 4)
AGREED AND ACCEPTED:
PYROTEX LLC
Printed Name: Pie
CLIENT , 1
By:
Printed Name: 1� 411
Title: �'�' J� G�P ZaV
PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com